Přehled o publikaci
2025
Does the Osman Test Go to School? Recent Developments Concerning States’ Positive Obligations to Protect Children in School
LEISURE, Patrick CaseyBasic information
Original name
Does the Osman Test Go to School? Recent Developments Concerning States’ Positive Obligations to Protect Children in School
Authors
LEISURE, Patrick Casey
Edition
Human Rights Law Review, England, Oxford Univ Press, 2025, 1461-7781
Other information
Language
English
Type of outcome
Article in a journal
Country of publisher
United Kingdom of Great Britain and Northern Ireland
Confidentiality degree
is not subject to a state or trade secret
Organization
Právnická fakulta – Repository – Repository
UT WoS
999
Keywords in English
European Court of Human Rights; schools; positive obligations; pupils’ rights; Osman test; Biba v Albania
Links
LX22NPO5101, research and development project.
Changed: 20/12/2024 00:50, RNDr. Daniel Jakubík
Abstract
V originále
In light of the recent Biba v Albania case, this article takes a closer look at states' positive obligations to protect children in school. It tracks a distinct divergence in judicial preference for how positive obligations apply in the school context and illustrates how the Strasbourg Court has inconsistently invoked and applied the Osman test in schooling cases. Recommending that the Strasbourg Court clarify in future case-law the Court's positive obligations doctrine on states to protect children in school, the article concludes with a reflection and a recommendation, based on Judge Tulkens' concurrence in Kayak v Turkey, regarding the Strasbourg Court's role in this important area.
