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Raphael Levy

Raphael

PhD Student

Email: Raphael.levy@qmul.ac.uk

Profile

Thesis title

The Role of Positive Obligations under the ECHR

Supervisors

Summary of research

This project aims to reframe how positive obligations should be understood within the framework of the ECHR. Currently, it is clear that the ECHR imposes positive obligiations on member states (i.e., obligations to take action to protect human rights). However, the ECHR and the jurisprudence from the ECtHR is far less clear on several crucial questions that arise. What is the scope of these obligations? Do they differ across different treaty articles (and if so, why)? How do they interact with domestic legal provisions and does it matter that this could differ across the member states? What is the scope of any investigative duty on public authorities when a violation is carried by non-state actors?

These are just some of the questions I hope to develop answers to as part of my research which is aimed at developing a new framework to holistically understand positive obligations as imposed by the ECHR.

Biography

Raphael is a perpetual student having completed degrees at Warwick (PPE BA), Cambridge (Philosophy, M.Phil.), Oxford (Jurisprudence, BA with Senior Status) and LSE (Law, LLM) as well as the Bar Course at BPP). He is in receipt of a GTA from Queen Mary University of London to fund his PhD studies.

He is an aspiring barrister, amateur cook and often despairing Manchester United season ticket holder. When he is not researching his PhD, he is most likely to be found explaining to unwitting strangers how Plato predicted the rise of Trump in the Republic or attempting to solve the cryptic crossword in the Financial Times.

Publications

Levy, R [2019] “The protection afforded under Article Three of the European Convention on Human Rights.” Public Law Vol 2, 251-259.

Research

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