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All human rights norms set forth either positive or negative obligations.
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All human rights norms set forth either positive or negative 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 state to refrain from interfering with that person's freedom. An example would be in not allowing that person to speak his opinions. Some rights require positive obligations by the state, such as to provide police to protect peoples' lives and property, or schools to provide education. One must remember that for all the rights and obligations of states, there are also duties on every member of society without which human rights cannot be realised. The concept of positive obligations has gradually developed in the case-law of the European Court of Human Rights over the last nineteen years. The Court introduced the doctrine in its Marckx judgement of 1979 and it still...
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