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Journal articles on the topic 'Positive Obligations of a State'

Author: Grafiati

Published: 4 June 2021

Last updated: 25 April 2022

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1

Kovalchuk, Vitaliy B., Iryna M. Zharovska, Bohdan I. Gutiv, Bogdana B. Melnychenko, and Iryna O. Panchuk. "Human rights and positive obligations of the state." Journal of the National Academy of Legal Sciences of Ukraine 28, no. 3 (2021): 27–35. http://dx.doi.org/10.37635/jnalsu.28(3).2021.27-35.

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At present, both the international and the regional levels of human rights protection lack an express definition of the positive obligation of states to protect human rights. Similarly, the doctrine lacks a unified opinion regarding this concept. For quite a long time, human rights were considered as such that give rise to so-called negative obligations of states to refrain from human rights violations. However, with the development of international human rights law, it is increasingly recognised that human rights also give rise to positive obligations of the state to take active measures to e

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Kovalchuk, Vitaliy B., Iryna M. Zharovska, Bohdan I. Gutiv, Bogdana B. Melnychenko, and Iryna O. Panchuk. "Human rights and positive obligations of the state." Journal of the National Academy of Legal Sciences of Ukraine 28, no. 3 (2021): 27–35. http://dx.doi.org/10.37635/jnalsu.28(3).2021.27-35.

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At present, both the international and the regional levels of human rights protection lack an express definition of the positive obligation of states to protect human rights. Similarly, the doctrine lacks a unified opinion regarding this concept. For quite a long time, human rights were considered as such that give rise to so-called negative obligations of states to refrain from human rights violations. However, with the development of international human rights law, it is increasingly recognised that human rights also give rise to positive obligations of the state to take active measures to e

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MacKlem, Patrick. "Aboriginal Rights and State Obligations." Alberta Law Review 36, no. 1 (1997): 97. http://dx.doi.org/10.29173/alr1020.

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This article investigates the nature and scope of Canada's constitutional obligations towards Aboriginal people. Specifically, the author explores the question of whether or not constitutional recognition of Aboriginal rights imposes a positive constitutional obligation on governments in Canada to provide economic or social benefits to Aboriginal people. He examines approaches which would either confirm or deny the existence of such an obligation and argues for a middle ground between these extremes which would require governments to provide some benefits in certain circumstances. Whether or n

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Marshall, Jill. "Positive Obligations and Gender-based Violence: Judicial Developments." International Community Law Review 10, no. 2 (2008): 143–69. http://dx.doi.org/10.1163/187197308x311281.

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AbstractInternational human rights protection traditionally protects individuals from human rights violations committed by their own states. This has been criticised by many, and feminists in particular, as failing those who are violated in the 'private sphere', by actions perpetrated by non-state actors not the state itself. Yet protection from the actions of non-state actors is now increasingly falling within the ambit of international human rights law through positive obligations on states, particularly seen in the concept of due diligence. Developments in this area are analysed in this art

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Palmer, Stephanie. "A WRONG TURNING: ARTICLE 3 ECHR AND PROPORTIONALITY." Cambridge Law Journal 65, no. 2 (2006): 438–52. http://dx.doi.org/10.1017/s0008197306007185.

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THE right not to be subjected to torture or to inhuman or degrading treatment or punishment is guaranteed in absolute terms in Article 3 of the ECHR. This article imposes on a State both a negative and a positive obligation. In recent months, the House of Lords has considered cases raising both obligations pursuant to Article 3. This paper will examine first the nature of Article 3 and these obligations, second the jurisprudence of the European Court of Human Rights on the issue of State responsibility, and finally the recent decisions of the House of Lords in R. (on the application of Adam, L

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Stoyanova, Vladislava. "Fault, knowledge and risk within the framework of positive obligations under the European Convention on Human Rights." Leiden Journal of International Law 33, no. 3 (2020): 601–20. http://dx.doi.org/10.1017/s0922156520000163.

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AbstractThe European Court of Human Rights has consistently reiterated that positive obligations under the European Convention on Human Rights arise when state authorities know or ought to have known about the risk of harm. This article attempts to describe and assess the role of state knowledge in the framework of positive obligations, and to situate the Court’s approach to knowledge about risk within an intelligible framework of analysis. The main argument is that the assessment of state knowledge is imbued with normative considerations. The assessment of whether the state ‘ought to have kno

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RYBERG, JESPER. "Retributivism and Resources." Utilitas 25, no. 1 (2013): 66–79. http://dx.doi.org/10.1017/s0953820812000271.

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A traditional overall distinction between the various versions of retributive theories of punishment is that between positive and negative retributivism. This article addresses the question of what positive retributivism – and thus the obligation to punish perpetrators – implies for a society in which the state has many other types of obligation (e.g. obligations to provide its citizens with some degree of health care, education, protection, etc.). Several approaches to this question are considered. It is argued that the resource priority question constitutes a genuine and widely ignored chall

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Henrard, Kristin. "Positive State Obligations Regarding Fundamental Rights and ‘Changing the Hearts and Minds’." Erasmus Law Review 13, no. 3 (2020): 1–4. http://dx.doi.org/10.5553/elr.000167.

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Florczak-Wątor, Monika. "The Role of the European Court of Human Rights in Promoting Horizontal Positive Obligations of the State." International and Comparative Law Review 17, no. 2 (2017): 39–53. http://dx.doi.org/10.2478/iclr-2018-0014.

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Summary Over the last forty years the concept of the horizontal positive obligations of the State Parties to the European Convention on Human Rights has been developing in a number of cases of the European Court of Human Rights. This concept extends the protection of Convention rights and freedoms to horizontal relations, that is, to the relations between two private parties. However, the Convention on Human Rights can be violated only by the State; the violation by private parties is not possible, as private parties are not parties to the Conventions. Therefore, the only way to challenge a vi

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van Kempen, Piet Hein, and Masha Fedorova. "Regulated Legalization of Cannabis through Positive Human Rights Obligations and Inter se Treaty Modification." International Community Law Review 20, no. 5 (2018): 493–526. http://dx.doi.org/10.1163/18719732-12341386.

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Abstract Although the UN narcotic drugs conventions do not allow states parties to legalize cannabis cultivation and trade for recreational use, there are possibilities for states to do so anyhow while staying within the boundaries of international public law. A first option concerns positive human rights obligations, i.e. obligations that require states to take measures in order to offer the best protection of human rights. If a state convincingly argues that with cannabis regulation positive human rights obligations to protect society can be more effectively achieved than under a prohibitive

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Chong, Agnes. "State Responsibility for Climate Change Damage and the Evolving Regime of Human Rights." German Yearbook of International Law 63, no. 1 (2022): 481–509. http://dx.doi.org/10.3790/gyil.63.1.481.

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Individual States are required to reduce their emissions in order to meet the collective goal of keeping global warming to an increase of no more 2 °C but ideally strive to limit temperature rises to 1.5 °C. States have expressed ambitions for reducing greenhouse gas emissions although largely have yet to translate them into policies. Inadequate climate mitigation policies may fall foul of the obligation to reduce GHG emissions, which is a due diligence obligation. Making any successful determination would depend on the status of the jurisprudence on the formation of a customary obligation on

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Drenovak-Ivanović, Mirjana. "Rights of individuals and obligations of the state in protecting air quality." Zbornik radova Pravnog fakulteta Nis 59, no. 89 (2020): 35–50. http://dx.doi.org/10.5937/zrpfn0-28616.

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The paper analyses the status of international agreements in the field of air protection, aiming to interpret the discord between the adopted legal standards and their application. Having in mind the harmonisation process of Serbian law with the EU law, the author further analyzes the obligations of Member States arising from Directive 2008/50/EC on Ambient Air Quality and Cleaner Air for Europe, the developed practice of the CJEU which embodies elements determining the rights of individuals to initiate a procedure for protecting the right to a healthy environment if states do not adopt an air

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de Jong, Dennis. "The Legal Obligations of State and Non-State Actors in Respect of the Protection of Freedom of Thought, Conscience and Religion or Belief." Religion & Human Rights 3, no. 1 (2008): 1–13. http://dx.doi.org/10.1163/187103108x286537.

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AbstractIn this article, the author examines the consequences of the recent recognition of the idea that not only States but also non-State actors can violate human rights. While this development can help in defining the positive obligations of States concerning the protection of freedom of religion or belief, it can also undermine its protection. In particular, the author warns against implications for State interference with what used to be the internal affairs of religious communities. Whereas positive State obligations concerning the acts of non-State actors can be relatively easily establ

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Wedeł-Domaradzka, Agnieszka. "Postmortal Issues of Smolensk Tragedy Against the Obligations of Art. 2 of European Convention on Human Rights." Law and Administration in Post-Soviet Europe 7, no. 1 (2020): 1–10. http://dx.doi.org/10.2478/lape-2020-0001.

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AbstractThe main aim of the study is to analyze posthumous problems that concern the victims of the Smolensk disaster in the context of positive obligations of the state. The first element of the analysis will concern the standards of dealing with the bodies of disaster victims as soon as they occur. The second aspect will include the obligation to notify of death along with other obligations and information on victims. Then, issues related to the transport of corpses and the opening of coffins will be described, and finally the regulations regarding uninterrupted burial. The analysis of the a

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Ngwena, Charles G. "Taking Women's Rights Seriously: Using Human Rights to Require State Implementation of Domestic Abortion Laws in African Countries with Reference to Uganda." Journal of African Law 60, no. 1 (2015): 110–40. http://dx.doi.org/10.1017/s002185531500025x.

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AbstractThis article is constructed around the premise that women's rights to safe abortion give rise to obligations that the state has a positive duty to implement. Using Uganda as a case study, it frames failure by a state to implement its abortion laws in ways that render the rights tangible and accessible to women as a violation of human rights. The article develops a normative human rights framework for imposing on a state the obligation to take positive steps to implement abortion laws that the state, itself, has adopted. The framework does not depend on requiring the state first to refo

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Grans, Lisa. "A Right Not to Be Left Alone – Utilising the Right to Private Life to Prevent Honour-related Violence." Nordic Journal of International Law 85, no. 3 (2016): 169–200. http://dx.doi.org/10.1163/15718107-08503002.

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Honour-related violence is increasingly recognised as a human rights problem in a number of countries. However, the scope of State obligations to prevent such acts remains largely unexplored, with the exception of so-called honour killings. This article analyses other forms of honour-related violence from the perspective of the right to private life. It argues that a positive obligation to prevent honour-related violence arises under this right. The extent of the obligation is exemplified by demonstrating to which honour-related acts the right to private life is applicable and which measures a

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Varju, Marton. "Conflict and Complementarity: EU Obligations, Member State Interests and Services of General Interest." European Public Law 23, Issue 2 (2017): 347–64. http://dx.doi.org/10.54648/euro2017021.

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This article examines, through the example of the EU’s law and policy on Services on General Interest, the claim that the relationship between Union obligations and Member State interests can be conceived not only in terms of conflict, but also in terms of complementarity. It argues that even though the main purpose of EU law is to confine Member State conduct pursuing local interests needs, the same legal framework also recognizes the interconnectedness of Member State obligations and interests in the Union, which in certain policy areas, where the EU action is delimited by constitutional pri

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Güler, Tuğba Sarıkaya. "‘Positive Obligations’ Doctrine of the European Court of Human Rights: Is it Cogent or Obscure?" European Journal of Multidisciplinary Studies 6, no. 1 (2017): 358. http://dx.doi.org/10.26417/ejms.v6i1.p358-364.

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Over the last half century, positive obligations jurisprudence of the European Court of Human Rights (ECtHR) has been playing a pivotal role in sculpting European Human Rights system. There is, however, some potential for disagreement on whether it is an effective and well-established doctrine or not. On the one hand, the activeness of the ECtHR brings about some practical benefits in order to keep out with new societal context, but on the other, unique tensions (e.g., underestimation of state’s margin of discretion, increasing burden on state, inconsistencies and uncertainties of verdicts) in

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Серьогін, В. "A Review of Monograph by G. Khrystova «Positive Human Rights Obligations of the State: Current Challenges»." Philosophy of Law and General Theory of Law, no. 2 (December 30, 2020): 249–53. http://dx.doi.org/10.21564/2227-7153.2019.2.204800.

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Mullally, Siobhán. "DOMESTIC VIOLENCE ASYLUM CLAIMS AND RECENT DEVELOPMENTS IN INTERNATIONAL HUMAN RIGHTS LAW: A PROGRESS NARRATIVE?" International and Comparative Law Quarterly 60, no. 2 (2011): 459–84. http://dx.doi.org/10.1017/s0020589311000042.

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Recent years have witnessed significant developments in international human rights law relating to domestic violence. No longer viewed as a matter ‘essentially within the domestic jurisdiction of the State’, domestic violence now frequently commands the attention of international human rights bodies. The obligations imposed on States include positive obligations of due diligence to prevent, investigate and to punish domestic violence, whenever and wherever it occurs.1 Judicial dialogue across the borders of human rights and refugee law has also expanded access to asylum for women fleeing domes

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Morawska, Elzbieta Hanna. "The complex structure of the absolute prohibition of torture: comments in the light of the regulation of article 3 of the European Convention on human rights." Espaço Jurídico Journal of Law [EJJL] 17, no. 3 (2016): 767–78. http://dx.doi.org/10.18593/ejjl.v17i3.12769.

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Abstract: The complexity indicated in the title of this paper does not refer purely to the internal structure of the prohibition of torture, but also to the obligations of States party to the ECHR that are tied to this prohibition. This is because it is not restricted to negative obligations understood as a duty on the part of the State to abstain from certain interferences by the public authorities and which was the fundamental purpose of the ECHR and as such was entered explicit into the normative structure of the freedoms and rights defined in the ECHR , but embraces – firstly – positive ob

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Garciandia, Rosana. "State responsibility and positive obligations in the European Court of Human Rights: The contribution of the ICJ in advancing towards more judicial integration." Leiden Journal of International Law 33, no. 1 (2019): 177–87. http://dx.doi.org/10.1017/s0922156519000591.

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AbstractThe European Court of Human Rights (ECtHR) follows its own rules regarding the responsibility of states, although the international law of state responsibility enshrined in the International Law Commission (ILC) Articles on State Responsibility for Internationally Wrongful Acts (ARSIWA) remains, as general international law, relevant to its decisions. However, case law of the ECtHR shows that the Court is departing from certain ARSIWA principles as it adopts a broad interpretation of rights contained in the European Convention on Human Rights (ECHR) giving rise to positive obligations.

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Ondrejek, Pavel. "Can positive obligations of States serve as a remedy for human rights violations committed by juristic persons?" Espaço Jurídico Journal of Law [EJJL] 19, no. 1 (2018): 45–60. http://dx.doi.org/10.18593/ejjl.v19i1.16511.

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Abstract: Positive obligations of States to protect and implement human rights are considered a part of various effects of human rights in legislations. In this article, it is argued that a crucial problem arises from the inconsistent practice of addressing violations of human rights committed by juristic persons together with a lack of underlying general theory of liability for human rights violations committed by private entities. Without a major change in the legal doctrine and case-law, we will need to remain focused on the role of the State as a guarantor of human rights, rather than on t

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Černic, Jernej Letnar. "Corporate Human Rights Obligations under Socio-economic Rights." Philosophy of law and general theory of law, no. 1 (December 21, 2021): 64–102. http://dx.doi.org/10.21564/2707-7039.1.247453.

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In the chapter it is examined obligations of business in the field of socio-economic rightsThe author proceeds from the understanding of the importance of socio-economic rights to ensurethe livelihood of people and the creation of human opportunities, as well as their fundamental naturein terms of enjoying civil and political rights. The author is convinced that not only states, but alsocorporations, have certain obligations in the field of socio-economic rights. Because socioeconomicrights are linked to financial resources, corporations can make a significant contribution to securingthem in c

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Tryfonidou, Alina. "Positive State Obligations under European Law: A Tool for Achieving Substantive Equality for Sexual Minorities in Europe." Erasmus Law Review 13, no. 3 (2020): 98–112. http://dx.doi.org/10.5553/elr.000149.

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Meijer, Sonja. "Rehabilitation as a Positive Obligation." European Journal of Crime, Criminal Law and Criminal Justice 25, no. 2 (2017): 145–62. http://dx.doi.org/10.1163/15718174-25022110.

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Although the emphasis in European penal policy now lies on the rehabilitative aim of imprisonment, the concept of rehabilitation remains vague and is being interpreted differently in different European countries. This paper looks at rehabilitation from a legal perspective and aims to clarify the current meaning and content of the principle of rehabilitation. It does this by focusing on the questions of whether and on what grounds rehabilitation can be considered a positive obligation on the part of the State and, if so, what the consequences are of recognising rehabilitation as a positive obli

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Kjeldgaard-Pedersen, Astrid. "A Ghost in the Ivory Tower: Positivism and International Legal Regulation of Armed Opposition Groups." Journal of International Humanitarian Legal Studies 7, no. 1 (2016): 32–62. http://dx.doi.org/10.1163/18781527-00701004.

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Why do scholars, who generally acknowledge the international legal personality of non-State entities, still question the bindingness of the law of non-international armed conflict on insurgents? This article examines the relationship between the two dominant positivist conceptions of international legal personality and the rights and obligations of insurgents as a matter of positive international law. First, the article illustrates that the evolution of the law of non-international armed conflict corroborates Hans Kelsen’s idea that the international legal personality of an entity, be it a Sta

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Kalshoven, Frits. "The Undertaking to Respect and Ensure Respect in All Circumstances: From Tiny Seed to Ripening Fruit." Yearbook of International Humanitarian Law 2 (December 1999): 3–61. http://dx.doi.org/10.1017/s1389135900000362.

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The four Geneva Conventions of 1949 for the protection of war victims open with an unusual provision: it is the undertaking of the contracting states ‘to respect and to ensure respect for [the Conventions] in all circumstances’. Why reaffirm that contracting states are bound to ‘respect’ their treaty obligations? Does ‘all circumstances’ add anything special to this fundamental rule of the law of treaties? And what about ‘ensure respect’: should that not be regarded as implicit in ‘respect’, in the sense of a positive counterpart to the negative duty not to violate the terms of the Conventions

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Sushkov, Sergey. "Georgia v. Russia (II) and “a context of chaos”: active hostilities and jurisdiction of the state under the European Convention on Human Rights." Meždunarodnoe pravosudie 11, no. 2 (2021): 40–53. http://dx.doi.org/10.21128/2226-2059-2021-2-40-53.

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In Georgia v. Russia (II), the European Court of Human Rights used the concept of a “context of chaos” to substantiate the lack of state jurisdiction during the active phase of hostilities. This concept is applicable in the establishment of extraterritorial jurisdiction based both on effective control over an area and on the state agent authority and control over individuals. The Court also developed its position on the importance of the “element of proximity” in establishing jurisdiction over the victims of shelling. At the same time, the ECtHR left open the question of the relationship betwe

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Savage-Oyekunle, Oluremi A. "Appraisal of Nigeria’s Obligation on Adolescents’ Access to Sexual and Reproductive Health Care." European Scientific Journal, ESJ 14, no. 6 (2018): 466. http://dx.doi.org/10.19044/esj.2018.v14n6p466.

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The positive obligations on states parties to ensure covenant rights will only be fully discharged if individuals are protected by the state, not just against violations of covenant rights by its agents, but also against acts committed by private persons or entities that would impair the enjoyment of covenant rights…. (Paragraph 8 General Comment 31 Human Rights Committee) This article explores the responsibility of the Nigerian state towards ensuring female adolescents’ access to sexual and reproductive health (SRH) care information and services especially contraceptive information and servic

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Henrard, Kristin. "Case Law of the European Court on Human Rights Concerning Ethnic, Religious and Linguistic Minorities during 2014: About Differential Margins of Appreciation and the Role of the Prohibition of Discrimination." European Yearbook of Minority Issues Online 13, no. 1 (2016): 248–82. http://dx.doi.org/10.1163/22116117_01301013.

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The Court’s case law regarding ethnic, religious and linguistic minorities during 2014 reveals that in several respects it leaves (de facto) less margin of appreciation to states, focusing on the effective protection of minorities’ fundamental rights. In other respects, the Court seemingly prefers to not take a clear stance, and rather grants states a wide margin of appreciation. Overall, the Court is adamant about state obligations to tolerate ethnic and religious minorities and to protect them against private violence. Positive state obligations to accommodate minorities and their special ne

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Urbaitė, Lina. "Judicial Activism in the Approach of the European Court of Human Rights to Positive Obligations of the State." Baltic Yearbook of International Law Online 11, no. 1 (2011): 211–38. http://dx.doi.org/10.1163/22115897-90000073.

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Hins, Wouter, and Dirk Voorhoof. "Access to State-Held Information as a Fundamental Right under the European Convention on Human Rights." European Constitutional Law Review 3, no. 1 (2007): 114–26. http://dx.doi.org/10.1017/s1574019607001149.

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Access to state-held information essential in a democratic society – Traditional reluctance of the European Court of Human Rights to apply Article 10 European Convention on Human Rights in access to information cases – Positive obligations and new perspectives: initiatives within the Council of Europe – Parallel with the Inter-American Court of Human Rights – Sdruženi Jihočeské Matky decision of the European Court: the beginning of a new era?

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Nałęcz, Andrzej. "‘A More Human Approach’. Human Rights, Obligations of the State and Network Neutrality in Europe." Yearbook of Antitrust and Regulatory Studies 12, no. 19 (2019): 29–51. http://dx.doi.org/10.7172/1689-9024.yars.2019.12.19.2.

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The article explores the concept of the positive and negative obligations of the state in securing human rights, recognized in human rights literature, and in the judgments of the European Court of Human Rights. The concept is then applied to show the importance of securing freedom of expression in regulating Internet access services and enforcing pertinent regulations in EU Member States. The author is of the opinion that economic arguments should not overshadow the need to secure the freedom of expression of the end-users of Internet access services.

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Leijten, Ingrid. "Human rights v. Insufficient climate action: The Urgenda case." Netherlands Quarterly of Human Rights 37, no. 2 (2019): 112–18. http://dx.doi.org/10.1177/0924051919844375.

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Climate change is a human rights issue, but what exactly can courts require States to do in this regard? This contribution discusses the Dutch Urgenda case, in which the Court of Appeals recently found a violation of Articles 2 (right to life) and 8 (right to respect for private and family life) of the European Convention on Human Rights and ordered the State to reduce greenhouse gas emissions by 25% by 2020. Looking at the case law of the European Court of Human Rights on environmental issues, as well as the nature of positive obligations, it appears that Urgenda involves a more abstract situ

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Slingenberg, Lieneke, and Louise Bonneau. "(In)formal Migrant Settlements and Right to Respect for a Home." European Journal of Migration and Law 19, no. 4 (2017): 335–69. http://dx.doi.org/10.1163/15718166-12340013.

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Abstract Across European cities, migrants without access to state facilities, resort to living in ‘makeshift camps’ or squats. These settlements are usually evacuated and demolished by state authorities. Instead of discussing the state’s positive obligation to provide decent housing, this article focusses solely on the state’s negative obligations under the right to respect for a home as laid down in Article 8 of the European Convention of Human Rights (echr). Drawing upon the cases of Calais and Amsterdam, this article scrutinizes domestic case law about evictions from (in)formal migrant sett

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Popovych, T. P. "THE HUMAN RIGHT TO THE PROTECTION OF PERSONAL DATA ON THE INTERNET: THEORETICAL AND LEGAL ASPECTS." Analytical and Comparative Jurisprudence, no. 2 (July 6, 2021): 51–54. http://dx.doi.org/10.24144/2788-6018.2021.02.9.

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The article is devoted to the analysis of theoretical and legal aspects of the human right to the protection of personal data on the Internet. The author believes that at the present stage the field of personal data protection on the Internet is becoming especially important, linking it with the universal importance of communication that occurs within the Internet, as well as the threat of unauthorized dissemination of information through it. The right to the protection of personal data is considered as one of the forms of realization of the human right to the respect for his private, family l

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Keller, Helen, and Reto Walther. "Evasion of the international law of state responsibility? The ECtHR’s jurisprudence on positive and preventive obligations under Article 3." International Journal of Human Rights 24, no. 7 (2019): 957–78. http://dx.doi.org/10.1080/13642987.2019.1600508.

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Stoyanova, Vladislava. "Causation between State Omission and Harm within the Framework of Positive Obligations under the European Convention on Human Rights." Human Rights Law Review 18, no. 2 (2018): 309–46. http://dx.doi.org/10.1093/hrlr/ngy004.

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Katrougalos, George S. "European ‘Social States’ and the USA." European Constitutional Law Review 4, no. 2 (2008): 225–50. http://dx.doi.org/10.1017/s1574019608002253.

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Constitutional protection of social rights – Differences between European and American legal cultures – National solidarity and market relationships – New Deal and the creation of the American Welfare State – Functions of the American State – The reflection of profound political, moral and societal choices – The concept of Sozialstaat – Positive obligations and negative freedoms – European Social Model – Social services and competition rules – The concept of solidarity and the deregulatory effect of EU law – EU citizenship – Locating of social rights in market integration

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Vorobyova, S. V., and E. Yu Kuzmenko. "Regulation of Alimony Obligations in the Russian Federation and Foreign Countries." Pravo istoriya i sovremennost, no. 3(16) (2021): 082–91. http://dx.doi.org/10.17277/pravo.2021.03.pp.082-091.

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Modern legal relations in the field of regulation of alimony obligations have become relevant. These legal relations arise on the basis of certain legal facts. This article discusses the issues of alimony obligations in the Russian Federation and a number of foreign countries. There is a certain need to analyze the family legislation of States where there is a positive experience in the regulation of alimony obligations that meets the requirements of the parties to these legal relations. Examining the international aspects of this institution, it can be noted that the mechanism for collecting

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Carmona Cuenca, Encarna. "Derechos sociales de prestación y obligaciones positivas del Estado en la jurisprudencia del Tribunal Europeo de Derechos Humanos // Social Rights of assistance and positive obligations of the State in the case-law of the European Court of Human Rights." Revista de Derecho Político 1, no. 100 (2017): 1209. http://dx.doi.org/10.5944/rdp.100.2017.20731.

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Resumen:El Convenio Europeo de Derechos Humanos no reconoce expresamente los derechos sociales de prestación (a excepción del derecho a la educación). A pesar de ello, el Tribunal de Estrasburgo ha realizado una interpretación extensiva de los derechos civiles y políticos reconocidos para incluir, de diversas formas, la protección de aquellos derechos. Una de las técnicas utilizadas ha sido la doctrina de las obligaciones positivas del Estado. Aunque el Tribunal ha aplicado esta doctrina, fundamentalmente, a los derechos civiles y políticos, podemos encontrar algunas resoluciones en las que es

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Aguettant, Felix A. "A Turn of the Tide in the Extraterritorial Application of Child Rights: On the French Approach towards ISIS’ Child Returnees." Journal of Politics and Law 14, no. 3 (2021): 51. http://dx.doi.org/10.5539/jpl.v14n3p51.

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There are hundreds of children of French jihadists detained in northeast Syrian camps, being in direct danger of irreparable damage to their physical and psychological development. France has been denying the existence of any competence in Syria that could impose international obligations regarding these children. However, in November 2020, the Committee on the Rights of the Child decided in an individual communication procedure that the French State has jurisdiction over these children, marking a significant development in the extraterritorial application of human rights that is not immune to

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Nikolic-Ristanovic, Vesna, and Mirjana Dokmanovic. "International standards and domestic violence." Temida 8, no. 2 (2005): 11–20. http://dx.doi.org/10.2298/tem0502011n.

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The majority states in the world, as well as Serbia and Montenegro, took over the obligations from international law documents with regards to prevention, protection and prosecution of domestic violence. Over the last several years, in Serbia and Montenegro, there have been some positive steps regarding more decisive reaction on domestic violence, in the first place thanks to NGOs advocacy. However, the state involvement and contribution is still symbolic in comparison with obligations that international documents require from it. Having that in mind, authors try to explain the role and signif

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CONFORTI, BENEDETTO. "REFLECTIONS ON STATE RESPONSIBILITY FOR THE BREACH OF POSITIVE OBLIGATIONS: THE CASE-LAW OF THE EUROPEAN COURT OF HUMAN RIGHTS." Italian Yearbook of International Law Online 13, no. 1 (2003): xix—10. http://dx.doi.org/10.1163/221161303x00010.

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Berkes, Antal. "Human Rights Obligations of the Territorial State in the Cyberspace of Areas Outside Its Effective Control." Israel Law Review 52, no. 2 (2019): 197–231. http://dx.doi.org/10.1017/s0021223719000050.

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The absence of control of a territorial state over part of its physical territory is closely associated with online human rights violations, on the one hand, and the state's restricted (but not necessarily absent) control over the cyberspace, on the other. Notwithstanding the lack of its effective territorial control, the territorial state continues to be entitled to exercise its sovereignty over both territory and cyberspace. The consequence of sovereignty in international human rights law is the territorial state's presumed jurisdiction over its entire national territory. The article claims

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Омелёхина, Наталья, and Natalya Omelekhina. "Financial-Legal Forms of Positive Bind." Journal of Russian Law 2, no. 9 (2014): 26–35. http://dx.doi.org/10.12737/5498.

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Considering method of financial law in the view of whole legal ways and instruments, marks the relation’s specific of forming, distribution and using of public funds, proving the key role of positive liability in financial law regulation. Taking the above-mentioned into account, the author considers that there is the existence of positive liabilities both monetary, and non-monetary character in the finance sphere. This fact enables to conclude about a backbone role of monetary positive liabilities in the financial law and about its division into two groups — monetary duties and monetary obliga

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Rivers, Julian. "The Question of Freedom of Religion or Belief and Defamation." Religion & Human Rights 2, no. 3 (2007): 113–18. http://dx.doi.org/10.1163/187103107x252364.

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AbstractThis note criticises the growing use of the term, 'defamation of religions' in human rights contexts on account of its quasi-legal character, its failure to identify the relevant positive state obligations under human rights instruments, and its tendency to eliminate disagreement about religious matters. Instead, it is suggested that the correct starting point for the engagement of human rights with religion is by way of freedom of religion or belief.

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Marshall, Pablo. "State of the Reform of Legal Capacity in Chile." International Journal of Mental Health and Capacity Law, no. 27 (December 23, 2021): 60–69. http://dx.doi.org/10.19164/ijmhcl.27.1198.

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The Chilean legal regulation of disability has advanced towards an adequate legal framework for the progressive development of state practices respectful of the rights of people with disabilities. The ratification of the CRPD (2008) has been followed by an increasing amount of legislation directed to the inclusion of people with disabilities. The most important of this new disability regulation is the Law 20422 [on equal opportunities and social inclusion of people with disability]. Chile, in this way, can be regarded as a slow but persistent student of the teachings of the CRPD. Despite these

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Allen, Neil. "First Do No Harm. Second Save Life?" International Journal of Mental Health and Capacity Law, no. 19 (September 8, 2014): 180. http://dx.doi.org/10.19164/ijmhcl.v0i19.258.

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<p>Some 50,352 people killed themselves in England and Wales between 1997 and 2006. Reducing this human toll of inner turmoil has long been a key national priority for health services. But protecting us from ourselves is no easy task when the apparent benefits of escaping life outweigh the agony of having to endure it. Often it is too late for someone’s suicidal ideation to come to the attention of the authorities. Sometimes, however, the risk to life is more readily apparent: on average, 1300 patients already known to mental health services commit suicide every year.</p><p>T

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