Ghent University Academic Bibliography

Advanced

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

Laurens Lavrysen UGent (2016)
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.
Please use this url to cite or link to this publication:
author
promoter
UGent
organization
year
type
dissertation
publication status
published
subject
pages
414 pages
publisher
Ghent University. Faculty of Law
place of publication
Ghent, Belgium
defense location
Gent : Film-Plateau (Paddenhoek 3)
defense date
2016-04-21 18:00
language
English
UGent publication?
yes
classification
D1
copyright statement
I have retained and own the full copyright for this publication
id
7195356
handle
http://hdl.handle.net/1854/LU-7195356
date created
2016-04-25 17:33:33
date last changed
2017-01-16 10:51:00
@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},
  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},
}

Chicago
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.
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.
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.
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.