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About this product
- DescriptionThe system of the European Convention of Human Rights imposes positive obligations on the state to guarantee human rights in circumstances where state agents dot t directly interfere. In addition to the traditional/liberal negative obligation of n-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 w 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.
- Author BiographyDimitris Xenos is a Lecturer at the University of East London. He also acts as a legal consultant on issues of human rights law.
- Author(s)Dimitris Xenos
- PublisherTaylor & Francis Ltd
- Date of Publication12/04/2013
- SubjectInternational Law: Professional
- Place of PublicationLondon
- Country of PublicationUnited Kingdom
- Content Noteblack & white illustrations
- Weight453 g
- Width156 mm
- Height234 mm
- Spine15 mm
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