Title of article :
THE HORIZONTAL EFFECT OF HUMAN RIGHTS AND STATE RESPONSIBILITY
Author/Authors :
sunay, reyhan selçuk üniversitesi - hukuk fakültesi - genel kamu hukuku anabilim dalı, Turkey
Abstract :
Human Rights are the effective rules that compulsorily should be obeyed at relationship between individual and state and also at relationship between individuals. While the effectiveness of human rights among relationship between individuals is defined as „horizontal effect‟ the violations that happens during this process is named as „horizontal violations‟ . It is the main subject to assess the human rights not only within the vertical relations but also taking into account the horizontal effects and relations as a result of this new approach that is shaping since 1980s. This situation is expanding the area of state responsibility. The state responsibility of horizontal violations is coming from state responsibility to protect human rights. Not taking preventive and corrective measures means that state has not fulfilled its protective duty therefore it leds to its liability for such violations.
Keywords :
Horizontal effect , horizontal violation , state responsibility , liability to take preventive measures , liability to take corrective measures.
Journal title :
Selcuk University, Journal Of The Faculty Of Law
Journal title :
Selcuk University, Journal Of The Faculty Of Law