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<p>The aim of this paper is to present how the State’s obligation to protect the weaker party in a horizontal relationship can be reconstructed from the provisions of the constitution. The paper outlines the concept of the protective obligations of the State as well as the peculiarities of the horizontal relationships. It deals with normative grounds for the general obligation to protect an individual by the State and for the specific protective obligations with respect to particular rights and freedoms. The analysis is primarily based on the constitutional provisions of Visegrad Group countries and includes the provisions of the European Convention on Human Rights. The paper concludes that conflicts of the State’s protective obligations resulting from conflicts of the rights and freedoms of individuals should be resolved in the same way in which the theory of law recommends resolving conflicts of constitutional principles.</p>
</abstract>

The aim of this paper is to present how the State’s obligation to protect the weaker party in a horizontal relationship can be reconstructed from the provisions of the constitution. The paper outlines the concept of the protective obligations of the State as well as the peculiarities of the horizontal relationships. It deals with normative grounds for the general obligation to protect an individual by the State and for the specific protective obligations with respect to particular rights and freedoms. The analysis is primarily based on the constitutional provisions of Visegrad Group countries and includes the provisions of the European Convention on Human Rights. The paper concludes that conflicts of the State’s protective obligations resulting from conflicts of the rights and freedoms of individuals should be resolved in the same way in which the theory of law recommends resolving conflicts of constitutional principles.

The Constitutional Obligation of the State to Protect the Weaker Party in a Horizontal Relationship

professor of the Jagiellonian University, Faculty of Law and Administration

European Studies

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

The aim of this paper is to present how the State’s obligation to protect the weaker party in a horizontal relationship can be reconstructed from the...

The Constitutional Obligation of the State to Protect the Weaker Party in a Horizontal Relationship

Publié en ligne: 19 avr. 2023

Pages: 237 - 253

DOI: https://doi.org/10.2478/eustu-2022-0039

Mots clés
protective obligations, horizontal relationships, constitution, weaker party, conflict of State’s obligation, protection of individuals, rights and freedoms

© 2019 Monika Florczak-Wątor, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

The Constitutional Obligation of the State to Protect the Weaker Party in a Horizontal Relationship

Publié en ligne: 19 avr. 2023

Pages: 237 - 253

DOI: https://doi.org/10.2478/eustu-2022-0039

Mots clésprotective obligations, horizontal relationships, constitution, weaker party, conflict of State’s obligation, protection of individuals, rights and freedoms

© 2019 Monika Florczak-Wątor, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Mots clés
protective obligations, horizontal relationships, constitution, weaker party, conflict of State’s obligation, protection of individuals, rights and freedoms