The Development Of Positive Obligations Under The European Convention On Human Rights By The European Court Of Human Rights

The Development Of Positive Obligations Under The European Convention On Human Rights By The European Court Of Human Rights Book in PDF, ePub and Kindle version is available to download in english. Read online anytime anywhere directly from your device. Click on the download button below to get a free pdf file of The Development Of Positive Obligations Under The European Convention On Human Rights By The European Court Of Human Rights book. This book definitely worth reading, it is an incredibly well-written.

The Development of Positive Obligations under the European Convention on Human Rights by the European Court of Human Rights

Alastair Mowbray
The Development of Positive Obligations under the European Convention on Human Rights by the European Court of Human Rights Book PDF

Author : Alastair Mowbray
Publisher : Bloomsbury Publishing
Page : 256 pages
File Size : 41,8 Mb
Release : 2004-01-30
Category : Law
ISBN : 9781847311931

Get Book

The Development of Positive Obligations under the European Convention on Human Rights by the European Court of Human Rights by Alastair Mowbray Pdf

During the last thirty years the European Court of Human Rights has been developing,at an expanding pace, positive obligations under the European Convention. This monograph seeks to provide a critical analysis of the burgeoning case law concerning positive obligations, a topic which is relatively uncharted in the existing literature. Positive obligations require many different forms of action by member states, ranging from effectively investigating killings through to protecting peaceful demonstrators from violent attacks by their opponents. The contemporary significance of these obligations is graphically illustrated by the fact that it is the obligation upon states to provide fair trials to determine civil and criminal proceedings within a reasonable time that is the source of the overwhelming majority of complaints to the European Court in recent years. The study examines the legal bases and content of key positive obligations. Conclusions are then drawn concerning the reasons for the development of these obligations and areas of potential expansion are identified.

The Positive Obligations of the State under the European Convention of Human Rights

Dimitris Xenos
The Positive Obligations of the State under the European Convention of Human Rights Book PDF

Author : Dimitris Xenos
Publisher : Taylor & Francis
Page : 266 pages
File Size : 48,7 Mb
Release : 2012-04-27
Category : Law
ISBN : 9781136664441

Get Book

The Positive Obligations of the State under the European Convention of Human Rights by Dimitris Xenos Pdf

The system of the European Convention of Human Rights imposes positive obligations on the state to guarantee human rights in circumstances where state agents dot not directly interfere. In addition to the traditional/liberal negative obligation of non-interference, the state must actively protect the human rights of individuals residing within its jurisdiction. The liability of the state in terms of positive obligations induces a freestanding imperative of human rights that changes fundamentally the perception of the role of the state and the participatory ability of the individual, who can now assert their human rights in all circumstances in which they are relevant. In that regard, positive obligations herald the most advanced review of the state’s business ever attempted in international law. The book undertakes a comprehensive study of positive obligations: from establishing the legitimacy of positive obligations within the system of the Convention to their practical implementation at the national level. Analysing in depth legal principles that pervade the whole system of the Convention, a coherent methodological framework of critical stages and parameters is provided to determine the content of positive obligations in a consistent, predictable and realistic manner. This study of the Convention explains and critically analyses the state’s positive obligations, as imposed by the European Court of Human Rights, and sets out original proposals for their future development. The book will be of interest to those who study, research or practice public law, civil rights and liberties or international/European human rights law.

The Development of Positive Obligations Under the European Convention on Human Rights by the European Court of Human Rights

Alastair R. Mowbray
The Development of Positive Obligations Under the European Convention on Human Rights by the European Court of Human Rights Book PDF

Author : Alastair R. Mowbray
Publisher : Unknown
Page : 239 pages
File Size : 49,6 Mb
Release : 2004
Category : Human rights
ISBN : 1472562925

Get Book

The Development of Positive Obligations Under the European Convention on Human Rights by the European Court of Human Rights by Alastair R. Mowbray Pdf

During the last thirty years the European Court of Human Rights has been developing, at an expanding pace, positive obligations under the European Convention. This monograph seeks to provide a critical analysis of the burgeoning case law concerning positive obligations, a topic which is relatively uncharted in the existing literature. Positive obligations require many different forms of action by member states, ranging from effectively investigating killings through to protecting peaceful demonstrators from violent attacks by their opponents. The contemporary significance of these obligations is graphically illustrated by the fact that it is the obligation upon states to provide fair trials to determine civil and criminal proceedings within a reasonable time that is the source of the overwhelming majority of complaints to the European Court in recent years. The study examines the legal bases and content of key positive obligations. Conclusions are then drawn concerning the reasons for the development of these obligations and areas of potential expansion are identified.

Human Rights in a Positive State

Laurens Lavrysen
Human Rights in a Positive State Book PDF

Author : Laurens Lavrysen
Publisher : Unknown
Page : 428 pages
File Size : 49,8 Mb
Release : 2014
Category : Convention for the Protection of Human Rights and Fundamental Freedoms
ISBN : 1780685319

Get Book

Human Rights in a Positive State by Laurens Lavrysen Pdf

Human Rights in a Positive State

Laurens Lavrysen
Human Rights in a Positive State Book PDF

Author : Laurens Lavrysen
Publisher : Unknown
Page : 428 pages
File Size : 41,6 Mb
Release : 2016
Category : Convention for the Protection of Human Rights and Fundamental Freedoms
ISBN : 1780684258

Get Book

Human Rights in a Positive State by Laurens Lavrysen Pdf

Adaptation of the author's Ph.D. thesis--Ghent University, 2016.

Protecting the right to freedom of expression under the European Convention on Human Rights

Bychawska-Siniarska, Dominika
Protecting the right to freedom of expression under the European Convention on Human Rights Book PDF

Author : Bychawska-Siniarska, Dominika
Publisher : Council of Europe
Page : 124 pages
File Size : 51,5 Mb
Release : 2017-08-04
Category : Political Science
ISBN : 8210379456XXX

Get Book

Protecting the right to freedom of expression under the European Convention on Human Rights by Bychawska-Siniarska, Dominika Pdf

European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.

Human Trafficking and Slavery Reconsidered

Vladislava Stoyanova
Human Trafficking and Slavery Reconsidered Book PDF

Author : Vladislava Stoyanova
Publisher : Cambridge University Press
Page : 513 pages
File Size : 45,9 Mb
Release : 2017-03-16
Category : Law
ISBN : 9781107162280

Get Book

Human Trafficking and Slavery Reconsidered by Vladislava Stoyanova Pdf

An original analysis of the definition and scope of the right not to be held in slavery, servitude and forced labour.

The Limits of Fundamental Rights Protection by the EU

Malu Beijer
The Limits of Fundamental Rights Protection by the EU Book PDF

Author : Malu Beijer
Publisher : Unknown
Page : 340 pages
File Size : 46,5 Mb
Release : 2017
Category : Human rights
ISBN : 178068472X

Get Book

The Limits of Fundamental Rights Protection by the EU by Malu Beijer Pdf

The concept of positive obligations is familiar to various legal systems which seek to protect fundamental rights. This concept means that states are required to take active measures to protect fundamental rights, such as, for example, adopting a general legal framework to regulate same-sex relationships in order to ensure protection of the right to private life. In Europe, positive obligations have, in particular, been developed in the case-law of the European Court of Human Rights (ECtHR) from the 1970s onwards. The ECtHR has explained that positive obligations are necessary to ensure that fundamental rights are of practical value and effective for everyone. The ECtHR is not the only supranational court in Europe that protects fundamental rights. The Court of Justice of the European Union (ECJ) also protects fundamental rights within the scope of EU law. So far, no concept of positive obligations has been developed by this Court, and the question has been asked whether such a development can indeed occur under EU law. After all, the EU is a rather special international organisation which has specific, mainly economic, interests to protect. It is also unclear whether the EU has competence to undertake regulatory action to actively protect fundamental rights Based on the insights obtained from the development of positive obligations by the ECtHR, this volume analyses whether and how positive obligations could be incorporated into EU law. The relevant provisions laid down in the EU Treaties and the EU Charter, the case-law of the ECJ and the specificities of the EU system are studied to find out where there is scope for recognition of the concept of positive obligations under EU law, and what limitations would apply to this

Positive Obligations under the European Convention on Human Rights

Vladislava Stoyanova
Positive Obligations under the European Convention on Human Rights Book PDF

Author : Vladislava Stoyanova
Publisher : Oxford University Press
Page : 353 pages
File Size : 49,9 Mb
Release : 2023-08-15
Category : Law
ISBN : 9780192888167

Get Book

Positive Obligations under the European Convention on Human Rights by Vladislava Stoyanova Pdf

It is beyond question that States have positive obligations under the European Convention on Human Rights (ECHR) to prevent and address harm and risks of harm. However, given the difficulties of determining and delimiting the role of the State, the conditions under which positive obligations may apply can be unclear. The search for balance between intrusion and restraint by the State—between protection and freedom from interference—further complicates the question of state responsibility for breach of positive obligations. Vladislava Stoyanova directly addresses these challenges in Positive Obligations under the European Convention on Human Rights. By systematising the case law of the European Court of Human Rights, the book provides key insights into the elements crucial for ascertaining state responsibility for omissions - state knowledge, causation, and reasonableness. It outlines different kinds of positive human rights obligations and identifies the circumstances under which they can be breached. Stoyanova reflects upon what is at stake for political communities when the triggering, content, and scope of positive obligations has been determined. She offers serious evaluation of the dangers of ECHR obligations whose scope might be too expansive or intrusive, as well as the conceptual hurdles of applying positive human rights obligations extraterritorially. The definitive resource on ECHR positive obligations, this book is essential reading for academics, legal practitioners, and policymakers working across the diverse fields in which positive human rights obligations may apply. This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations.

The Limits of Fundamental Rights Protection by the EU

Malu Beijer
The Limits of Fundamental Rights Protection by the EU Book PDF

Author : Malu Beijer
Publisher : Unknown
Page : 0 pages
File Size : 44,9 Mb
Release : 2017
Category : Human rights
ISBN : 178068455X

Get Book

The Limits of Fundamental Rights Protection by the EU by Malu Beijer Pdf

Using insights gained from the development of positive obligations by the European Court of Human Rights, this volume analyses the possibility of incorporating positive obligations into EU law.

Coercive Human Rights

Laurens Lavrysen,Natasa Mavronicola
Coercive Human Rights Book PDF

Author : Laurens Lavrysen,Natasa Mavronicola
Publisher : Bloomsbury Publishing
Page : 465 pages
File Size : 48,7 Mb
Release : 2020-11-12
Category : Law
ISBN : 9781509937882

Get Book

Coercive Human Rights by Laurens Lavrysen,Natasa Mavronicola Pdf

Traditionally, human rights have protected those facing the sharp edge of the criminal justice system. But over time human rights law has become increasingly infused with duties to mobilise criminal law towards protection and redress for violation of rights. These developments give rise to a whole host of questions concerning the precise parameters of coercive human rights, the rationale(s) that underpin them, and their effects and implications for victims, perpetrators, domestic legal systems, and for the theory and practice of human rights and criminal justice. This collection addresses these questions with a focus on the rich jurisprudence of the European Court of Human Rights (ECtHR). The collection explores four interlocking themes surrounding the issue of coercive human rights: First, the key threads in the doctrine of the ECtHR on duties to mobilise the criminal law as a means of delivering human rights protection. Secondly, the factors that contribute to a readiness to demand coercive measures, including discrimination and vulnerability, and other key justificatory reasoning shaping the development of coercive human rights. Thirdly, the most pressing challenges for the ECtHR's coercive duties doctrine, including: - how it relates to theories and rationales of criminalisation and criminal punishment; - its implications for the fundamental tenets of human rights law itself; - its relationship to transitional justice objectives; and - how (far) it coheres with the imperative of effective protection for persons in precarious or vulnerable situations. Fourthly, the (prospective) evolution of the coercive human rights doctrine and its application within national jurisdictions.

Human Rights in the Council of Europe and the European Union

Steven Greer,Janneke Gerards,Rose Slowe
Human Rights in the Council of Europe and the European Union Book PDF

Author : Steven Greer,Janneke Gerards,Rose Slowe
Publisher : Cambridge University Press
Page : 561 pages
File Size : 48,6 Mb
Release : 2018-03-29
Category : Law
ISBN : 9781107025509

Get Book

Human Rights in the Council of Europe and the European Union by Steven Greer,Janneke Gerards,Rose Slowe Pdf

Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms

Children and the European Court of Human Rights

Claire Fenton-Glynn
Children and the European Court of Human Rights Book PDF

Author : Claire Fenton-Glynn
Publisher : Oxford University Press, USA
Page : 465 pages
File Size : 43,9 Mb
Release : 2021-01-07
Category : Law
ISBN : 9780198787518

Get Book

Children and the European Court of Human Rights by Claire Fenton-Glynn Pdf

This book provides a comprehensive overview of the jurisprudence of the European Court of Human Rights as it relates to children. It includes detailed analysis of the Court's key decisions on children's rights, highlighting its achievements as well as offering informed critique of its ongoing weaknesses.