Positive Obligations of the State to Protect and Promote Human Rights and Fundamental Freedoms: Within Borders and Beyond, under the European Human Rights Law has been developed throughout a post-doctoral research study carried out by the author during the period of November 2011 - November 2012 at the Department of Legal Studies, School of Law, Luigi Bocconi University in Milan. The study has eventually turned into a serious scholarly book with a strongly developed positive of view. The author surveys the literature of leading scholars in the field and jurisprudence and provides a searching inquiry into positive interpretation of international human rights law. The author carefully examines important aspects of positive obligations of the state such as taking proactive and preventive measures, putting apt law in place in time, due implementation of laws and policies, establishment and maintenance of good governance networks, progressive improvement in law, practice and policy in the light of modern developments, under the European human rights law. Focusing on human rights law related to primary liability of the state for abusive acts and omissions by either state agents or private persons which amounts human rights violations, the study presents a comprehensive explanation of the development of major areas in substantive international human rights law through a selection of key illustrative cases from the jurisprudence of the European Court of Human Rights. Written by an academic as well as a practitioner as governor, this book provides an authoritative source for students and academics in the field of international public law, international human rights law, and in particular the European human rights law. And it also provides national policy developers, decision-making bodies, judicial, legislative and executive authorities, and researchers with a clear and comprehensive guide.
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|data pubblicazione: ||Ottobre 2013|