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

(2016)
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Abstract
The rights guaranteed in the European Convention on Human Rights (ECHR) not only place negative obligations on the State to refrain from actions that interfere with human rights, but also positive ones that require the State to take action in order to ensure those rights. My dissertation provides an analytical inquiry into the application of the concept of positive obligations by the European Court of Human Rights. It is shown that the Court generally applies a less strict legal methodology when a case concerns a positive obligation than when it concerns a negative one. The central thesis of the dissertation is that the distinction between positive and negative obligations as emerging from the Court's case law is not sufficiently clear-cut to justify such differences. The dissertation proposes to remedy this shortcoming by approximating the legal methodologies applied under both modes of analysis.
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HRC

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Citation

Please use this url to cite or link to this publication:

MLA
Lavrysen, Laurens. “Human Rights in a Positive State: Rethinking the Relationship Between Positive and Negative Obligations Under the European Convention on Human Rights.” 2016 : n. pag. Print.
APA
Lavrysen, Laurens. (2016). Human rights in a positive state: rethinking the relationship between positive and negative obligations under the European Convention on Human Rights. Ghent University. Faculty of Law, Ghent, Belgium.
Chicago author-date
Lavrysen, Laurens. 2016. “Human Rights in a Positive State: Rethinking the Relationship Between Positive and Negative Obligations Under the European Convention on Human Rights”. Ghent, Belgium: Ghent University. Faculty of Law.
Chicago author-date (all authors)
Lavrysen, Laurens. 2016. “Human Rights in a Positive State: Rethinking the Relationship Between Positive and Negative Obligations Under the European Convention on Human Rights”. Ghent, Belgium: Ghent University. Faculty of Law.
Vancouver
1.
Lavrysen L. Human rights in a positive state: rethinking the relationship between positive and negative obligations under the European Convention on Human Rights. [Ghent, Belgium]: Ghent University. Faculty of Law; 2016.
IEEE
[1]
L. Lavrysen, “Human rights in a positive state: rethinking the relationship between positive and negative obligations under the European Convention on Human Rights,” Ghent University. Faculty of Law, Ghent, Belgium, 2016.
@phdthesis{7195356,
  abstract     = {The rights guaranteed in the European Convention on Human Rights (ECHR) not only place negative obligations on the State  to refrain from actions that interfere with human rights, but also positive ones that require the State to take action in order to ensure those rights. My dissertation provides an analytical inquiry into the application of the concept of positive obligations by the European Court of Human Rights. It is shown that the Court generally applies a less strict legal methodology when a case concerns a positive obligation than when it concerns a negative one. The central thesis of the dissertation is that the distinction between positive and negative obligations as emerging from the Court's case law is not sufficiently clear-cut to justify such differences. The dissertation proposes to remedy this shortcoming by approximating the legal methodologies applied under both modes of analysis.},
  author       = {Lavrysen, Laurens},
  keywords     = {HRC},
  language     = {eng},
  pages        = {414},
  publisher    = {Ghent University. Faculty of Law},
  school       = {Ghent University},
  title        = {Human rights in a positive state: rethinking the relationship between positive and negative obligations under the European Convention on Human Rights},
  year         = {2016},
}