Council of Europe/European Court of Human Rights, December 2011 The report was KEY CASE-LAW ON POSITIVE OBLIGATIONS UNDER ARTICLE 10
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Article 2(1) requires that “Everyone's right to life shall be protected by law” 5 This expression consists of both negative and positive aspects of an obligation namely
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European Court of Human Rights (ECtHR) This article analyzes the rela- tion between positive obligations and proportionality with the help of Alexy's principles
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The present article examines the concept of positive obligations in the case law of on a Ph D on Positive Obligations under the European Convention on
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1 Introduction to Negative and Positive Obligations under Article 8 of the Convention The European Convention on Human Rights refers to an obligation to
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The ECtHR has justified this broad approach to negative and positive extraterritorial State obligations considering that Article 1 ECHR cannot be interpreted so as
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European Convention on Human Rights (ECHR, 1950), the American Convention authorities might have a positive obligation under article 2 ECHR or article 3
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Procedural obligations in substantive provisions vs procedural provisions 24 2 3 Specific issues arisen from positive obligations under Articles 3 and
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