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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
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)
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author
organization
publishing date
type
Contribution to journal
publication status
in press
subject
keywords
Public international law, European Convention of Human Rights, State knowledge, Positive obligations, Folkrätt
in
Leiden Journal of International Law
publisher
CUP
language
English
LU publication?
yes
id
2a1e0d1c-a2f5-41c3-a3b9-d4d74ac0ff2c
date added to LUP
2019-06-27 03:15:34
date last changed
2019-07-26 11:27:14
@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},
  keyword      = {Public international law,European Convention of Human Rights,State knowledge,Positive obligations,Folkrätt},
  language     = {eng},
  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},
  year         = {2020},
}