Please use this identifier to cite or link to this item: https://www.um.edu.mt/library/oar/handle/123456789/74711
Title: Prevention of human rights violations as a positive obligation of states
Authors: Falzon, Neil (2004)
Keywords: Human rights
Treaties
United Nations
Political science
International law
Issue Date: 2004
Citation: Falzon, N. (2004). Prevention of human rights violations as a positive obligation of states (Master’s dissertation).
Abstract: This argumentative dissertation is aimed at asserting prevention of human rights violations as a positive obligation of States. As a preliminary to the argument, Chapter 1 presents the context by positioning the proposal in the human rights status quo, and by fragmenting it so as to clarify its intentions, the argumentative process and the resulting implications. Chapter 2 establishes the argument's need and desirability through an account of the UN understanding of and consequential concern with the preventive concept, as well as of authorities commenting on the nature of State human rights duties. Chapter 3 introduces the dissertation's focal point in examining the texts of major treaties as the necessary foundation to any claim to the existence of a State duty under international law. Prevention is portrayed in its substantive context, revealing patterns of occurrence with the submission that, despite scant direct reference to preventive measures, the obligation in fact emerges from the texts. The textual analysis is accompanied by references to the work of the treaty-monitoring bodies, with the rationale that, as the authoritative instrument interpreters, the bodies are necessary complimentary sources for providing proof of a preventive duty. Chapter 4 concludes the dissertation by presenting the argument's closure and final submissions.
Description: M.A.HUMAN RIGHTS
URI: https://www.um.edu.mt/library/oar/handle/123456789/74711
Appears in Collections:Dissertations - FacLaw - 1958-2009
Dissertations - MA - FacLaw - 1994-2008

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