TYPES AND SPECIAL NATURE OF THE STATE HUMAN RIGHTS OBLIGATIONS
Journal Title: Jurnalul juridic naţional: teorie şi practică - Year 2018, Vol 2, Issue 4
Abstract
The article is devoted to special nature of the state human rights obligations and the levels and types of such obligations according to different typologies (categorizations) that have been developed by doctrine, as well as within the framework of universal (UN) and European human rights mechanisms. It argues that the state obligations to respect, protect and fulfil human rights corelate with actual meaning of negative and positive obligations dichotomy, the obligation of conduct and of result, and the due diligence obligation related to prevention, protection, punishment and compensation in cases of human rights violations committed by non-state actors. Based on the European Court of Human Rights case-law, it’s shown that development of typology of the state human rights obligations, on one hand, reveals the obligation of the state to accumulate adequate resources and to take active actions to ensure respect and protection of civil and political rights (positive obligations), on the other hand – finally refutes the arguments for socio-economic rights as “program rights” and proves their “limited justiciability”. A compliance between various levels and types of human rights obligations of the state is of fundamental importance for improving the mechanism for their implementation, since they prescribe certain forms, methods and means of state actions (omissions) at the national level. This expends the doctrine of such obligations beyond the international law, and explains the need for their theoretical analysis.
Authors and Affiliations
Hanna KHRYSTOVA
Keywords
Related Articles
- EP ID EP669903
- DOI -
- Views 90
- Downloads 0
SOME PROBLEMS OF IMPROVING THE ADMINISTRATIVE AND LEGAL REGULATION OF SCIENTIFIC ACTIVITY IN THE AGRICULTURAL SPHERE OF UKRAINE
The article analyzes the peculiarities of the structure of the administrative and legal regulation of the scientific activity of the agrarian sphere and outlines the ways of improving the legal relations in this field. T...
MODERN APPROACHES TO CLASSIFICATION OF FAMILY LEGAL RELATIONSHIP
Article is devoted to the analysis of classifications of family legal relationship. Characteristics of certain types of family legal relationship reveal. Due to the updating of the legislation changes in approaches to ch...
LEGAL REGULATION OF PREVENTION OF THE UKRAINIAN PROSECUTORY BODIES FOR CRIMES RELATING TO UNLAWFUL USE OF BUDGET FUNDS
The article analyzes the main points of scientists and regulations on legal regulation of preventing the prosecutors’ offices of Ukraine from crimes connected with the illegal use of budgetary funds. Their positive and p...
NATIONAL SECURITY CONCEPT: THEORETICAL AND LEGAL ASPECTS
The article is devoted to the doctrinal approaches to the understanding the concept of “national security”. The existing concepts and definitions of category national security are analyzed. Other categories that are the...
GENESIS AND FEATURES OF THE UKRAINIAN LEGAL INHERITANCE
History of becoming and development of legal inheritance of the Ukrainian people is analysed in this article. Adopted basic causes that influenced on her gradual increase and enriching. The main personal touches over of...