The Article 3 prohibition1 also imposes positive obligations on contracting states2. These positive obligations are not explicit but are derived from a purposive reading of Article 3 coupled with the Article 1 obligation to secure to everyone within their jurisdiction the rights and freedoms set out in the rest of the European Convention on Human Rights3. The distinction between a negative and a positive duty under Article 3 may be of significance because unlike negative obligations, positive obligations are not absolute
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