Recommendation 41

Positive obligations are a central principle of the Convention. Positive obligations go beyond a duty not to interfere with Convention rights, and require that, in some circumstances, the state must take active steps to protect people’s rights against interference by others. In addition to the express wording in the Convention, the courts have implied various positive obligations in order to secure effective rights protection. If individuals are not able to enforce their rights against public bodies as a result of any narrowing interpretation of positive obligations in domestic courts, individuals will be forced to seek a remedy before the ECtHR. (Paragraph 170) Litigation and remedies