2023 Theses Master's

“Is not peace . . . a matter of human rights?” Establishing the Human Right to Positive Peace within the International Legal Regime

Prochazka, Susanne

Peace is a multidimensional concept, composed of positive and negative aspects. Negative peace is defined as the absence of violence or armed conflict or the threat of violence or armed conflict, whereas positive peace is more comprehensive, addressing the roots of conflict by focusing on the elimination of indirect forms of structural violence and the construction of just social institutions that guarantee equal opportunity, non-discrimination, equal protection, and equal access to resources.

To its detriment, modern international human rights law has directed its efforts almost exclusively at promoting negative peace. Codification of the human right to positive peace, based within the soft law of non-binding human rights instruments, would allow an integrated approach to peacebuilding and conflict-prevention that addresses the structural causes of injustice and violence within a society.