The 'Contractual Enforcement' of Human Rights in Europe

The notion of the contract was established to achieve patrimonial (property protection) objectives, not least in relation to the transfer of key rights between individuals. The current thinking is that domestic statutes and case law do generally recognise the importance (and the impacts) of Human Rights law in respect of contractual matters. Contemporary legal systems (at both national and supranational levels) particularly reflect the significance of Human Rights law in relation to the following areas: social services; Public Administration, informed consent to health treatment and research activities, and the protection of privacy. This chapter looks specifically at changing legal perceptions of ‘the contract’ as it relates to the protection of human rights in Europe and argues that the blurring of the distinctions between public and private law has enabled domestic judges to actively embed fundamental rights protections.