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The Resource Human rights in a positive state : rethinking the relationship between positive and negative obligations under the European Convention on Human Rights, Laurens Lavrysen

Human rights in a positive state : rethinking the relationship between positive and negative obligations under the European Convention on Human Rights, Laurens Lavrysen

Label
Human rights in a positive state : rethinking the relationship between positive and negative obligations under the European Convention on Human Rights
Title
Human rights in a positive state
Title remainder
rethinking the relationship between positive and negative obligations under the European Convention on Human Rights
Statement of responsibility
Laurens Lavrysen
Creator
Author
Subject
Language
eng
Summary
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
Cataloging source
BTCTA
http://library.link/vocab/creatorName
Lavrysen, Laurens
Index
no index present
LC call number
KJC5132
LC item number
.L38 2016
Literary form
non fiction
Nature of contents
bibliography
http://library.link/vocab/subjectName
  • European Court of Human Rights
  • European Court of Human Rights
  • Human rights
  • Obligations (Law)
  • Human rights
  • Obligations (Law)
Label
Human rights in a positive state : rethinking the relationship between positive and negative obligations under the European Convention on Human Rights, Laurens Lavrysen
Instantiates
Publication
Copyright
Note
Adaptation of the author's Ph.D. thesis--Ghent University, 2016
Bibliography note
Includes bibliographical references (pages 351-366)
Carrier category
volume
Carrier category code
  • nc
Carrier MARC source
rdacarrier
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent
Contents
  • Introduction
  • Typologies of positive obligations
  • Relevant principles and tests
  • Comparison positive vs. negative obligations
  • Deconstructing the dichotomy
  • Transforming the court's legal methodology
  • General conclusion
Control code
959801152
Dimensions
25 cm
Extent
x, 428 pages
Isbn
9781780684253
Media category
unmediated
Media MARC source
rdamedia
Media type code
  • n
System control number
(OCoLC)959801152
Label
Human rights in a positive state : rethinking the relationship between positive and negative obligations under the European Convention on Human Rights, Laurens Lavrysen
Publication
Copyright
Note
Adaptation of the author's Ph.D. thesis--Ghent University, 2016
Bibliography note
Includes bibliographical references (pages 351-366)
Carrier category
volume
Carrier category code
  • nc
Carrier MARC source
rdacarrier
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent
Contents
  • Introduction
  • Typologies of positive obligations
  • Relevant principles and tests
  • Comparison positive vs. negative obligations
  • Deconstructing the dichotomy
  • Transforming the court's legal methodology
  • General conclusion
Control code
959801152
Dimensions
25 cm
Extent
x, 428 pages
Isbn
9781780684253
Media category
unmediated
Media MARC source
rdamedia
Media type code
  • n
System control number
(OCoLC)959801152

Library Locations

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      32.771471 -117.187496
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