The European Convention For the Protection of Human Rights. Write a 3500 word paper answering; Although the European Court of Justice has interpreted the Convention as imposing positive obligations on member states, the text of the Convention itself belies such a claim. Moreover, the supremacy of the provisions contained in the Convention functions to compromise the predictability and consistency of national laws with the result that it places an undue burden on member states. .
The House of Lords together with the House of Commons in its Twenty-sixth Report titled, Joint Committee on Human Rights distinguishes between negative and positive obligations in the context of the European Convention on Human Rights. The joint committee offered the following explanation:
“Most of the ECHR rights are said to be negative rights in that member states are obliged to refrain from interfering with them. However, the European Court of Human Rights recognizes the existence of positive obligations to take preventive or protective actions to secure ECHR rights.”4
The joint Committee went on to offer some examples of positive obligations under the European Convention on Human Rights. Those obligations “include the investigating killing”, protection from “ill-treatment” and “securing respect for private life.”5 Perhaps the most significant positive obligation is the duty to take certain measures, particularly statutory implementations for the protection of human rights under the Convention.6
The positive obligation to implement measures is consistent with the various articles contained in the European Convention on Human Rights is especially burdensome on member states like the UK. The UK relies upon several age-old statutory instruments and common law precedents which have been established over several hundred years for its constitutional framework.