Güler and Öngel v Turkey: Article 3 of the European Convention on Human Rights and Strasbourg’s discourse on the justified use of force

This article discusses the discourse on the justified use of force in the Strasbourg Court’s analysis of Article 3. With particular focus on the judgment in Güler and Öngel v Turkey, a case concerning the use of force by State agents against demonstrators, it addresses the question of the implications of such discourse, found in this and other cases, on the absolute nature of Article 3. It offers a perspective which suggests that the discourse on the justified use of force can be reconciled with Article 3’s absolute nature.

Political Violence and Adolescent Out-group Attitudes and Prosocial Behaviors: Implications for Positive Inter-group Relations

The negative impact of political violence on adolescent adjustment is well established. Less is known about factors that affect adolescents' positive outcomes in ethnically divided societies, especially influences on prosocial behaviors toward the out-group, which may promote constructive relations. For example, understanding how inter-group experiences and attitudes motivate out-group helping may foster inter-group co-operation and help to consolidate peace. The current study investigated adolescents' overall and out-group prosocial behaviors across two time points in Belfast, Northern Ireland (N = 714 dyads; 49% male; Time 1: M = 14.7, SD = 2.0, years old). Controlling for Time 1 prosocial behaviors, age, and gender, multi-variate structural equation modeling showed that experience with inter-group sectarian threat predicted fewer out-group prosocial behaviors at Time 2 at the trend level. On the other hand, greater experience of intra-group non-sectarian threat at Time 1 predicted more overall and out-group prosocial behaviors at Time 2. Moreover, positive out-group attitudes strengthened the link between intra-group threat and out-group prosocial behaviors one year later. Finally, experience with intra-group non-sectarian threat and out-group prosocial behaviors at Time 1 was related to more positive out-group attitudes at Time 2. The implications for youth development and inter-group relations in post-accord societies are discussed.

The European Convention on Human Rights and the United Kingdom's Supreme Court

This article reviews the attitudes displayed by the UK's Supreme Court towards claims based on human rights law.

The European Court of Human Rights and Domestic Violence: Valiuliene v Lithuania

This article analyses the recent jurisprudence of the European Court of Human Rights on the issue of domestic violence, with a particular focus on Valiuliene v Lithuania. It seems that to date the Court’s jurisprudence on this issue is somewhat inconsistent, and with Valiuliene v Lithuania the Court was given an opportunity to clarify its approach in this area. There are certainly a number of positive aspects to the Court’s judgment, however there are also difficulties with the approach of the Court in this case. Overall it is to be hoped that the judgment in Valiuliene v Lithuania will mark the beginning of a more coherent jurisprudence as regards domestic violence.

Context, institution, or accountability? Exploring the factors that shape the performance of national human rights and equality bodies

The past two decades witnessed a global proliferation of national human rights and equality bodies. Yet the research literature remains critical of their performance, positing a series of explanations for the gap between the expectations of civil society and the contribution they make. Through a comparative analysis of six statutory human rights and equality bodies in the United Kingdom and Ireland, this article explores the range of factors that shape their performance.

Human rights and traditional values

A series of ‘traditional values’ resolutions, passed by the UN Human Rights Council in 2009, 2011, and 2012, were the result of a highly controversial initiative spearheaded by Russia. Do these ‘traditional values’ underpin human rights? If not, why are religious traditions or, indeed, any traditional values worth preserving at all? Why are they valuable from the point of view of adherents to that tradition? Should the larger society take into account the fact that a practice is based on tradition in deciding whether or not to override it in the name of human rights? Put more technically, in what does the normativity of tradition lie, for adherents and non-adherents of that tradition? These are the questions that this essay explores, in the context of the recent debates over the scope and meaning of human rights stimulated by the Human Rights Council Resolutions. Much of the support for the Resolutions comes from what can broadly be called the global South. In several books, particularly Human Rights, Southern Voices, and General Jurisprudence: Understanding Law from a Global Perspective William Twining has explored the question of how to reconcile human rights norms and belief systems embedded in the global South (including ‘traditional values’), and in doing so has drawn particular attention to intellectuals from that part of the world, in particular Francis Deng, Yash Ghai, Abdullahi An-Na’im, and Upendra Baxi. I suggest that those concerned to recognize the legitimate concerns that significant sections of the global South have about the human rights project, concerns reflected in the ‘traditional values’ Resolutions would do well to pay more attention to the ‘Southern voices’ on whom Twining rightly focuses attention.

Dignity, Rights and the Comparative Method

This chapter considers the role of dignity in the development of constitutional rights, and relates this to the use of the comparative method, which has long been associated with the development of constitutional rights.