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Words: | Submitted: Mon Jun 19 2006
... and freedoms of the Convention. The positive obligations doctrine of the Court is an amplification of the originally negative conception of the European Convention of Human Rights, in which a State is obliged to refrain from taking actions that might breach the rules of the Convention. The concept of positive obligations goes further than this purely negative idea of non-action, as it obliges States to take measures in situations in which the passive attitude of a State would constitute a violation of the rights and freedoms set forth in the Convention. Therefore, the doctrine has a greater impact on States than the traditional negative conception, as it gives a broad extension of the duties originally imposed upon the High Contracting Parties. It is now clear that the protection of the right to life in Article 2 requires state authorities to carry out an effective investigation in to a death caused by ...
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