By Jean-François and Akandji-Kombe
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Extra info for Positive obligations under the European Convention on Human Rights
Hatton and others v. the United Kingdom [GC], 8 July 2003; noise pollution caused by an airport. Note an earlier judgment relating to similar facts: Powell and Rayner v. the United Kingdom, 24 January 1990. See also Moreno, concerning noise pollution caused by nightclubs (above, p. 46). 213. McGinley, §101. 47 COUNCIL OF EUROPE HUMAN RIGHTS HANDBOOKS SERIES persons wish to escape the harmful effects of that policy by moving house, they must be able to do so without financial 214. The Buckley v.
Van Kück, cited above, p. 37. 169. Gaskin v. the United Kingdom, 23 June 1989. 170. Ibid. III. Protection of private and family life NO. 7: POSITIVE OBLIGATIONS that certain “informers” refused to relinquish their anonymity, the European Court believed that the United Kingdom should set up an independent body with responsibility for deciding on requests for access. Similarly, it ruled in the Mikuli v. Croatia judgment171 that, in the context of a procedure to establish paternity, domestic law should provide for the possibility of compelling a reluctant putative father to undergo a DNA test or, failing this, provide other means enabling the interested party to apply to an independent authority for his action to be decided.
130. The decision of the Commission in Papon v. France (7 June 2001) and the Farbtuhs judgment (cited above, p. 29, footnote 118) are relevant here. Substantive obligations Protection of close relatives of persons who have disappeared The family members of a person who has disappeared – whether that disappearance is examined from the standpoint of Article 2 or Article 3 – can also claim the protection of Article 3, since the Kurt v. 131 This protection operates only in the sphere of positive obligations.