Framing Positive Obligations under the European Convention on Human Rights Law
Mediating between the Abstract and the Concrete
Bibliographic Data
| ID | 16764880 |
|---|---|
| Authors | Vladislava Stoyanova (0000-0002-6958-1822, Lund University, corresponding author) |
| Year | 2023 |
| Volume | 23 |
| Issue | 3 |
| Publication date | 2023-06-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Human Rights Law Review (JOURNAL) |
| Journal identifiers | ISSN: 1461-7781 • E-ISSN: 1744-1021 |
| Publisher | Oxford University Press (PUBLISHER • GB) |
| DOI | 10.1093/hrlr/ngad010 |
| OpenAlex | W4379058597 |
| Language | EN |
| Citations received | 3 |
| References cited | 2 |
Positive obligations under the European Convention on Human Rights can be framed with different levels of concreteness. The level chosen is essential for understanding the analytical distinction between the existence of an obligation and its breach. The level of concreteness is an important conceptual framework because it has an impact even on the possibility of making an assessment as to whether the State has breached the obligation, and on how this assessment is performed in the reasoning. Kurt v Austria is used to illustrate how positive obligations can be framed both in more abstract and concrete terms, and how the reasoning mediates between the two. The more it tilts towards a concrete formulation of the obligation, the more the Court appears to assume the role of a rule-maker, which is in tension with the principle that States have discretion as to the concrete measures to fulfill their positive obligations
Concreteness · Convention · Discretion · Framing (construction) · Human rights · Law and economics · Obligation · Political science · Sociology · Engineering · European and International Law Studies · European Criminal Justice and Data Protection · Law · Ombudsman and Human Rights · Psychology
| Unique citing works | 3 |
|---|---|
| Citations per year | 3 |
| Citation span | 2025 - 2025 (1) |
| Citation velocity | recent |
| Highly cited | No |
| Citation types | Neutral: 3 |