Positive State Obligations Regarding Fundamental Rights

When having regard to positive state obligations to (aim to) eradicate ingrained prejudice and stereotypical thinking, the ultimate question seems to be whether and, if so, to what extent, states are obliged (to try) to change people’s hearts and minds. This undoubtedly controversial question was the subject of an international conference, organised at the Erasmus University Rotterdam in January 2020, with the generous financial support of the Erasmus Trust Fund, the EUR Initiative of Inclusive Prosperity and ESL’s Rule of Law research programme.
In order to address this complex question in an appropriate manner, three avenues were identified, resulting in three strands of presentations. The first strand set out to develop the parameters for such positive state obligations from a multi-disciplinary perspective, more particularly combining the parameters visible in the human rights paradigm, as well as in sociology and ethics.
The second strand of presentations zoomed in on the time factor involved, in the sense that countering deep-seated prejudice and discrimination is a process that takes considerable time, has a ‘long durée’, and is often not linear. The third strand of presentations charted the trends that emerge in the (quasi) jurisprudence of a range of international human rights courts, when zooming in on particular vulnerable groups, often targets of prejudice and discrimination, more particularly Roma, Muslim minorities in the Western world, LGBTI and persons with a disability.
This special issue of Erasmus Law Review captures the presentations and subsequent discussions at the international conference, and thus reflects the three strands.