Does the Osman Test Go to School? Recent Developments Concerning States’ Positive Obligations to Protect Children in School
Bibliographic Data
| ID | 16764889 |
|---|---|
| Authors | Patrick Leisure (0009-0001-4932-2188, Central European Institute of Technology, corresponding author) |
| Year | 2024 |
| Volume | 25 |
| Issue | 1 |
| Publication date | 2024-12-04 |
| 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/ngae024 |
| OpenAlex | W4405231058 |
| Language | EN |
| Citations received | 1 |
In light of the recent Biba v Albania case, this article takes a closer look at states' positive obligations to protect children in school. It tracks a distinct divergence in judicial preference for how positive obligations apply in the school context and illustrates how the Strasbourg Court has inconsistently invoked and applied the Osman test in schooling cases. Recommending that the Strasbourg Court clarify in future case-law the Court's positive obligations doctrine on states to protect children in school, the article concludes with a reflection and a recommendation, based on Judge Tulkens' concurrence in Kayak v Turkey, regarding the Strasbourg Court's role in this important area
Political science · Test (biology) · Education and experiences of immigrants and refugees · Global Peace and Security Dynamics · Law · Post-Soviet Geopolitical Dynamics · Psychology
| Unique citing works | 1 |
|---|---|
| Citations per year | 1 |
| Citation span | 2025 - 2025 (1) |
| Citation velocity | recent |
| Highly cited | No |
| Citation types | Neutral: 1 |