Positive obligations
When the Convention requires a State to act, not merely to refrain from interfering.
Established law and case law
The concept
The Convention imposes not only negative duties of non-interference but also positive obligations to secure effective enjoyment of rights. The obligation is one of reasonable steps, assessed against the resources and the burden imposed on the authority, and States enjoy a margin of appreciation.
In closed institutions
The obligation is at its strongest where a person is under the control of the State and cannot obtain food elsewhere, as in prisons and secure care. Jakóbski turned on precisely that dependency.
FFVR analysis — argument, not settled law
FFVR's argument
FFVR argues that compulsory schooling creates an analogous, though weaker, dependency: a pupil required to attend and offered only one meal is in practice compelled to choose between attendance and conviction. This extension has not been endorsed by the Court.
Sources
European Convention on Human Rights
Council of Europe · 1950-11-04 · ETS No. 005
Primary sourceJakóbski v. Poland
European Court of Human Rights · 2010-12-07 · App no 18429/06
Primary sourceEducation Act (2010:800)
Riksdag · 2010 · SFS 2010:800
The information provided by FFVR is intended for general informational and educational purposes. It is not individual legal advice. The legal analysis presented on this website includes both established law and FFVR's interpretation of relevant legal principles. Where FFVR advocates for a particular legal development, this should not be understood as a statement that such a right already exists under Swedish law.