Introduction

Abstract

Abstract This introduction explains that the European Court of Human Rights has produced a rich body of case law on positive obligations, placing the Court at the centre of many polycentric issues that raise difficult questions about the functioning of societies, the role of the State, and the distribution of resources. This book aims to explain when a State can be found responsible under the European Convention on Human Rights for failure to fulfil its positive obligations. The book identifies and explains the key analytical issues (ie state knowledge, causation, and reasonableness) that need to be considered in determining whether a State is responsible under the European Convention on Human Rights for omissions. In addition to this technical analytical question, the book also reflects upon what is at stake for the political community when the triggering, the content, and the scope of positive human rights obligations are determined.