Section 13 ('Omissions'): '(1) Whosoever fails to avert a result which is an element of a criminal provision shall only be liable under this law if he is responsible under law to ensure that the result does not occur, and if the omission is equivalent to the realization of the statutory elements of the offence through a positive act. (2) The sentence may be mitigated pursuant to section 49(1).' 21 On the latter argument, see below para. 27 ss. 22 See the thorough research by A. Dan, Le Délit de commission par omission: éléments de droit suisse et comparé (Zürich: Schulthess, 2015), at 201-211. See also Ambos, Treatise, supra n. 17, at 188. 23 See below para. 10. 24 Duties that are too general conflict with the legality principle, see above para. 7. 25 Duttwiler, supra n. 5, at 8.
The seventieth anniversary of the Universal Declaration of Human Rights (UDHR) took place at a time when human rights are under pressure. 1 The reasons for this vary, from a lack of implementation and enforcement (e.g. in fragile states) 2 to the challenges raised by new technologies (in particular artificial intelligence); 3 they include the effects of austerity and/or neoliberal policies, 4 a new rise in authoritarianism, 5 the delegitimization of human rights in liberal democracies in times of populism and nationalism, 6 as well as an apparent increasing popular scepticism about human rights. 7 Accordingly, this 1
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