Publication details

Does the Osman Test Go to School? Recent Developments Concerning States’ Positive Obligations to Protect Children in School

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Authors

LEISURE Patrick Casey

Year of publication 2025
Type Article in Periodical
Magazine / Source Human Rights Law Review
MU Faculty or unit

Faculty of Law

Citation
web
Doi http://dx.doi.org/10.1093/hrlr/ngae024
Keywords European Court of Human Rights; schools; positive obligations; pupils’ rights; Osman test; Biba v Albania
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Description 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.
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