Les obligations positives découlant de l’article 8 de la Convention EDH visant à assurer la protection des détenus
Positive obligations under Article 8 of the European Convention on Human Rights concerning the protection of detainees

Summary/Abstract: Detainees represent a vulnerable category of people due to their placement under the direct control of state authorities. Thus, their situation requires a proper protection. In this regard the European Court of Human Rights established through its jurisprudence the so called mechanism of positive obligations This mechanism represents a great evolution in the European Human Rights protection system and it implies states’ obligation not only to abstain themselves from breaching the rights guaranteed by the European Convention of Human Rights, but also to take all the necessary measures to protect them. In addition article 8 of the Convention, the right to private and family life, imposes on states certain types of obligations which prove to be extremely useful for people deprived of their liberty. The right to correspondence, the right to keep in touch with their families represent some of the most important rights for detainees. The problem with these obligations is the fact that they are concerned only with means and not results.

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