Generally, two general categories, namely those relating to general theories and approaches regarding the application of human rights in private law and those that discuss the influence of human rights on specific branches of private law are open to contributions from PhD and Master Students. Within this framework more specifically, a first set of topics could be arranged around the overall theoretical framework, discussing different models for introducing human rights into private law. Notably, most constitutions and legislation that enjoy constitutional status do not include express provisions regarding their applicability to private parties. Against this background, possible contributions may present theories on human rights in private law ‘indirectly’, especially by means of blanket clauses and the interpretation of values that are relevant to private. In contrast, and with a view to the specific Norwegian input, explicit recognition of the binding effect of human rights on private parties may provide excellent food for discussion within the seminar.
In that regard, this seminar does naturally extend beyond the immediate boundaries of national and explore the effect of the European Convention on Human Rights on private law.
Secondly, the abovementioned topical approach, that is the influence of human rights on specific branches of private law, shall be covered in the seminar. Notably, the effect of the European Convention on Human Rights on private law by reference to Article 8 (protection of private and family life) and Article 10 (freedom of expression) of the Convention. Additionally, the abovementioned dilemmas rose by the arguable conflict between the classical premises of freedom of contract and property and human rights values and the effect of the right to equality on individual autonomy might be addressed. Further topics may involve the impact of human rights on family law, labour law and the law of torts.