Güler and Öngel v Turkey: Article 3 of the European Convention on Human Rights and Strasbourg's Discourse on the Justified Use of Force

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Güler and Öngel v Turkey: Article 3 of the European Convention on Human Rights and Strasbourg's Discourse on the Justified Use of Force. / Mavronicola, Natasa.

In: Modern Law Review, Vol. 76, No. 2, 01.03.2013, p. 370–382.

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@article{bcf38271a8c44825b93321feff484803,
title = "G{\"u}ler and {\"O}ngel v Turkey: Article 3 of the European Convention on Human Rights and Strasbourg's Discourse on the Justified Use of Force",
abstract = "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 G{\"u}ler and {\"O}ngel 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.",
keywords = "Article 3 ECHR, absolute right, justified use of force, proportionality, dignity, excessive force, agency",
author = "Natasa Mavronicola",
year = "2013",
month = mar,
day = "1",
doi = "10.1111/1468-2230.12016",
language = "English",
volume = "76",
pages = "370–382",
journal = "Modern Law Review",
issn = "0026-7961",
publisher = "Blackwell-Wiley",
number = "2",

}

RIS

TY - JOUR

T1 - Güler and Öngel v Turkey: Article 3 of the European Convention on Human Rights and Strasbourg's Discourse on the Justified Use of Force

AU - Mavronicola, Natasa

PY - 2013/3/1

Y1 - 2013/3/1

N2 - 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.

AB - 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.

KW - Article 3 ECHR

KW - absolute right

KW - justified use of force

KW - proportionality

KW - dignity

KW - excessive force

KW - agency

UR - http://onlinelibrary.wiley.com/doi/10.1111/1468-2230.12016/abstract

U2 - 10.1111/1468-2230.12016

DO - 10.1111/1468-2230.12016

M3 - Article

VL - 76

SP - 370

EP - 382

JO - Modern Law Review

JF - Modern Law Review

SN - 0026-7961

IS - 2

ER -