Positive and Negative Obligations of Member States

• Diego Aboy Rubio ^[1]
  1. [1] Universidad Internacional de La Rioja

     Universidad Internacional de La Rioja

     Logroño, España

     
• Localización: Protection and Promotion of Freedom of Religions and Beliefs in the European Context / Luca Paladini (ed. lit.), María del Angel Iglesias Vázquez (ed. lit.), 2023, ISBN 978-3-031-34502-9, págs. 119-135
• Idioma: inglés
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• Resumen

  • Article 9 ECHR shows in its wording and development certain obligations of the States parties which project not only onto this right’ individual facet, but also onto its collective one. There are both positive and negative requirements that are primarily based on the general principle established in the first of its provisions, which calls for the recognition of the rights and freedoms set out in the ECHR. This chapter analyses Member States obligations described not only with reference to the doctrine but also to the interpretation and development of the ECHR made by the Strasbourg Court, which is relevant given the eminently evolutionary character of this issue due to the dynamics of European society.