The ‘contractual enforcement’ of human rights in Europe

Abstract

The notion of the contract was established to achieve patrimonial objectives (i.e. property protection) not least in relation to the transfer of key rights between individuals. However today, domestic and transnational legislation, as well as case law, does generally recognise the importance, and the impacts, of human rights law, as it relates to contractual matters, especially in respect of the following areas: social services, public administration, informed consent to health treatments and research activities, and the protection of privacy. This chapter looks specifically at changing legal perceptions of ‘the contract’ in relation to the protection of human rights in Europe, and argues that the blurring of the various distinctions between the fields of public and private law has enabled domestic judges to actively embed more fully fundamental human rights protections.