Crime, Punishment and Article 3 ECHR: Puzzles and Prospects of Applying an Absolute Right in a Penal Context

Article 3 of the European Convention on Human Rights (ECHR), which provides that ‘No one shall be subjected to torture or to inhuman or degrading treatment or punishment’, is considered to enshrine an absolute right. Yet it contains an under-explored element: inhuman and degrading punishment. While torture has been the subject of extensive academic commentary, and inhuman and degrading treatment has been examined to some extent, the prohibition of inhuman and degrading punishment has not been explored in significant depth, in spite of its considerable potential to alter the penal landscape.

This paper elucidates the key doctrinal elements of inhuman and degrading punishment ‘and treatment associated with it’, in the words of the European Court of Human Rights (ECtHR). It addresses a number of ‘puzzles’ or problems which arise in applying the absolute right enshrined in Article 3 of the ECHR to sentencing and imprisonment, clarifies ECtHR doctrine and highlights some of its key implications. Bringing a theoretically informed understanding to bear on the application of Article 3 of the ECHR in a penal context, the paper provides clarity and coherence to a complex and crucial intersection between human rights and penology.

Reva Siegel and the Role of Religion in Constructing the Meaning of ‘Human Dignity

The “religious understanding” of dignity is a topic of considerable complexity and is the subject of extensive scholarship. In this paper, I consider understandings of dignity that are currently under discussion in Roman Catholic circles, not least because Catholic discussions of dignity are often seen as influential in public policy and legal interpretation, directly and indirectly. I shall focus on one relatively neglected issue in legal scholarship: how scholars go about the task of identifying what a particular religion’s understanding of human dignity involves.
To illustrate the methodological problems that such an enterprise raises, I shall take one attempt by a scholar writing in the field of secular legal scholarship to describe Catholic understandings of dignity in the context of abortion and same-sex marriage. The discussion is that of Reva Siegel, an academic lawyer at Yale University; her recent analysis of differing understandings of dignity illustrates some of the issues that arise when the secular scholarly community addresses religious understandings of dignity.

Relationships Between Deprivation and the Self-reported Health of Older People in Northern Ireland

Objectives: There are few studies on relationships between deprivation and the self-reported health of people aged over 64 years, and no studies fully representative of Northern Ireland’s older population. This paper addresses this gap. Methods: Deprivation of older people as reported in the 2001 and 2011 Censuses and the relationship with self-reported health are analyzed over a ten-year span using multilevel modeling. The data are from the Northern Ireland Longitudinal Study (NILS) linked to 2001-11 Census returns. Deprivation measures include housing tenure, property-value, access to a car, educational, employment and area-level income-deprivation. Results: Older people suffering deprivation face a significant health disadvantage over a ten-year time span. Discussion: This health disadvantage is stronger in men than in women, likely due to conservative gender roles prevalent among Northern Ireland’s older population, leading to psychological distress among deprived men. The analysis found strongly significant area-level effects, aggravating the health impact of deprivation.

Distribution of Childhood Health Indices: Associations with Moves along the "Property Ladder"

Background
Childhood deprivation is a major risk to public health. Poor health in the early years accumulates and is expressed in adult health inequalities. The importance of social mobility - moves into and out of poverty or, indeed, change in relative affluence - for child wellbeing is less well understood. Home ownership and house value may serve as a useful measure of relative affluence and deprivation.
Method
Analysis of the Northern Ireland Longitudinal Study dataset focused on cohort members aged 18 and under at the 2001 census and their families. Using housing tenure and house value reported in 2001 and 2011, moves along the “housing ladder” over ten years were identified. Outcome measures were physical disability and mental health status as reported in 2011. Logistic regression models tested if health outcomes varied by upward and downward changes in house value.
Results
After controlling for variations in age, sex, general health and social class, mental health is worse among those who moved to a lower value house. Compared to ‘no change’, those moving from the upper quintile of house value into social renting accommodation were almost six times more likely to report poor mental health (OR 5.90 95% CI 4.52, 7.70). Conversely, those experiencing the greatest upward movement were half as likely to report poor mental health (OR 0.46 95% CI 0.31, 0.68). There were smaller associations between physical health and downward (OR 2.66 95% CI 2.16, 3.27), and upward (OR 0.75 95% CI 0.61, 0.92) moves.
Conclusion
Poor mental health is more strongly associated with declines in living standards than with improvements. The gradient appears at multiple points along this proxy affluence-deprivation spectrum, not only at the extremes. Further research should explore whether circumstances surrounding moves, or change in social position explains the differential association between the health correlates of upward versus downward mobility.

Can virtual environments enhance the learning of historical chronology?

Historical time and chronological sequence are usually conveyed to pupils via the presentation of semantic information on printed worksheets, events being rote-memorised according to date. We explored the use of virtual environments in which successive historical events were depicted as “places” in time–space, encountered sequentially in a fly-through. Testing was via “Which came first, X or Y?” questions and picture-ordering. University undergraduates experiencing the history of an imaginary planet performed better after a VE than after viewing a “washing line” of sequential images, or captions alone, especially for items in intermediate list positions. However, secondary children 11–14 years remembered no more about successive events in feudal England when they were presented virtually compared with either paper picture or 2-D computer graphic conditions. Primary children 7–9 years learned more about historical sequence after studying a series of paper images, compared with either VE or computer graphic conditions, remembering more in early/intermediate list positions. Reasons for the discrepant results are discussed and future possible uses of VEs in the teaching of chronology assessed. Keywords: timeline, chronographics

Organic addittives in zinc electrowinning and electrodeposition of Fe-Mo-P alloys as cathodes for chlorate production

Ce projet de travail est divisé en deux études principales: (a) l’influence des certains additifs organiques sur la consommation d’énergie et la pureté du métal de zinc déposé dans le processus d’extraction électrolytique, et (b) l’électrodéposition des alliages binaires et ternaires de Fe-Mo et Fe-Mo-P sur des substrats d’acier doux afin d’agir comme cathodes pour la production de chlorate. (a) Parmi les sept différents additifs organiques examinés, les sels des liquides ioniques ont réussi à augmenter le rendement du courant jusqu’à 95,1% comparé à 88,7% qui a obtenu à partir de l’électrolyte standard en présence des ions de Sb3+. La réduction maximale de la consommation d’énergie de ~173 kWh tonne-1 a été obtenue en ajoutant de 3 mg dm-3 du chlorure de 1-butyl-3-méthylimidazolium dans le même électrolyte. La teneur en plomb dans le dépôt de zinc est réduite de 26,5 ppm à 5,1-5,6 ppm en utilisant les sels des liquides ioniques. (b) Des différents binaires Fe-Mo et ternaires Fe-Mo-P alliages ont été électrodéposés sur des substrats d’acier doux. Les alliages préparés ont une tenure en Mo entre 21-47 at.% et une tenure en P de 0 à 16 at.%. L’activité électrocatalytique de ces alliages vers la réaction de dégagement d’hydrogène (RDH) a été étudiée dans des solutions de chlorure de sodium. La réduction maximale de la surtension de RDH de ~313 mV a été obtenue par l’alliage ternaire préparé Fe54Mo30P16 par rapport à celle obtenue pour l’acier doux. La rugosité de surface et l’activité intrinsèque des revêtements de Fe-Mo-P peuvent être l’origine du comportement prometteur de ces électrocatalyseurs vers la RDH.

The implementation of an Enterprise Geographical Information System to support Cadastre and Expropriation activities.

The processes of mobilization of land for infrastructures of public and private domain are developed according to proper legal frameworks and systematically confronted with the impoverished national situation as regards the cadastral identification and regularization, which leads to big inefficiencies, sometimes with very negative impact to the overall effectiveness. This project report describes Ferbritas Cadastre Information System (FBSIC) project and tools, which in conjunction with other applications, allow managing the entire life-cycle of Land Acquisition and Cadastre, including support to field activities with the integration of information collected in the field, the development of multi-criteria analysis information, monitoring all information in the exploration stage, and the automated generation of outputs. The benefits are evident at the level of operational efficiency, including tools that enable process integration and standardization of procedures, facilitate analysis and quality control and maximize performance in the acquisition, maintenance and management of registration information and expropriation (expropriation projects). Therefore, the implemented system achieves levels of robustness, comprehensiveness, openness, scalability and reliability suitable for a structural platform. The resultant solution, FBSIC, is a fit-for-purpose cadastre information system rooted in the field of railway infrastructures. FBSIC integrating nature of allows: to accomplish present needs and scale to meet future services; to collect, maintain, manage and share all information in one common platform, and transform it into knowledge; to relate with other platforms; to increase accuracy and productivity of business processes related with land property management.

An analysis of associations between human resources practices, affective commitment, exhaustion and cynicism of temportary workers

This research examines the relationships between Human Resources Practices (HRP) and affective commitment, exhaustion, and cynicism of temporary workers. Furthermore, voluntariness and tenure with the client organization are assumed in the analysis as moderators. A sample of Temporary Agency workers was surveyed. It was assumed that HRP positively relates with affective commitment, while negatively with exhaustion and cynicism. Results confirmed the proposed relationships. Regarding the moderators, it has been proved that voluntariness partially weakens the relationships between HRP and temporary workers’ outcomes. However, contrary to the hypothesis, this effect cannot be affirmed also for the tenure with the client organization. Previous literature as well as implications of the findings are discussed.

A comparison of life satisfaction, job satisfaction, and happiness using demographic variables

This study examined the interrelationships among life satisfaction, job satisfaction, and happiness and the selected demographic variables of income, age, marital status, education, sex, job tenure, job title, type of school, and location of employment. Survey data were collected from 1,993 elementary, high school, and community college teachers in the southern Ontario area, representing ten public school boards, three Roman Catholic school boards and three community colleges. Several theories were utilized in developing thirteen hypotheses and eleven experimental hypotheses. A thorough review of the literature (to January, 1980) was undertaken and major conclusions noted. Hoppock's (1935) Job Satisfaction Measure, Gurin, Veroff, and Feld's (1960) Happiness Scale, and Converse and Robinson's (1965) Life Satisfaction Scale were used as the instrument. Chi-square analysis was employed as the statistical method. Indicative of the findings: the level of education taught was significantly related to all three organizational variables, sex was unrelated to life satisfaction though positively related to job satisfaction, and income was found not to be related to either happiness or life satisfaction. A minority of findings were contrary to hypothesized relationships. Specifically, age was found to be unrelated to any of the three organizational variables, and educational achievement was not significantly related to happiness. A model was developed to illustrate the interrelationships of the organizational and demographic variables. This model was designed specifically to reflect teacher attitudes, though it may have reasonable application for other relatively homogeneous groups of employees such as nurses, engineers, or social workers.

Agrarian revolution in Central America : a comparison of Nicaragua and Honduras using Jeffery Paige's theory of Agrarian revolution

ABSTRACT In 1979 Nicaragua, under the Sandinistas, experienced a genuine, socialist, full scale, agrarian revolution. This thesis examines whether Jeffery Paige's theory of agrarian revolutions would have been successful in predicting this revolution and ln predicting non-revolution in the neighboring country of Honduras. The thesis begins by setting Paige's theory in the tradition of radical theories of revolution. It then derives four propositions from Paige's theory which suggest the patterns of export crops, land tenure changes and class configurations which are necessary for an agrarian and socialist revolution. These propositions are tested against evidence from the twentieth century histories of economic, social and political change in Nicaragua and Honduras. The thesis concludes that Paige's theory does help to explain the occurrence of agrarian revolution in Nicaragua and non-revolution in Honduras. A fifth proposition derived from Paige's theory proved less useful in explaining the specific areas within Nicaragua that were most receptive to Sandinista revolutionary activity.

Collective violence : a study of the gendered and socio-economic factors behind early modern Italian and English witch hunts

In this study, I build upon my previous research in which I focus on religious doctrine as a gendered disciplinary apparatus, and examine the witch trials in early modem England and Italy in light of socio-economic issues relating to gender and class. This project examines the witch hunts/trials and early modem visual representations of witches, and what I suggest is an attempt to create docile bodies out of members of society who are deemed unruly, problematic and otherwise 'undesirable'; it is the witch's body that is deemed counternormative. This study demonstrates that it is neighbours and other acquaintances of accused witches that take on the role of the invisible guard of Bantham's Panoptic on. As someone who is trained in the study of English literature and literary theory, my approach is one that is informed by this methodology. It is my specialization in early modem British literature that first exposed me to witch-hunting manuals and tales of the supernatural, and it is for this reason that my research commences with a study of representations of witches and witchcraft in early modem England. From my initial exposure to such materials I proceed to examine the similarities and the differences of the cultural significance of the supernatural vis-a.-vis women's activities in early modem Italy. The subsequent discussion of visual representations of witches involves a predominance of Germanic artists, as the seminal work on the discernment of witches and the application of punishment known as the Malleus Meleficarum, was written in Germany circa 1486. Textual accounts of witch trials such as: "A Pitiless Mother (1616)," "The Wonderful Discovery of the Witchcrafts of Margaret and Philippa Flower (1619)," "Magic and Poison: The Trial ofChiaretta and Fedele (circa 1550)", and the "The Case of Benvegnuda Pincinella: Medicine Woman or Witch (1518),"and witchhunting manuals such as the Malleus Melejicarum and Strix will be put in direct dialogue with visual representations of witches in light of historical discourses pertaining to gender performance and gendered expectations. Issues relating to class will be examined as they pertain to the material conditions of presumed witches. The dominant group in any temporal or geographic location possesses the tools of representation. Therefore, it is not surprising that the physical characteristics, sexual habits and social material conditions that are attributed to suspected witches are attributes that can be deemed deviant by the ruling class. The research will juxtapose the social material conditions of suspected witches with the guilt, anxiety, and projection of fear that the dominant groups experienced in light of the changing economic landscape of the Renaissance. The shift from feudalism to primitive accumulation, and capitalism saw a rise in people living in poverty and therefore an increased dependence upon the good will of others. I will discuss the social material conditions of accused witches as informed by what Robyn Wiegman terms a "minoritizing discourse" (210). People of higher economic standing often blamed their social, medical, and/or economic difficulties on the less fortunate, resulting in accusations of witchcraft.

University Faculty Members’ Understanding of Their Role: Identity, Power, and Silence

This qualitative study was conducted to explore tenured faculty members’ understandings of their roles as professors. Tenure is an institutional means to enact academic freedom, which allows tenured faculty members to investigate topics of their choosing free from external influence. Academic freedom also enables faculty members to be public intellectuals who shape and critique social policies and make knowledge assertions. In effect, the faculty members are institutionally protected to speak truth to power. Purposeful sampling of 9 participants from 2 universities yielded 3 major themes: professorial identity (shaped by such factors as career stage, university culture, and faculty affiliation), professorial power (powers that participants experienced as well as the ways in which they exercised power), and professorial silencing (as a response to fiscal realities coupled with numerous governance issues). While participants were cognizant of the powers that affected their freedoms, they were less aware of the ways in which their position afforded them powers. Subtle but more potent forms of power were at play for tenured professors, but the participants saw themselves as having to work within institutional and financial constraints that limited their freedom to speak out on controversial issues. Faculty members were, thus, silenced and at times chose to self-silence. The context of the present-day university, governance models, and the financial issues affecting universities and departments worked in concert to silence this critical voice in society.

Quand les crimes des sous-fifres engagent la responsabilité de leur chef: la doctrine de la responsabilité du supérieur hiérarchique en droit pénal international

Reprinted by permission of Thomson Carswell, a division of Thomson Canada Limited. Un résumé en anglais est également disponible.

Defining the crime of aggression : cutting the Gordian knot ?

"Mémoire présenté à la Faculté des Études supérieures en vue de l'obtention du grade de LL.M. en Maîtrise en droit Option recherche"