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

Nonfiction, Reference & Language, Law, International
Cover of the book The Positive Obligations of the State under the European Convention of Human Rights by Dimitris Xenos, Taylor and Francis
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Dimitris Xenos ISBN: 9781136664434
Publisher: Taylor and Francis Publication: April 27, 2012
Imprint: Routledge Language: English
Author: Dimitris Xenos
ISBN: 9781136664434
Publisher: Taylor and Francis
Publication: April 27, 2012
Imprint: Routledge
Language: English

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.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

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.

More books from Taylor and Francis

Cover of the book Essential Health and Safety Study Skills by Dimitris Xenos
Cover of the book Media Independence by Dimitris Xenos
Cover of the book Money Talks by Dimitris Xenos
Cover of the book The Ten Most Influential Buildings in History by Dimitris Xenos
Cover of the book Governance and Governmentality for Projects by Dimitris Xenos
Cover of the book Constructing Worlds through Science Education by Dimitris Xenos
Cover of the book Citizenship by Dimitris Xenos
Cover of the book Psychoanalysis and the Time of Life by Dimitris Xenos
Cover of the book Authority in the Roman Catholic Church by Dimitris Xenos
Cover of the book Discovery Tools: The Next Generation of Library Research by Dimitris Xenos
Cover of the book The Structure of Political Competition in Western Europe by Dimitris Xenos
Cover of the book The Therapist's Notebook for Integrating Spirituality in Counseling I by Dimitris Xenos
Cover of the book Activism in Architecture by Dimitris Xenos
Cover of the book Political Transition in Cambodia 1991-99 by Dimitris Xenos
Cover of the book The Routledge Companion to Tax Avoidance Research by Dimitris Xenos
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy