Positive Obligations of States and the Protection of Human Rights

Citation:

Borelli S. Positive Obligations of States and the Protection of Human Rights. INTERIGHTS Bulletin [Internet]. 2006;15 (4) :101-103.

Abstract:

http://www.interights.org/document/45/index.html

The recognition of a duty incumbent upon states ‘to take action’ is, at base, the common denominator of all understandings of the notion of ‘positive obligations’. In the specific context of international human rights law, the notion is one which has been frequently invoked both by treaty-monitoring bodies and in the academic literature; however, the term apparently bears differing meanings for different writers, depending on the context and the obligation under discussion. A number of different uses can accordingly be discerned, which to some extent overlap and interact. 

Publisher's Version

Last updated on 12/13/2015