Vladislava Stoyanova

Project summary

Positive human rights obligations under the European Convention on Human Rights: greater predictability through clearer legal criteria

The European Court of Human Rights has played a major role in clarifying states’ obligations under the European Convention for the Protection of Human Rights and Fundamental Freedoms. An important part of this development has been the establishment of positive human rights obligations. Positive obligations concern the measures that states must take proactively to ensure the rights protected by the European Convention on Human Rights. Such obligations are particularly important when individuals suffer harm at the hands of other private individuals. A state may also be considered to have failed to fulfil its positive human rights obligations if it does not adequately regulate certain hazardous activities that may pose environmental and health risks.

 

A review of the European Court of Human Rights’ judgments concerning positive obligations reveals a tendency towards inconsistency and unpredictability, as well as shortcomings in the Court’s legal reasoning. This creates an unfavourable situation for a range of actors, including individuals and states. States cannot know with sufficient certainty whether the Court will find their actions to be in breach of the Convention, as there is a degree of uncertainty regarding the scope of their obligations.

 

The aim of this research project is to propose clearer legal criteria that can be used by the European Court of Human Rights to assess compliance with and respect for human rights in a more consistent, predictable and persuasive manner.