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.
General
Imprint: |
Oxford UniversityPress
|
Country of origin: |
United Kingdom |
Release date: |
September 2023 |
Authors: |
Vladislava Stoyanova
(Associate Professor in Public International Law and Wallenberg Academy Fellow, Faculty of Law)
|
Dimensions: |
234 x 156mm (L x W) |
Pages: |
384 |
ISBN-13: |
978-0-19-288804-4 |
Categories: |
Books
|
LSN: |
0-19-288804-8 |
Barcode: |
9780192888044 |
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