The development of positive obligations under the European Convention on Human Rights by the European Court of Human Rights
著者
書誌事項
The development of positive obligations under the European Convention on Human Rights by the European Court of Human Rights
（Human rights law in perspective / general editor, Colin Harvey, v. 2）
Hart, 2004
- タイトル別名
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The development of positive obligations under the ECHR by the Eur Ct of HR
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注記
Includes bibliographical references and index
内容説明・目次
内容説明
During the last thirty years the European Court of Human Rights has been developing,at an expanding pace, positive obligations under the European Convention. This monograph seeks to provide a critical analysis of the burgeoning case law concerning positive obligations, a topic which is relatively uncharted in the existing literature. Positive obligations require many different forms of action by member states, ranging from effectively investigating killings through to protecting peaceful demonstrators from violent attacks by their opponents. The contemporary significance of these obligations is graphically illustrated by the fact that it is the obligation upon states to provide fair trials to determine civil and criminal proceedings within a reasonable time that is the source of the overwhelming majority of complaints to the European Court in recent years. The study examines the legal bases and content of key positive obligations. Conclusions are then drawn concerning the reasons for the development of these obligations and areas of potential expansion are identified.
目次
1. Introduction
2. Article 2: Right to life
3. Article 3: Prohibition of torture
4. Article 5: Right to liberty and security
5. Article 6: Right to a fair trial
6. Article 8: Right to respect for private and family life
7. Articles 9, 10, 11 and 14
8. Article 13: Right to an effective remedy
9. Conclusions
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