Part IV Normative Evolution, Ch.24 Positive and Negative Obligations

Subject(s):

Development — Diplomatic protection — Right to non-discrimination

This article examines the development of positive and negative obligations in international human rights law. It analyses the textual bases and jurisprudence regarding these obligations and considers the issue of due diligence standard of care. It discusses how due diligence emerged alongside and as the standard for judging state compliance with positive obligations to ensure or secure guaranteed human rights and predicts that positive obligations, negative obligations and due diligence may further develop into effective and detailed legal standards that protect individuals from human rights violations, whether committed by state or non-state actors.