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Typological And Terminological Considerations

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Chapter Summary

The classical perception of human rights as dichotomous rights has been criticised time and again as a simplification of the issue. It is counter-argued that both sets of human rights encompass a variety of obligations, and that they overlap to a certain extent. The introduction of the tripartite typology was motivated by a wish to do away with the positive/negative dichotomy as a false and misleading description of the character and nature of human rights obligations. The tripartite terminology bridges the two sets of rights by illustrating that compliance with each and every human right economic, social, cultural, civil and political may require various measures from non-interference to insurance of the satisfaction of individual needs all depending on the concrete circumstances. European Court of Human Rights (ECtHR) applies a dichotomous terminology by recognising that the ECHR includes negative as well as positive elements.

Keywords: dichotomous terminology; European Court of Human Rights (ECtHR); human rights; Tripartite Typology



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