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Human Rights

Positive obligations of the member states

The European Convention of Human Rights aims to secure the universal and effective recognition and observance of the rights embodied in this Convention. All human rights norms set forth are either positive or negative rights and obligations. Some rights are positive, such as freedom of expression. Positive rights give a person freedom to do something. For each positive right there is a negative obligation of the member state to refrain from interfering with that person's freedom. An example would be in not allowing that person to speak his opinions.

The positive rights mentioned above, require positive obligations by a member state. This means that certain activities are required by the authorities to prevent for or react on violations of human rights. Especially the rights set forth in article 2 and 3 of the Convention need some special attention by the member states.

Article 2 ECHR safeguards the right to life and set out the circumstances when deprivation of life may be justified. This right is ranked as one of the most fundamental provisions in the Convention, to which in peacetime no derogation is permitted under article 15. Together with article 3 (prohibition of torture),


The essential purpose of such investigation is to secure the effective implementation of the domestic laws which protect the right to life and, in those cases involving State agents or bodies, to ensure their accountability for deaths occurring under their responsibility. What form of investigation will achieve those purposes may vary in different circumstances. However, the authorities must act of their own motion, once a matter has come to their attention.

All human right norms are either positive or negative rights and obligations. Mainly article 2 and 3 of the Convention require positive obligations by a member state. The right to life, as embodied in article 2, enjoins the state not only to refrain from the intentional and unlawful taking of life, but also to take appropriate steps to safeguard the lives of its citizens. Article 3 embodies the right that protects individuals from torture or inhuman or degrading treatment or punishment, require preventive measurements by the member state and it has the obligation to provide a plausible explanation of how the above mentioned acts could happen. All these obligations protect the citizen of the member states from violation of these most fundamental pro

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Approximate Word count = 819
Approximate Pages = 3 (250 words per page double spaced)


  

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