Breakfast Briefing with Vladislava Stoyanova
Positive Obligations under the European Convention on Human Rights – within and beyond Boundaries
Abstract
It is beyond question that states have positive obligations under the European Convention on Human Rights (ECHR) to prevent and address harm and risks of harm. However, given the difficulties in determining and delimiting the role of the state, the conditions under which positive obligations may apply can be unclear. The search for balance between intrusion and restraint by the state – between protection and freedom from interference – further complicates the question of state responsibility for a breach of positive obligations under the ECHR. Based on her recent book, Vladislava Stoyanova will address these challenges during her presentation. By systematising the case law of the European Court of Human Rights, she will provide key insights into the elements crucial for ascertaining state responsibility for omissions: state knowledge, causation, and reasonableness.
About the Speaker
Vladislava Stoyanova is an Associate Professor of Public International Law at the Faculty of Law, Lund University, and a visiting fellow at the newly established MOBILE centre, University of Copenhagen – Faculty of Law. She is the holder of the Wallenberg Academy Fellowship (2019-2024), awarded by the Knut and Alice Wallenberg Foundation and the Royal Swedish Academy of Sciences, leading the project ‘The Borders Within: The Multifaceted Legal Landscape of Migrant Integration in Europe’. She is the holder of the 2023 Henrik Enderlein Prize for research excellence in social sciences. Her publications include the monographs Positive Obligations under the European Convention on Human Rights: Within and Beyond Boundaries (Oxford University Press, 2023) and Human Trafficking and Slavery Reconsidered: Conceptual Limits and States’ Positive Obligations in European Law (Cambridge University Press 2017), as well as four co-edited volumes. Her research interests generally relate to public international law, human rights law, migration law and EU law.
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