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.

The European Convention on Human Rights Act 2003 – Ten Years On

The European Convention on Human Rights Act 2003 has now been in force in Ireland for ten years. This article analyses the Act itself and the impact which it has had on the Irish courts during the first decade of its operation. The use of the European Convention on Human Rights in the Irish courts prior to the enactment of the legislation is discussed, as are the reasons for the passing of the Act. The relationship between the Act and the Irish Constitution is examined, as is the jurisprudence of the Irish courts towards the interpretative obligation found in section 2(1), and the duty placed upon organs of the State by section 3(1). The article ends with a number of observations regarding the impact which the Act has had on the Irish courts at a more general level. Comparisons will be drawn with the UK’s Human Rights Act 1998 throughout the discussion.

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.

Playing free: an ethnography of Brazilian free improvisers

In this article I investigate the practice of free music improvisation in Brazil. The reflections and findings presented here are derived from research conducted as part of a four months Higher Education Academy (HEA, UK) Fellowship, carried out between February and June 2014. The aim was to enquire whether or how the practice of free improvisation is taught in the Brazilian higher education system.
As part of this ethnographic study visits to the following universities were scheduled:
The Federal University of Rio de Janeiro - UFRJ
The Universidade Federal do Estado do Rio de Janeiro (UNIRIO)
The University of São Paulo - USP
The Federal University of Minas Gerais – UFMG
The Federal University of Bahia – UFBA.
The Federal University of Rio Grande do Norte in Natal (UFRN) and
The ELM, the Escola Livre de Música in Unicamp.

I discuss here some general background thinking to the research process, specifically recalling the work of French composer and educator Alain Savouret. I proceed to examine the improvisational spirit, the improvisatory worldmaking approach (the ‘jeitinho brasileiro’) that is often considered to be integral to the Brazilian way of life. In the final part of the article I discuss applied ethnographic methodologies, including the design of questions that were used for over 50 video interviews with Brazilian musicians during the research. I conclude with a final reflection on the video interviews with a specific focus on whether free improvisation can be taught, and the importance of listening in the context of free improvisation practices.

The International Protection of Refugees and Asylum Seekers: the Role of Article 3 of the European Convention on Human Rights

This book presents a comprehensive assessment of regional responses to the crisis in the asylum/refugee system and critically examines how different regions tackle the problem. The chapters consider the fundamental challenges which undermine an effective asylum process as well as regional difficulties with the various circumstances surrounding asylum seekers. With contributions on Africa, Europe, Latin America, South Asia and the Middle East, and the Pacific, the collection strives to appreciate what informs each region’s approach to the asylum process and asks if there are issues common to every region and if regions can learn from one another. The book seeks an understanding of the existing legal regime for the protection of asylum seekers and how regional institutions such as human rights commissions and regional courts enforce and adjudicate the law.