HUMAN RIGHTS HORIZONTALLY AND REASONABLY

Article Sidebar

PDF
Published: Dec 7, 2014
Keywords:
horizontality, non-state actors, human rights, European Convention on Human Rights, U.S. Supreme Court, Switzerland, Swiss Federal Tribunal, sport, doping, entertainment, boycott

Main Article Content

Pavel Hamerník

Abstract

The application of human rights in horizontal direction between non state actors has been debated issue. Allowing breach of human rights by non state actors only because they are not the state does not seem to be sustainable in the future. The article first presents style of application of human rights indirectly in front of European Court of Human Rights and the U.S. Supreme Court and comes to example of direct application model in Switzerland, citing also alternatives how human rights could be treated with reference to recognized authors in the field. Besides some established precedents, new wave cases are present in the legal environment of sports or entertainment sectors to be viewed as the challenge for the continuing discussion in this area of law.

Article Details

Issue
Vol. 4 No. 4 (2014): The Lawyer Quarterly
Section
Articles

Copyright and originality of the offered manuscript

1. It is assumed that the manuscript offered has not been previously published. It is expected that the authors will inform the editorial board of TLQ if the entire manuscript, its parts or some relevant results have been previously published in a different publication at the level of an article in a reviewed scientific magazine or monograph. Should the editorial board of TLQ conclude that this condition was not fulfilled the review process may be terminated.

2. It is assumed that the submitted manuscript is an original academic work. If that is not the case the author needs to provide information regarding all circumstances that could raise doubts whether the manuscript is the outcome of original research.

3. By submitting the manuscript the author acknowledges that after the publication in The Lawyer Quarterly her/his work will be made available online to the Internet users and also kept by the Library of the Academy of Sciences of the Czech Republic. Author's rights to further use the work remain unabridged.