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Fault, Knowledge and Risk within the Framework of Positive Obligations under the European Convention on Human Rights

Stoyanova, Vladislava LU (2020) In Leiden Journal of International Law 33(3). p.601-620
Abstract
The European Court of Human Rights has consistently reiterated that positive obligations under the European Convention on Human Rights arise when state authorities knew or ought to have known about risk of harm. This article attempts to describe and assess the role of state knowledge in the framework of positive obligations, and to situate the Court’s approach to knowledge about risk within an intelligible framework of analysis. The main argument is that the assessment of state knowledge is imbued with normative considerations. The assessment of whether the State ‘ought to have known’ is intertwined with, first, concerns that positive obligations should not impose unreasonable burden on the State and, second, the establishment of causal... (More)
The European Court of Human Rights has consistently reiterated that positive obligations under the European Convention on Human Rights arise when state authorities knew or ought to have known about risk of harm. This article attempts to describe and assess the role of state knowledge in the framework of positive obligations, and to situate the Court’s approach to knowledge about risk within an intelligible framework of analysis. The main argument is that the assessment of state knowledge is imbued with normative considerations. The assessment of whether the State ‘ought to have known’ is intertwined with, first, concerns that positive obligations should not impose unreasonable burden on the State and, second, the establishment of causal links between state omissions and harm. (Less)
Please use this url to cite or link to this publication:
author
organization
publishing date
type
Contribution to journal
publication status
published
subject
keywords
Public international law, European Convention of Human Rights, State knowledge, Positive obligations, Folkrätt
in
Leiden Journal of International Law
volume
33
issue
3
pages
20 pages
publisher
CUP
external identifiers
  • scopus:85083498101
ISSN
0922-1565
DOI
10.1017/S0922156520000163
project
Positive Obligations under the European Convention on Human Rights: More Predictability through Better Legal Reasoning
language
English
LU publication?
yes
id
2a1e0d1c-a2f5-41c3-a3b9-d4d74ac0ff2c
date added to LUP
2019-06-27 03:15:34
date last changed
2022-10-13 11:55:39
@article{2a1e0d1c-a2f5-41c3-a3b9-d4d74ac0ff2c,
  abstract     = {{The European Court of Human Rights has consistently reiterated that positive obligations under the European Convention on Human Rights arise when state authorities knew or ought to have known about risk of harm. This article attempts to describe and assess the role of state knowledge in the framework of positive obligations, and to situate the Court’s approach to knowledge about risk within an intelligible framework of analysis. The main argument is that the assessment of state knowledge is imbued with normative considerations. The assessment of whether the State ‘ought to have known’ is intertwined with, first, concerns that positive obligations should not impose unreasonable burden on the State and, second, the establishment of causal links between state omissions and harm.}},
  author       = {{Stoyanova, Vladislava}},
  issn         = {{0922-1565}},
  keywords     = {{Public international law; European Convention of Human Rights; State knowledge; Positive obligations; Folkrätt}},
  language     = {{eng}},
  number       = {{3}},
  pages        = {{601--620}},
  publisher    = {{CUP}},
  series       = {{Leiden Journal of International Law}},
  title        = {{Fault, Knowledge and Risk within the Framework of Positive Obligations under the European Convention on Human Rights}},
  url          = {{http://dx.doi.org/10.1017/S0922156520000163}},
  doi          = {{10.1017/S0922156520000163}},
  volume       = {{33}},
  year         = {{2020}},
}