The horizontal effect (drittwirkung) of the european convention on human rights

The European Convention on Human Rights sets forth a number of fundamental rights and freedoms which by traditional conception are irrelevant for cases that concern the sphere of relations between individuals. The thesis challenges this presumption and presents an approach to human rights which suggests that Convention is applicable to the behaviour of private parties – the concept known by German word Drittwirkung (effect on third party or horizontal effect). The study seeks to provide a critical examination which Convention rights can be affected by Drittwirkung and to what extent. Furthermore, it discusses the framework of holding the state responsible where the direct source of the infringement is a non-state actor rather than a public authority and attempts to define the limits of increasing burdens on state. Thorough review of the Strasbourg case-law relating to the question of violations of human rights by private bodies leads the author to the conclusion that states are obliged to protect individuals from private acts and where a state has failed to take preventive or punitive action with regard to the abuse, then a state could be in violation of its international obligations. Systematic analysis of the scope of horizontal effect on Convention articles separately enables a fuller understanding of the Convention duties to member states and non-state actors which directly helps to improve the protection of human rights