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Book Review: The Development of Positive Obligations under the European Convention on Human Rights by the European Court of Human Rights , by Alastair Mowbray. (Oxford: Hart Publishing, 2004)

Book Review: The Development of Positive Obligations under the European Convention on Human... euroPeAN PuBlIC lAW Alastair Mowbray, The Development of Positive Obligations under the European Convention on Human Rights by the European Court of Human Rights (Oxford: Hart Publishing, 2004) 239 pp., ISBN 1841132616, £30 hb When it comes to the protection of human rights it is common to see various categories of rights being utilised. These categories correspond to the nature of the right in question, and one method of categorisation relies heavily upon what is perceived to be the type of obligation that particular right creates upon the state. Under this approach human rights are classified as either negative or positive rights. Negative rights are associated with those human rights that fall into another often used category of civil and political rights; the sort of rights that only require the state from abstaining from action that would cause a violation. Positive rights are usually associated with rights involving socio-economic issues and are understood as requiring the state to take positive measures in order to ensure the rights are satisfied. For example, the right to life is seen as a negative right in that it only requires the state to avoid killing individuals in its territory, whereas the right http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png European Public Law Kluwer Law International

Book Review: The Development of Positive Obligations under the European Convention on Human Rights by the European Court of Human Rights , by Alastair Mowbray. (Oxford: Hart Publishing, 2004)

European Public Law , Volume 12 (2) – Jun 1, 2006

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Publisher
Kluwer Law International
Copyright
Copyright © Kluwer Law International
ISSN
1354-3725
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Abstract

euroPeAN PuBlIC lAW Alastair Mowbray, The Development of Positive Obligations under the European Convention on Human Rights by the European Court of Human Rights (Oxford: Hart Publishing, 2004) 239 pp., ISBN 1841132616, £30 hb When it comes to the protection of human rights it is common to see various categories of rights being utilised. These categories correspond to the nature of the right in question, and one method of categorisation relies heavily upon what is perceived to be the type of obligation that particular right creates upon the state. Under this approach human rights are classified as either negative or positive rights. Negative rights are associated with those human rights that fall into another often used category of civil and political rights; the sort of rights that only require the state from abstaining from action that would cause a violation. Positive rights are usually associated with rights involving socio-economic issues and are understood as requiring the state to take positive measures in order to ensure the rights are satisfied. For example, the right to life is seen as a negative right in that it only requires the state to avoid killing individuals in its territory, whereas the right

Journal

European Public LawKluwer Law International

Published: Jun 1, 2006

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