This PhD thesis focuses on how Dutch liability and damages law can contribute to the enforcement of ECHR rights, assuming as a starting point that liability and damages law should be constitutionalised. In other words, the question is how ECHR rights should be enforced through liability and damages law. The answer to this central research question needs reference to the nature of liability and damages law and the nature of ECHR law. There are five key themes that support the description of the nature of both sets of regulations. These themes are the basic principles, the basis, the legal rule, the criteria, and enforcement. The comparison between ECHR law and liability and damages law as it currently stands has resulted in the first part of the conclusion, which is that we should not look for the solution regarding the enforcement of fundamental rights in the liability for unlawful acts law only. An important point in the comparison is the observation that the bases in the two sets of regulations are essentially different. Liability and damages law, on the one hand, is based on the basic principles of to live honestly, not to injure another, to give to each one that which belongs to him and each shall bear his own damage. The basic principles reveal that harm is a core element in liability and damages law as it is currently structured. ECHR law, on the other hand, is based on the basic principles of human dignity and fundamental freedom. These basic principles have made ECHR law a system that aims to prevent rights violations and, where no longer possible, to sanction violations. Protection of fundamental interests is therefore the core element. Current liability and damages law, as opposed to ECHR law, more specifically aims to remedy an unfair situation which consists of harm caused by the disadvantaging party on the disadvantaged party, through the property of the disadvantaged party and the disadvantaging party. Harm and the correlative relationship between disadvantaged and disadvantaging party are ...