human rights violations in private relations and the feasibility of civil liability: a comparative analysis with reference to the iranian legal system

In the traditional perspective, human rights are primarily concerned with constraining state power and protecting citizens against violations of human dignity by governmental institutions. however, the growing influence of non-state actors in various spheres has posed fundamental challenges to the state-centric exclusivity of human rights. in this context, the theory of the horizontal effect of human rights—as the extension of human rights obligations into private relations—has acquired a notable position in legal scholarship. employing a descriptive–analytical method and a comparative approach, this article examines the feasibility of establishing civil liability for human rights violations occurring within private relations and seeks to elucidate the capacity of the iranian legal system to employ civil liability rules for redressing such breaches. the study first explores the theoretical foundations of the binding force of human rights in private relations through the lenses of both direct and indirect horizontal effects. it then considers the adaptability of civil liability rules to instances of human rights violations and analyzes the distinctive features of human rights–related torts. the findings indicate that civil liability can serve as an effective instrument for ensuring and redressing human rights violations in private relations, provided that its interpretation and application are accompanied by due regard for the special considerations inherent in fundamental rights.

human rights violations in private relations and the feasibility of civil liability: a comparative analysis with reference to the iranian legal system

in the traditional perspective, human rights are primarily concerned with constraining state power and protecting citizens against violations of human dignity by governmental institutions. however, the growing influence of non-state actors in various spheres has posed fundamental challenges to the state-centric exclusivity of human rights. in this context, the theory of the horizontal effect of human rights—as the extension of human rights obligations into private relations—has acquired a notable position in legal scholarship. employing a descriptive–analytical method and a comparative approach, this article examines the feasibility of establishing civil liability for human rights violations occurring within private relations and seeks to elucidate the capacity of the iranian legal system to employ civil liability rules for redressing such breaches. the study first explores the theoretical foundations of the binding force of human rights in private relations through the lenses of both direct and indirect horizontal effects. it then considers the adaptability of civil liability rules to instances of human rights violations and analyzes the distinctive features of human rights–related torts. the findings indicate that civil liability can serve as an effective instrument for ensuring and redressing human rights violations in private relations, provided that its interpretation and application are accompanied by due regard for the special considerations inherent in fundamental rights.