Positive and negative obligations in the practice of the ECtHR based on article 2 of the ECHR

It is indicated that the combination of positive and negative obligations of the state plays a key role in the protection of human rights. Considering such a basic right as the right to life (Article 2 of the European Convention on Human Rights), the European Court of Human Rights has significantly deepened the understanding of the active obligations of the state over the past decades. This concerns the effective investigation of cases of death, the protection of people from violent acts, the fulfillment of obligations in the field of medical care and other areas. The practice of the ECHR shows that for the real protection of human rights, it is necessary both for the state to refrain from interfering in certain areas (negative obligations) and to take active measures to prevent violations (positive obligations). The relevance of the study is determined by the crucial role of the system of positive and negative obligations of states in ensuring the fundamental right to life (Article 2 ECHR). The article aims to analyze the essence and distinction between positive and negative state obligations in light of the case law of the European Court of Human Rights (ECtHR). It is demonstrated that human rights require both non-interference by the state (negative obligations) and active measures by it to prevent violations (positive obligations). The ECtHR, applying the principle of the «effectiveness» of rights, has significantly expanded the doctrine of positive duties (e.g., ensuring effective investigation of death, protection from violence, obligations in the healthcare sector). The material and procedural aspects of Article 2 ECHR are analyzed through the lens of ECtHR judgments, including cases against Ukraine («Yukhymovych,» «Tretyakova»). It is established that the procedural aspect imposes positive obligations on the state regarding the existence of effective legal remedies and investigations within a reasonable time. The material aspect requires the state both to refrain from violations and to take measures when it knew or ought to have known of a real threat to life. The conclusion highlights the need for further improvement of Ukrainian legislation and the judicial system to enhance the effective fulfillment of positive obligations under Article 2 ECHR.