Human Rights in a Positive State

Rethinking the Relationship between Positive and Negative Obligations under the European Convention on Human Rights

By Laurens Lavrysen

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 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. This book will prove to be highly valuable for any practitioner or academic interested in the law of the European Convention on Human Rights. This book is based on the author's PhD research concerning the notion of positive obligations under the European Convention on Human Rights. Dissertation. [Subject: Human Rights Law]

Publication Date: 9/16/2016
Format: Paper
ISBN: 9781780684253

Temporarily out of stock