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Positive obligations in the inter-American human rights system
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Aliverti, Ana J. and Melish, Tara (2006) Positive obligations in the inter-American human rights system. INTERIGHTS Bulletin, 15 (3). pp. 120-122. ISSN 0268-3709 .
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Official URL: http://www.interights.org/document/45/index.html
Abstract
A hard distinction is often made in human rights literature between ‘negative’ and ‘positive’ duties of states under international treaty law. A resource line is drawn between the two, with duties of state ‘restraint’ on one side (demanding no resources) and duties of state ‘action’, particularly vis-à-vis non-state actors, on the other (demanding resources). The negative duties are then highlighted as non-negotiable, ‘immediate’ priorities, cordoned off from their positive counterparts. While this approach may be conceptually appealing, particularly where direct state action is involved, it has one formidable drawback: it does not reflect the reality of human rights abuse, prevention of which requires extensive positive action on the part of the state, even to ensure against breach of negative duties. As the constant jurisprudence of the InterAmerican Court of Human Rights makes clear, states’ negative and positive duties in the field of human rights are inseparable in practice.
Item Type: | Journal Article | ||||
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Divisions: | Faculty of Social Sciences > School of Law | ||||
Library of Congress Subject Headings (LCSH): | Human rights | ||||
Journal or Publication Title: | INTERIGHTS Bulletin | ||||
Publisher: | The International Centre for the Legal Protection of Human Rights | ||||
ISSN: | 0268-3709 | ||||
Official Date: | 2006 | ||||
Dates: |
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Volume: | 15 | ||||
Number: | 3 | ||||
Number of Pages: | 3 | ||||
Page Range: | pp. 120-122 | ||||
Status: | Not Peer Reviewed | ||||
Publication Status: | Published | ||||
Access rights to Published version: | Restricted or Subscription Access |
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