Fundamental Rights and Private Law in Europe

<p>The book explores from a comparative and inter-disciplinary perspective the relationship between fundamental rights and private law in Europe a debate usually referred to as <em>Drittwirkung</em> or ‘horizontal effect of fundamental rights’. It discusses the different models of <em>‘horizontal effect’</em> and the impact that fundamental rights may have in shaping tort law especially the position of child tortfeasors. The book concentrates on several European jurisdictions namely France Italy Germany Portugal Sweden Finland and England and Wales. At a crossroad between human rights and European private law this study draws insights from several legal fields (international European tort constitutional and child law) sociology psychology and feminist studies. It also considers policy implications and advances proposals which would ensure the optimisation of the effect and maximisation of the effectiveness of fundamental rights in tort law and more generally in private law. This book departs from traditional legal doctrines and offers a more pragmatic comprehensive and just legal analysis of the role of fundamental rights in private law. It will be of interest to undergraduate and postgraduate students academics practitioners policy-makers and activists with an interest in human rights tort law comparative law children’s rights and European private law.</p>