The question as to whether fundamental rights impose duties on private individuals is as much an old constitutional chestnut as it is a controversial current affair. Can a hotel owner deny hosting a member of a neo-Nazi party? Can a devout Christian baker refuse to make a cake for a same-sex wedding? Can a company dismiss a Muslim employee because she refuses to take her headscarf off at work? At the heart of these cases lies the issue of whether private behaviour should be bound by fundamental rights, a problem legal doctrine calls horizontal effect … (more)
Jan Zglinski, Doing Too Little or Too Much? Private Law Before the European Court of Human Rights, Yearbook of European Law, https://doi.org/10.1093/yel/yey013. Published: 2 November 2018.