Positive Obligations under the European Convention on Human Rights: Within and Beyond Boundaries

Summary, in English

The book identifies the key analytical issues that need to be considered in determining whether a State is responsible under the ECHR for omissions. The focal question is whether and how omissions by the State can be conceptualised into failures to fulfil positive obligations. In addition to this technical analytical question, the book also reflects upon what is at stake for the political community when the triggering, the content, and the scope of positive human rights obligations are determined. A central question is then how the search for a balance between intrusion and restraint by the State, between protection and freedom from invasion, defines this community and pulls the analysis of state responsibility for omissions in different directions.

The book is designed to become the main reference source concerning ECHR positive obligations.

• Author: Vladislava Stoyanova
• Department/s: LU Profile Area: Human rights; Public International Law; Migration Law; Human Rights Law; Department of Law
• Publishing year: 2023
• Language: English
• Links: http://dx.doi.org/10.1093/oso/9780192888044.001.0001
• Document type: Book
• Publisher: Oxford University Press
• Topic: Law
• Keywords: Positive obligations; Human rights; European Convention on Human Rights; Causation; Knowledge; Reasonableness; Conflicting rights; Extraterritorial jurisdiction; Extraterritorial obligations; Right to life; Right to be protected from torture, inhuman and degrading treatment; Right to private and family life; Mänskliga rättigheter
• Status: Published
• Project: Positive Obligations under the European Convention on Human Rights: More Predictability through Better Legal Reasoning
• Research group: Public International Law; Migration Law; Human Rights Law
• ISBN/ISSN/Other: ISBN: 9780192888044; ISBN: 9780191982156