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Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law > Citizenship & nationality law
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Human Rights in a Positive State - Rethinking the Relationship between Positive and Negative Obligations under the European Convention on Human Rights (Paperback)
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Human Rights in a Positive State - Rethinking the Relationship between Positive and Negative Obligations under the European Convention on Human Rights (Paperback)
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The European Court of Human Rights has long abandoned the view that
human rights merely impose obligations of restraint on State
authorities (so-called negative obligations). In addition, States
are under positive obligations to take steps to actively protect
and ensure the rights and freedoms guaranteed by the European
Convention on Human Rights. While the concept of positive
obligations has become increasingly important in the jurisprudence
of the European Court, it remains relatively underexplored in the
literature. This book goes beyond the existing scholarship by
analytically, critically and normatively engaging with the Court's
positive obligations case law in a comprehensive and in-depth
manner.The book begins by providing an overview of the Court's
jurisprudence in this area. Building upon this overview, it brings
to the fore the legal methodological consequences attached by the
Court to the labels of positive and negative obligations. It
moreover critically examines how the Court constructs the
distinction between positive and negative obligations, building
upon the underlying distinctions between public authorities and
private entities, on the one hand, and State action and inaction,
on the other. The central argument made in this volume is that in a
positive State, in which the authorities have affirmatively
intervened in so many areas, it has become increasingly difficult
to draw a baseline to properly distinguish between action and
inaction. Finally, the author makes suggestions for legal
methodological change. This book will prove to be highly valuable
for any practitioner or academic interested in the law of the
European Convention on Human Rights.
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