2011 Fiscal Year Final Research Report
Human rights protection between private individuals in France
| Project/Area Number |
21730017
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| Research Category |
Grant-in-Aid for Young Scientists (B)
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| Allocation Type | Single-year Grants |
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| Research Field |
Public law
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| Research Institution | Ibaraki University |
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Principal Investigator |
SAITO Emiko 茨城大学, 人文学部, 准教授 (20456297)
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| Project Period (FY) |
2009 – 2011
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| Keywords | 憲法 / 人権 / フランス |
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| Research Abstract |
The central issue for this research project is to reveal that the French ordinary judicial courts apply the constitutional norms not only to conflits between private citizens and public authorities, but also to cases between private individuals.
In French labor case law, we can find abundant examples of applications of the equality principle grounded in the constitutional bloc. These simple applications don't always mean that the constitutional principles fill an active role for protection of fundamental rights, but it is obvious that the French ordinary courts regard the constitutionl fundamental rights as applicable in private relations.
This research shows also that the old japanese doctrinal question which consists in asking if the constitutional fundamental rights apply to disputes between private individuals does not fit in French context because of diffenrences in the judicial system and that the recent changes, such as the extension of gender parity(la parite) to private sphere and the environmental charter directly imposed to private individuals, support the Constitution as omni-directional norm.
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