THE SLOVAK REPUBLIC'S POSITIVE OBLIGATION REGARDING HUMAN RIGHTS AND AGAINST RACIAL DISCRIMINATION

The article analyses the positive obligation of a sovereign state regarding the individual's human rights and the enforcement of those rights. The concept of state liability in enforcing the state's positive obligation has developed differently at the international and European levels. International law relied mainly on a diplomatic approach until changes were made to the UN system, in which committees operate as semi-judicial bodies. The European system - established mainly at the Council of Europe - incorporates a stronger legal mechanism for the judicial enforcement of the individual's human rights but there are obstacles to exercising European Court of Human Rights judgements. The content analysis of the case law has been employed to provide comparative insights into the enforcement of positive obligation in human rights and to formulate recommendations based on the principles of good practice.