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Causation: Why and How for Establishing Breach of Positive Obligations under the European Convention on Human Rights?

Stoyanova, Vladislava LU (2025)
Abstract
The judgments of the European Court of Human Rights manifest a mixture of factual and legal causation, when the Court reasons whether omissions should be the basis for breach of positive obligations under the European Convention on Human Rights. However, considerations that can be generally framed as normative govern the reasoning, which implies domination of legal causation. Yet, the Court still invokes factual causation to maintain an appearance that its judgments are based on rationality. Factual causation is invoked for creating the impression that the Court does not simply invent positive obligations. The causal inquiry with its mixture of factual and normative elements is ultimately an inquiry about the existence of positive... (More)
The judgments of the European Court of Human Rights manifest a mixture of factual and legal causation, when the Court reasons whether omissions should be the basis for breach of positive obligations under the European Convention on Human Rights. However, considerations that can be generally framed as normative govern the reasoning, which implies domination of legal causation. Yet, the Court still invokes factual causation to maintain an appearance that its judgments are based on rationality. Factual causation is invoked for creating the impression that the Court does not simply invent positive obligations. The causal inquiry with its mixture of factual and normative elements is ultimately an inquiry about the existence of positive obligations, about the interpretation of their content and scope, and about the determination of breach. By invoking explicitly or implicitly causal links between harm and omissions, the Court therefore determines the existence of obligations and makes conclusions about their breaches. (Less)
Please use this url to cite or link to this publication:
author
organization
publishing date
type
Chapter in Book/Report/Conference proceeding
publication status
in press
subject
keywords
Public internationa law, Human rights, Folkrätt, Mänskliga rättigheter
host publication
From Protection to Coercion: the Limits of Positive Obligations in Human Rights Law
editor
Stoyanova, Vladislava and McGrogan, David
publisher
Hart/Bloomsbury
language
English
LU publication?
yes
id
b2adac67-1aed-4710-adb2-8c548dcff22f
date added to LUP
2025-03-28 13:12:42
date last changed
2025-06-10 11:19:27
@inbook{b2adac67-1aed-4710-adb2-8c548dcff22f,
  abstract     = {{The judgments of the European Court of Human Rights manifest a mixture of factual and legal causation, when the Court reasons whether omissions should be the basis for breach of positive obligations under the European Convention on Human Rights. However, considerations that can be generally framed as normative govern the reasoning, which implies domination of legal causation. Yet, the Court still invokes factual causation to maintain an appearance that its judgments are based on rationality. Factual causation is invoked for creating the impression that the Court does not simply invent positive obligations. The causal inquiry with its mixture of factual and normative elements is ultimately an inquiry about the existence of positive obligations, about the interpretation of their content and scope, and about the determination of breach. By invoking explicitly or implicitly causal links between harm and omissions, the Court therefore determines the existence of obligations and makes conclusions about their breaches.}},
  author       = {{Stoyanova, Vladislava}},
  booktitle    = {{From Protection to Coercion: the Limits of Positive Obligations in Human Rights Law}},
  editor       = {{Stoyanova, Vladislava and McGrogan, David}},
  keywords     = {{Public internationa law; Human rights; Folkrätt; Mänskliga rättigheter}},
  language     = {{eng}},
  publisher    = {{Hart/Bloomsbury}},
  title        = {{Causation: Why and How for Establishing Breach of Positive Obligations under the European Convention on Human Rights?}},
  url          = {{https://lup.lub.lu.se/search/files/221095140/V_Stoyanova_Chapter_Causation_Why_and_How.pdf}},
  year         = {{2025}},
}