The Positive Obligations Of The State Under The European Convention Of Human Rights

Author : Dimitris Xenos
Publisher : Taylor & Francis
Page : 266 pages
File Size : 54,7 Mb
Release : 2012-04-27
Category : Law
ISBN : 9781136664441

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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.

Author : Laurens Lavrysen
Publisher : Unknown
Page : 428 pages
File Size : 43,9 Mb
Release : 2016
Category : Convention for the Protection of Human Rights and Fundamental Freedoms
ISBN : 1780684258

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Human Rights in a Positive State by Laurens Lavrysen Pdf

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

Author : Bychawska-Siniarska, Dominika
Publisher : Council of Europe
Page : 124 pages
File Size : 46,7 Mb
Release : 2017-08-04
Category : Political Science
ISBN : 8210379456XXX

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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.

Author : Laurens Lavrysen
Publisher : Unknown
Page : 428 pages
File Size : 50,8 Mb
Release : 2014
Category : Convention for the Protection of Human Rights and Fundamental Freedoms
ISBN : 1780685319

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Human Rights in a Positive State by Laurens Lavrysen Pdf

Author : Alastair Mowbray
Publisher : Bloomsbury Publishing
Page : 256 pages
File Size : 51,7 Mb
Release : 2004-01-30
Category : Law
ISBN : 9781847311931

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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.

Author : Vladislava Stoyanova
Publisher : Oxford University Press
Page : 353 pages
File Size : 52,7 Mb
Release : 2023-09-05
Category : Political Science
ISBN : 9780192888044

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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 harm. A State can be found in breach of the ECHR when it should have protected persons from harm or risk. However, given the difficulties of determining and delimiting the role of the State, the conditions under which positive obligations may apply have been unclear. The search for balance between intrusion and restraint by the State - between protection and freedom from interference - further complicates questions of state responsibility. 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.

Author : David John Harris,Michael O'Boyle,Colin Warbrick
Publisher : Lexis Law Publishing (Va)
Page : 828 pages
File Size : 41,9 Mb
Release : 1995
Category : Law
ISBN : UOM:39015037779694

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Law of the European Convention on Human Rights by David John Harris,Michael O'Boyle,Colin Warbrick Pdf

2. The right to marry

Author : Vladislava Stoyanova
Publisher : Cambridge University Press
Page : 513 pages
File Size : 43,8 Mb
Release : 2017-03-16
Category : Law
ISBN : 9781107162280

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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.

Author : Octavian Ichim
Publisher : Cambridge University Press
Page : 411 pages
File Size : 50,6 Mb
Release : 2015
Category : Law
ISBN : 9781107072367

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Just Satisfaction under the European Convention on Human Rights by Octavian Ichim Pdf

The most comprehensive account on the question of reparation before a human rights court.

Author : Steven Greer,Janneke Gerards,Rose Slowe
Publisher : Cambridge University Press
Page : 561 pages
File Size : 41,9 Mb
Release : 2018-03-29
Category : Law
ISBN : 9781107025509

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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

Author : Eva Brems,Janneke Gerards
Publisher : Cambridge University Press
Page : 379 pages
File Size : 54,9 Mb
Release : 2014-01-23
Category : Political Science
ISBN : 9781107729698

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Shaping Rights in the ECHR by Eva Brems,Janneke Gerards Pdf

In fundamental rights adjudication, a court first has to determine whether the interest at stake falls within the scope of the fundamental right invoked. Whether or not an individual interest falls within the scope or ambit of one of the fundamental rights protected by the European Convention on Human Rights determines whether or not the European Court of Human Rights can decide on the merits of a case. This volume brings together a variety of legal scholars in order to examine the scope of fundamental rights. Topics range from the nature of human rights and the real or imagined risk of rights inflation to theories of positive obligations and social and economic rights. It contains contributions of a theoretical nature as well as analytical overviews of the ECtHR's approach. In addition, comparisons are made with domestic, EU and international law.

Author : Anne van Aaken,Iulia Motoc
Publisher : Oxford University Press
Page : 300 pages
File Size : 45,7 Mb
Release : 2018-09-20
Category : Law
ISBN : 9780192565532

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The European Convention on Human Rights and General International Law by Anne van Aaken,Iulia Motoc Pdf

The European Court of Human Rights is one of the main players in interpreting international human rights law where issues of general international law arise. While developing its own jurisprudence for the protection of human rights in the European context, it remains embedded in the developments of general international law. However, because the Court does not always follow general international law closely and develops its own doctrines, which are, in turn, influential for national courts as well as other international courts and tribunals, a feedback loop of influence occurs. This book explores the interaction, including the problems arising in the context of human rights, between the European Convention on Human Rights and general international law. It contributes to ongoing debates on the fragmentation and convergence of international law from the perspective of international judges as well as academics. Some of the chapters suggest reconciling methods and convergence while others stress the danger of fragmentation. The focus is on specific topics which have posed special problems, namely sources, interpretation, jurisdiction, state responsibility and immunity.

Author : William A. Schabas
Publisher : Oxford University Press
Page : 1414 pages
File Size : 47,9 Mb
Release : 2015-09-24
Category : Law
ISBN : 9780191066764

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The European Convention on Human Rights by William A. Schabas Pdf

The European Convention on Human Rights: A Commentary is the first complete article-by-article commentary on the ECHR and its Protocols in English. This book provides an entry point for every part of the Convention: the substance of the rights, the workings of the Court, and the enforcement of its judgments. A separate chapter is devoted to each distinct provision or article of the Convention as well as to Protocols 1, 4, 6, 7, 12, 13, and 16, which have not been incorporated in the Convention itself and remain applicable to present law. Each chapter contains: a short introduction placing the provision within the context of international human rights law more generally; a review of the drafting history or preparatory work of the provision; a discussion of the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and a selective bibliography on the provision. Through a thorough review of the ECHR this commentary is both exhaustive and concise. It is an accessible resource that is ideal for lawyers, students, journalists, and others with an interest in the world's most successful human rights regime.

Author : Andrew Clapham
Publisher : OUP Oxford
Page : 2518 pages
File Size : 52,7 Mb
Release : 2006-03-02
Category : Political Science
ISBN : 9780191018626

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Human Rights Obligations of Non-State Actors by Andrew Clapham Pdf

The threats to human rights posed by non-state actors are of increasing concern. Human rights activists increasingly address the activity of multinational corporations, the policies of international organizations such as the World Bank and the World Trade Organization, and international crimes committed by entities such as armed opposition groups and terrorists. This book presents an approach to human rights that goes beyond the traditional focus on states and outlines the human rights obligations of non-state actors. Furthermore, it addresses some of the ways in which these entities can be held legally accountable for their actions in various jurisdictions. The political debate concerning the appropriateness of expanding human rights scrutiny to non-state actors is discussed and dissected. For some, extending human rights into these spheres trivializes human rights and allows abusive governments to distract us from ongoing violations. For others such an extension is essential if human rights are properly to address the current concerns of women and workers. The main focus of the book, however, is on the legal obligations of non-state actors. The book discusses how developments in the fields of international responsibility and international criminal law have implications for building a framework for the human rights obligations of non-state actors in international law. In turn these international developments have drawn on the changing ways in which human rights are implemented in national law. A selection of national jurisdictions, including the United States, South Africa and the United Kingdom are examined with regard to the application of human rights law to non-state actors. The book's final part includes suggestions with regard to understanding the parameters of the human rights obligations of non-state actors. Key to understanding the legal obligations of non-state actors are concepts such as dignity and democracy. While neither concept can unravel the dilemmas involved in the application of human rights law to non-state actors, a better understanding of the tensions surrounding these concepts can help us to understand what is at stake.

Author : Mireille Delmas-Marty
Publisher : BRILL
Page : 364 pages
File Size : 46,9 Mb
Release : 2021-10-25
Category : Law
ISBN : 9789004478909

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The European Convention for the Protection of Human Rights by Mireille Delmas-Marty Pdf

The reason of State plays an important role under the European Convention for the Protection of Human Rights and Fundamental Freedoms. Not only does Article 15 authorize States to take measures derogating from their obligations under the Convention `in time of war or other public emergency, threatening the life of the nation'; most of the rights and liberties defined in the Convention are subject to escape clauses as well. This book demonstrates first that the `system' of the Convention is much more ambiguous than could have been expected. Secondly, it shows, on the basis of study carried out in most of the Member States of the Council of Europe, that a certain resistance exists to the Convention. Neither the ambiguity of the European system, nor the resistance of States to the system must be overlooked. These should not, however, conceal the dynamics of the Europe/States relationship which could well lead to a more `reasoned' conception of the reason of State. Has a `Europe of human rights' begun to develop through the complex interplay of national and European norms? This is the question raised in this fascinating book. Mireille Delmas-Marty is professor of Law at the Université de Paris 1 (Panthéon -- Sorbonne) and Director of the Section de Sciences Criminelles of the Institute of Comparative Law in Paris.