Aspects of comparison and the European Convention on Human Rights in the context of German law -- The European Court of Human Rights' Caroline von Hannover judgment and its reverberation -- Drittwirkung under the ECHR : human rights obligation of state authorities and their influence on judicial decisions in private law disputes -- Drittwirkung of constitutionally guaranteed basic rights in the German legal order
Summary
In its case law, the European Court of Human Rights has acknowledged that national courts are bound to give effect to Article 8 of the European Convention of Human Rights (ECHR) which sets out the right to private and family life, when they rule on controversies between private individuals. Article 8 of the ECHR has thus been accorded mittelbare Drittwirkung or indirect 'third-party' effect in private law relationships. The German law of privacy, centring on the 'allgemeines Personlichkeitsrecht', has quite a long history, and the influence of the European Court of Human Rights' interpretation
Bibliography
Includes bibliographical references (pages 255-262) and index
