Publication details
Positive Obligations of the States in the Context of Article 3 of the European Convention
| Authors | |
|---|---|
| Year of publication | 2014 |
| Type | Article in Proceedings |
| Conference | Cofola 2014 : The Conference Proceedings |
| MU Faculty or unit | |
| Citation | |
| Field | Law sciences |
| Keywords | Article 3; the European Convention on Human Rights; the European Court of Human Rights; positive obligations |
| Description | The concept of (procedural) positive obligations of the states in the context of the European Convention on Human Rights has been established by the European Court of Human Rights. It is a concept where the substantial rights emerging from the Convention have their procedural limbs based on the interpretation of Article 1 of the Convention. The paper focuses concretely on Article 3. In the first part the author explains why the issue of positive obligations is important and why Article 3 was chosen. In the second part the concept of positive obligations is analysed and the division of positive obligations is described. The third part analyzes Article 3 thus there is a brief explanation what content of this Article is in the context of the ECHR case-law. The fourth part analyses what concrete positive obligations are inherent to Article 3; for that purpose the ECHR case-law is analyzed. In the last fifth part there is a conclusion devoted to the assessment of positive obligations in the context of Article 3. |
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