SUPO 1 - FRAMWORKS & CRITIQUES

Qualified rights

rights where infringements may be justified if they meet certain conditions, and derogations may be permissible

Absolute rights

rights where infringements cannot be justified and derogations are not permissible

Horizontal effect

describes the impact of human rights law on legal relationships between private actors, distinguish between direct or indirect effects

Negative obligations

describes state obligations to abstain from actions that interfere with a right (rights of defence or ‘shields’)

Substantive Positive obligations

describes state obligations to take actions that secure the effective enjoyment of a right (rights of performance or ‘claims’)

Procedural Positive obligations

describes state obligations to conduct effective and independent investigations in response to alleged violations, regardless of whether negative obligations were violated