Negative obligations
Negative obligations
Real World
Under Article 3 ECHR, the UK government has a negative obligation never to torture or subject anyone to degrading treatment — as confirmed in Ireland v UK [1978], where interrogation techniques used in Northern Ireland were ruled inhuman treatment.
Exam Focus
When answering on absolute rights like Art 3, stress there is no justification or proportionality balancing — the negative obligation is unqualified.
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