Das Verhältnis von Achtungs- und Schutzpflichten in Ausnahmesituationen

Bücher

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»On the Relationship between the State's Obligations to Respect and to Protect the Fundamental Rights in Exceptional Situations« The relationship between the state's obligations to respect and to protect the fundamental rights becomes relevant in situations in which one person violates the freedom of another person forcing the state to intervene and to coordinate the opposing positions. The thesis analyzes the relationship between the two obligations in general and declares them to be equal. Following this, it focuses on exceptional situations and comes to the conclusion that the obligation to respect prevails if the human dignity is involved.