ABSTRACT
Obligations under Art 8 may be both negative and positive. States, for example, may be under positive obligations to take action to prevent a person’s private life, family and home being interfered with by commercial concerns, by for example, failing to provide: ‘... essential information that would have entitled [local people] to assess the risks they and they families might run if they continued to live at Mafredonia (Guerra v Italy, para 60).’ This failure, however, did not constitute a breach of Art 10, despite the fact that this Art icle expressly includes a right to receive information. On this see the discussion of Art 10, p 919.
