He highlighted the need to take the constitution a notch higher and accommodate positive obligation
on government and hold government accountable to the provision of the right to work, the right to quality health care and the right to shelter as well as other socio-economic rights and amenities.
The revised Minnesota Protocol on the Investigation of Potentially Unlawful Death (2016) clarifies that the duty to investigate potentially unlawful deaths is derived from the obligation to protect the right to life, which includes a positive obligation
to prevent the arbitrary deprivation of life.
But once proceedings were in progress before the European Court of Justice, in an attempt to kill the case, Cyprus made a unilateral declaration admitting that the decision of the police to hand her over to the cabaret owner violated Cyprus' positive obligation
towards Oxana to take preventive measures to protect her life from the criminal acts of the cabaret owner.
"Unless we were to read a positive obligation
on the state to create and maintain conditions in which the freedoms guaranteed by the Constitution can be exercised, there is a real danger that art and literature would become victims of intolerance," it observed.
: "Aside from cases of manifest necessity, a
The state cannot say to a person that he/she is not ready for a release as a result of not fulfilling its positive obligation
, said the Human Rights Defender Arman Tatoyan highlighting the indispensable role of the social-psychological workers and security staff who directly interact with persons deprived of liberty.
He said the matter of holding /acquiring citizenship of a foreign state creates a positive obligation
on every citizen to disclose it to the state officials as well as the electorate.
Interestingly, the Engineer is under a positive obligation
to act "neutrally" between the Parties.
To set the tone, the new sub-clause 3.7 is named 'Agreement or Determination', which reflects the engineer's positive obligation
to encourage the agreement of claims.
'The Philippines is required to protect its population, and its government has a positive obligation
to take effective measures to protect the right to life.
In the statement, the special rapporteurs pointed out that the Philippine government is required to protect its population, and has a positive obligation
to take effective measures to protect the right to life, saying that failure to do so is a "violation of the International Covenant on Civil and Political Rights."
The Court considered that the State has a positive obligation
to take measures to comply with the provisions of Art.