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
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