THE CREATION AND DEVELOPMENT OF POSITIVE OBLIGATIONS OF STSTES SIGNATORIES OF THE EUROPEAN CONVENTION FOR PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS
THE CREATION AND DEVELOPMENT OF POSITIVE OBLIGATIONS OF STSTES SIGNATORIES OF THE EUROPEAN CONVENTION FOR PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS
Author(s): Darija Martinov, Petar TeofilovićSubject(s): Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law
Published by: Fakultet za pravne i poslovne studije dr Latar Vrkatić
Keywords: positive obligations; European Court of Human Rights; European Convention on Human Rights; Convention interpretation; living instrument doctrine; practicality and effectiveness doctrine
Summary/Abstract: This paper deals with the creation and development of positive obligations of contracting states of the European Convention for the Protection of Human Rights and Fundamental Freedoms. At the beginning we explain the division of obligations from ECHR into positive and negative. Then we presented the reasons, methodology and legitimacy of the development of positive obligations under ECHR. We analysed their content and scope. Special emphasis has been placed on maintaining fair balance of interests, as well as on the relation between positive and negative obligations in the practice of the European Court of Human Rights. In conclusion we highlight innovation, usefulness, and importance of positive obligations under ECHR for the increased standard of human rights protection on a global level.
Journal: Civitas
- Issue Year: 12/2022
- Issue No: 02
- Page Range: 419-442
- Page Count: 24
- Language: English