Beyond negative interpretations of freedom of contract: The interplay between private law and human rights in light of the UN convention on the rights of persons with disabilities

Varney, Eliza

Abstract

How should the concept of ‘freedom of contract’ be understood in a way that is compatible with the UN Convention on the Rights of Persons with Disabilities (CRPD)? With a focus on English contract law, this discussion challenges negative interpretations of freedom of contract confined to non-intervention by the state and limited to a narrow perception of the public as economic actors in pursuit of self-interest, in favour of positive interpretations which embrace wider social values such as equality and dignity.

Citation

Varney, E. (2020). Beyond negative interpretations of freedom of contract: The interplay between private law and human rights in light of the UN convention on the rights of persons with disabilities. In C.-G. Stănescu, & A. Adimi Gikay (Eds.), Discrimination, Vulnerable Consumers and Financial Inclusion: Fair Access to Financial Services and the Law (35-56). Taylor & Francis (Routledge). https://doi.org/10.4324/9781003055075-4

• Online Publication Date: Dec 29, 2020
• Publication Date: Dec 29, 2020
• Deposit Date: Feb 17, 2023
• Publisher: Taylor & Francis (Routledge)
• Pages: 35-56
• Book Title: Discrimination, Vulnerable Consumers and Financial Inclusion: Fair Access to Financial Services and the Law
• Chapter Number: 2
• ISBN: 9780367511111
• DOI: https://doi.org/10.4324/9781003055075-4
• Public URL: https://nottingham-repository.worktribe.com/output/17386598
• Publisher URL: https://www.taylorfrancis.com/chapters/edit/10.4324/9781003055075-4/beyond-negative-interpretations-freedom-contract-eliza-varney