Arxiv
ELMİ İŞ - 2026
Nargiz Nasimi Mammadova
Baku State University
nargizm64 @gmail.com
SCOPE AND NATURE OF PROCEDURAL OBLİGATİONS UNDER ARTICLE
2 OF THE EUROPEAN CONVENTION ON HUMAN RİGHTS
Key words: human rights, positive obligations, right to life, international law
Açar sözlər: insan hüquqları, pozitiv öhdəliklər, yaşamaq hüququ, beynəlxalq hüquq
Ключевые слова: права человека, положительные обязательства, право на жизнь, международное право
a. Introduction
This article deals with regulation of procedural positive obligations under scope of European Convention on human rights, where these rights include which notion of the Article 2. Also it deals with case-law of the European Court of Human Rights under this right. This study is fulfilled to research the procedural positive obligations under the right to life. And especially this study is dealt with the other related human rights.
b. General approach
Positive obligations arise from the duty to protect persons under the jurisdiction of the state and the State shall perform this duty in its relations between individuals, mainly by ensuring compliance with the Convention. The theory of positive obligations is the basis of a remarkable trend - the tendency to apply to private relations between individuals by expanding the scope of the Convention. If the state is unable to prevent the violation of someone's rights by legal or factual means, or in other words, to create conditions for the punishment of the perpetrators, it faces the risk of being prosecuted by the European Court.
Baxış: 1040