Lexipedia

Horizontal effect of fundamental rights

Horizontal effect describes how fundamental rights influence legal relationships between private parties, mainly through interpretation and protective duties.

Fundamental rights primarily bind the state, but they also affect private-law relationships. In Switzerland this horizontal effect is usually indirect: courts and authorities interpret private law, such as contract, employment or personality law, consistently with fundamental rights. The state may also have duties to protect individuals against serious private interference. Direct claims between private parties based solely on a constitutional right are exceptional. The concept is important for conflicts such as expression versus reputation, religious freedom in employment, or equality in access to services.