positive obligation uman rights define
Positive obligations in human rights law denote a State's obligation to engage in an activity to secure the effective enjoyment of a fundamental right, as opposed to the classical negative obligation to merely abstain from human rights violations.ases such as Van Kuck v Germany 2003 made it positive obligation on EU states to provide sex change surgery and this was repeated in the L v Lithuania 2007 verdict and again in the Schlump v Switzerland 2009 verdict.