Natasa Mavronicola
Biographic Data
| ID | 5578649 |
|---|---|
| NAME | Natasa Mavronicola |
| GIVEN NAMES | Natasa |
| FAMILY NAME | Mavronicola |
| SIGNATURE | MAVRONICOLA N |
| AFFILIATIONS | University of Birmingham |
| ORCID | 0000-0001-5375-5501 |
| VERIFIED | Yes |
| TOTAL WORKS | 9 |
| TOTAL CITATIONS | 7 |
| WORKS AS AUTHOR | 9 |
| WORKS AS EDITOR | 0 |
| FIRST PUBLICATION YEAR | 2012 |
| LATEST PUBLICATION YEAR | 2025 |
| H-INDEX | 2 |
Challenging punishment as the justice norm in the face of ongoing atrocities
International criminal law constitutes the culmination of the ‘anti-impunity agenda’ within international law, policy, and practice. This agenda, often advanced under the rallying cry of ‘never again’ – a pledge to never let atrocities like those of the Second World War happen again to anyone – is driven by the conviction that criminal sanctions are essential for fulfilling this promise and conveying collective condemnation of such horrors. This …
Torture, Inhumanity and Degradation under Article 3 of the ECHR
This book theorises and concretises the idea of ‘absolute rights’ in human rights law with a focus on Article 3 of the European Convention on Human Rights (ECHR). It unpacks how we might understand what an ‘absolute right’ is and considers how such a right’s delimitation may remain faithful to its absolute character. From these starting points it examines how, as a matter of principle, the right not to be subjected to torture or inhuman or degrad…
Is the Prohibition Against Torture and Cruel, Inhuman and Degrading Treatment Absolute in International Human Rights Law? A Reply to Steven Greer
In a recent article, Steven Greer questions whether the prohibition of torture and cruel, inhuman and degrading treatment is really 'absolute' in international human rights law, and argues that it is not. In this piece, I consider Greer's arguments against the absolute character of the prohibition at law, and find them wanting. In doing so, I clarify what the legal prohibition's absolute character entails, and what it does not, addressing misconc…
Taking Life and Liberty Seriously
What is the relationship between the right to life and criminal liability, and what should it be, given the significance we rightly attribute both to human life and to human freedom? This article explores the circumstances in which the European Court of Human Rights imposes a positive obligation to criminalise and pursue criminal forms of redress, and concludes that the Court's doctrine carries the potential of both coercive overreach and dilutio…
Crime, Punishment and Article 3 ECHR
Article 3 of the European Convention on Human Rights (ECHR), which provides that ‘[n]o 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…
Inhuman and Degrading Punishment, Dignity, and the Limits of Retribution
The recent judgment of the Grand Chamber of the E uropean Court of Human Rights ( ECtHR ) in Vinter and others v U nited K ingdom provides a much needed clarification of the parameters of the prohibition on inhuman and degrading punishment under Article 3 of the E uropean Convention on Human Rights ( ECHR ) as it applies to whole life orders of imprisonment under mandatory life sentences – essentially, life imprisonment without parole. The Grand …
Relatively Absolute? The Undermining of A rticle 3 ECHR in A hmad v UK
The recent decision of the E uropean C ourt of H uman R ights in A hmad v UK dangerously undermines the well‐established case law of the C ourt on counter‐terrorism and non‐refoulement towards torture, inhuman and degrading treatment or punishment. Although ostensibly rejecting the ‘relativist’ approach to A rticle 3 ECHR adopted by the H ouse of L ords in W ellington v S ecretary of S tate for the H ome D epartment , the C ourt appeared to accep…
G üler and Ö ngel v T urkey
This article discusses the discourse on the justified use of force in the S trasbourg C ourt's analysis of Article 3. With particular focus on the judgment in G üler and Ö ngel v T urkey , 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 discou…
What is an 'absolute right'? Deciphering Absoluteness in the Context of Article 3 of the European Convention on Human Rights
The answer to the question of what it means to say that a right is absolute is often taken for granted, yet still sparks doubt and scepticism. This article investigates absoluteness further, bringing rights theory and the judicial approach on an absolute right together. A theoretical framework is set up that addresses two distinct but potentially related parameters of investigation: the first is what I have labelled the 'applicability' criterion,…
What is an 'absolute right'? Deciphering Absoluteness in the Context of Article 3 of the European Convention on Human Rights
The answer to the question of what it means to say that a right is absolute is often taken for granted, yet still sparks doubt and scepticism. This article investigates absoluteness further, bringing rights theory and the judicial approach on an absolute right together. A theoretical framework is set up that addresses two distinct but potentially related parameters of investigation: the first is what I have labelled the 'applicability' criterion,…
Relatively Absolute? The Undermining of A rticle 3 ECHR in A hmad v UK
The recent decision of the E uropean C ourt of H uman R ights in A hmad v UK dangerously undermines the well‐established case law of the C ourt on counter‐terrorism and non‐refoulement towards torture, inhuman and degrading treatment or punishment. Although ostensibly rejecting the ‘relativist’ approach to A rticle 3 ECHR adopted by the H ouse of L ords in W ellington v S ecretary of S tate for the H ome D epartment , the C ourt appeared to accep…
G üler and Ö ngel v T urkey
This article discusses the discourse on the justified use of force in the S trasbourg C ourt's analysis of Article 3. With particular focus on the judgment in G üler and Ö ngel v T urkey , 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 discou…
What is an 'absolute right'? Deciphering Absoluteness in the Context of Article 3 of the European Convention on Human Rights
The answer to the question of what it means to say that a right is absolute is often taken for granted, yet still sparks doubt and scepticism. This article investigates absoluteness further, bringing rights theory and the judicial approach on an absolute right together. A theoretical framework is set up that addresses two distinct but potentially related parameters of investigation: the first is what I have labelled the 'applicability' criterion,…
Relatively Absolute? The Undermining of A rticle 3 ECHR in A hmad v UK
The recent decision of the E uropean C ourt of H uman R ights in A hmad v UK dangerously undermines the well‐established case law of the C ourt on counter‐terrorism and non‐refoulement towards torture, inhuman and degrading treatment or punishment. Although ostensibly rejecting the ‘relativist’ approach to A rticle 3 ECHR adopted by the H ouse of L ords in W ellington v S ecretary of S tate for the H ome D epartment , the C ourt appeared to accep…
G üler and Ö ngel v T urkey
This article discusses the discourse on the justified use of force in the S trasbourg C ourt's analysis of Article 3. With particular focus on the judgment in G üler and Ö ngel v T urkey , 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 discou…
Inhuman and Degrading Punishment, Dignity, and the Limits of Retribution
The recent judgment of the Grand Chamber of the E uropean Court of Human Rights ( ECtHR ) in Vinter and others v U nited K ingdom provides a much needed clarification of the parameters of the prohibition on inhuman and degrading punishment under Article 3 of the E uropean Convention on Human Rights ( ECHR ) as it applies to whole life orders of imprisonment under mandatory life sentences – essentially, life imprisonment without parole. The Grand …
Crime, Punishment and Article 3 ECHR
Article 3 of the European Convention on Human Rights (ECHR), which provides that ‘[n]o 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…
Is the Prohibition Against Torture and Cruel, Inhuman and Degrading Treatment Absolute in International Human Rights Law? A Reply to Steven Greer
In a recent article, Steven Greer questions whether the prohibition of torture and cruel, inhuman and degrading treatment is really 'absolute' in international human rights law, and argues that it is not. In this piece, I consider Greer's arguments against the absolute character of the prohibition at law, and find them wanting. In doing so, I clarify what the legal prohibition's absolute character entails, and what it does not, addressing misconc…
Taking Life and Liberty Seriously
What is the relationship between the right to life and criminal liability, and what should it be, given the significance we rightly attribute both to human life and to human freedom? This article explores the circumstances in which the European Court of Human Rights imposes a positive obligation to criminalise and pursue criminal forms of redress, and concludes that the Court's doctrine carries the potential of both coercive overreach and dilutio…
Torture, Inhumanity and Degradation under Article 3 of the ECHR
This book theorises and concretises the idea of ‘absolute rights’ in human rights law with a focus on Article 3 of the European Convention on Human Rights (ECHR). It unpacks how we might understand what an ‘absolute right’ is and considers how such a right’s delimitation may remain faithful to its absolute character. From these starting points it examines how, as a matter of principle, the right not to be subjected to torture or inhuman or degrad…
Challenging punishment as the justice norm in the face of ongoing atrocities
International criminal law constitutes the culmination of the ‘anti-impunity agenda’ within international law, policy, and practice. This agenda, often advanced under the rallying cry of ‘never again’ – a pledge to never let atrocities like those of the Second World War happen again to anyone – is driven by the conviction that criminal sanctions are essential for fulfilling this promise and conveying collective condemnation of such horrors. This …
Human rights (8 works) · Law (8 works) · Political science (8 works) · Sociology (6 works) · Absolute (philosophy) (5 works) · Philosophy (5 works) · Torture, Ethics, and Law (5 works) · Convention (4 works) · Criminal Law and Evidence (4 works) · Epistemology (4 works)