Causation: Why and How for Establishing Breach of Positive Obligations under the European Convention on Human Rights?
The judgments of the European Court of Human Rights manifest a mixture of factual and legal causation, when the Court reasons whether omissions should be the basis for breach of positive obligations under the European Convention on Human Rights. However, considerations that can be generally framed as normative govern the reasoning, which implies domination of legal causation. Yet, the Court still