Full Description
This open access book is a crucial intervention in the debate concerning positive human rights obligations.
There is nowadays no dispute in human rights doctrine over whether rights entail positive duties on the part of the state at the level of principle. But there has been surprisingly little academic commentary devoted to the question of whether there are, or should be, limits placed on how far those obligations extend. Similarly, there has been little scholarly attention paid to the question of how causation can be reasonably attributed in the context of violations of positive obligations. And there are very few sociological explanations provided as to why positive human rights obligations appear to be expanding without principled limits in the first place.
This volume assembles the work of a range of leading scholars in international human rights law to fill these gaps in the literature. Each of its 11 substantive chapters addresses an aspect of positive obligations with a particular focus on issues concerning limits. Taken together, they provide the first serious attempt to grapple critically with the subject of the limits, causality and scope of positive obligations theoretically and doctrinally. This makes the book essential reading for scholars of human rights law.
The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.
Contents
1. Searching for and Identifying the Limits of Positive Obligations and the Boundary between Protection and Coercion, Vladislava Stoyanova (Lund University, Sweden) and David McGrogan (Northumbria University, UK)
Part I: Searching for Limits
2. 'For Everyone, Everywhere': On Positive Obligations and the Impossibility of Limits, David McGrogan (Northumbria University, UK)
3. Public Protest in Jeopardy: The Limits of Positive Free Speech Rights, Eric Heinze (Queen Mary University, UK)
4. Is Climate Change Mitigation within the Scope of Positive Human Rights Obligations?, Benoit Mayer (University of Reading, UK)
5. The Limits of the Positive Obligation to Respect the Parent-Child Relationship, Tristan Cummings (Open University, UK)
Part II: Identifying Limits
6. Causation, Reasonableness and Positive Obligations, Sophie Treacy (University of Oxford, UK)
7. Causation: Why and How for Establishing Breach of Positive Obligations under the European Convention on Human Rights?, Vladislava Stoyanova (Lund University, Sweden)
8. The Standard of (Un)Reasonableness in Human Rights Positive Obligations, Ilias Plakokefalos (National and Kapodistrian University of Athens, Greece)
9. Correlativity in Human Rights Law, Johan Wibye (Norwegian Business School, Norway)
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