Privatising Human Rights and the Abuse of Power
13 CANADIAN JOURNAL OF LAW AND JURISPRUDENCE 103 (2000)
32 Pages Posted: 17 May 2015
Date Written: 2000
Abstract
I shall explore the policy implications for privatising of human rights from three angles. Firstly, I shall examine the social policy implications of protecting human rights in the context of private relations as compared with those involved in protecting them against the power of the state. Secondly, I shall analyse concrete examples of the application of human rights in the private sphere in order to discover whether there is, on the empirical evidence, a common concept of justice that underlies them. Thirdly and finally, I shall consider the advantages and disadvantages of entrusting the task of privatising human rights to the courts as opposed to the legislature.
Keywords: human rights, privatising, power of the state, private sphere, justice
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