It is not possible under Article 34 ECHR to lodge individual applications at the Court to complain about an interference with one’s Convention rights caused by non-State actors. Nevertheless, the Court has found various ways to extend the protection offered by the Convention rights to horizontal relations.

This chapter focuses on the scope of protection of the Convention in vertical and horizontal relations. First, the direct Convention responsibilities of the States in horizontal relations are explained. The point at which an organisation or institution can be regarded as a ‘public authority’ to be held directly accountable for respecting the Convention is discussed and it is explained that public authorities are always obliged to act in accordance with the Convention, even if they behave as private parties. Subsequently, it is set out how the Convention may have indirect horizontal effect. Attention is thereby paid in particular to the positive obligations of the State to provide effective regulation and enforcement in such horizontal relationships, as well as to the obligations for national courts to take the Convention rights into account when deciding on private law matters.