This chapter explains why the norm against torture and inhuman and degrading treatment dramatically expanded in the period after 1998. Relying on the theoretical framework, it assesses the conditions that made the Court audacious enough to effectuate these resource-intensive positive obligations. First, as a full-time court with compulsory jurisdiction, the new Court came to enjoy a wide discretionary space. This attribute conferred it with judicial courage to issue audacious rulings across the board and recognize a range of important positive obligations under Article 3. Second, there was a growing need for positive obligations in European societies, especially in the aftermath of the Eastward enlargement. Positive obligations were necessary for both the Western and Eastern European countries alike. They served a supplementary role for the protection of rights in Western Europe and played a crucial role in inducting Eastern Europe into a rule of law tradition. Last but not least, creating positive obligations was less likely to raise eyebrows because they were already established in the jurisprudence of other courts and were actively promoted by civil society groups.