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https://openalex.org/W2940183733 | comparative frame analysis of state party reports related to the international covenant on civil and political rights | [
{
"affiliations": [],
"display_name": "Matthew Robert Kafafian",
"id": "https://openalex.org/A5000788234"
}
] | [
{
"display_name": "Human rights",
"id": "https://openalex.org/C169437150"
},
{
"display_name": "International Covenant on Civil and Political Rights",
"id": "https://openalex.org/C2781329779"
},
{
"display_name": "Political science",
"id": "https://openalex.org/C17744445"
},
{
"display_name": "International human rights law",
"id": "https://openalex.org/C86615163"
},
{
"display_name": "Framing (construction)",
"id": "https://openalex.org/C169087156"
},
{
"display_name": "Law",
"id": "https://openalex.org/C199539241"
},
{
"display_name": "Fundamental rights",
"id": "https://openalex.org/C95691615"
},
{
"display_name": "Principle of legality",
"id": "https://openalex.org/C42027317"
},
{
"display_name": "Linguistic rights",
"id": "https://openalex.org/C543595228"
},
{
"display_name": "Right to property",
"id": "https://openalex.org/C22299250"
},
{
"display_name": "Politics",
"id": "https://openalex.org/C94625758"
},
{
"display_name": "International law",
"id": "https://openalex.org/C55447825"
},
{
"display_name": "Geography",
"id": "https://openalex.org/C205649164"
},
{
"display_name": "Archaeology",
"id": "https://openalex.org/C166957645"
}
] | [
"Turkey"
] | [] | https://api.openalex.org/works?filter=cites:W2940183733 | Globalization is characterized by the growing interconnectedness between states and societies, which facilitates transnational flows, networks, and fundamental movements that transform the meaning of nation-states (Aas, 2013: 227). It is important to understand the impact of these processes on international policy and law. One area of international law impacted by globalization are laws pertaining to human rights. These laws have been established in the form of various treaties and human rights institutions, which articulate a global human rights standard. There is much debate about human rights standards, including the charge that these laws propagate western ethnocentric values and that this universal implementation is problematic. This study explores cultural contexts and the implementation of human rights law through a comparative frame analysis of International Covenant on Civil and Political Rights state party reports. This comparative analysis utilizes the most recent state party reports for the United States, Turkey, and Namibia. Findings suggest that these state party reports reflect a process of cultural framing and that the responses within the reports can be characterized as primarily symbolic in nature. It is concluded that differing cultural contexts for each country analyzed produce reports that reflect a legally cynical response to the human rights standards set forth by the ICCPR. | [] |
|
https://openalex.org/W573725639 | Human rights in the Middle East : frameworks, goals, and strategies | [
{
"affiliations": [],
"display_name": "Mahmood Monshipouri",
"id": "https://openalex.org/A5086818737"
}
] | [
{
"display_name": "Human rights",
"id": "https://openalex.org/C169437150"
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{
"display_name": "Right to property",
"id": "https://openalex.org/C22299250"
},
{
"display_name": "Political science",
"id": "https://openalex.org/C17744445"
},
{
"display_name": "International human rights law",
"id": "https://openalex.org/C86615163"
},
{
"display_name": "Linguistic rights",
"id": "https://openalex.org/C543595228"
},
{
"display_name": "Fundamental rights",
"id": "https://openalex.org/C95691615"
},
{
"display_name": "Human rights movement",
"id": "https://openalex.org/C2778698251"
},
{
"display_name": "Middle East",
"id": "https://openalex.org/C3651065"
},
{
"display_name": "Law",
"id": "https://openalex.org/C199539241"
},
{
"display_name": "Hatred",
"id": "https://openalex.org/C2780617971"
},
{
"display_name": "Framing (construction)",
"id": "https://openalex.org/C169087156"
},
{
"display_name": "Politics",
"id": "https://openalex.org/C94625758"
},
{
"display_name": "Political economy",
"id": "https://openalex.org/C138921699"
},
{
"display_name": "Sociology",
"id": "https://openalex.org/C144024400"
},
{
"display_name": "Geography",
"id": "https://openalex.org/C205649164"
},
{
"display_name": "Archaeology",
"id": "https://openalex.org/C166957645"
}
] | [
"Turkey",
"Palestine",
"Gaza",
"Iran",
"United Arab Emirates"
] | [] | https://api.openalex.org/works?filter=cites:W573725639 | PART I: PROBLEMS WITH THE CURRENT FRAMEWORKS Framing the Human Rights Discourse: The Role of Natural Localism and the Power of Paradigm L.Davidson Islam and Human Rights: Ideals and Practices M.Dorraj Human Rights through the Lens of Legal Thought H.Rane Defamation of Religious and Incitement to Religious Hatred in International Human Rights T.Kayaoglu PART II: COMMON GOALS AND CASE STUDIES Human Rights and the Kurdish Question in the Middle East N.Entessar The Janus Nature of Human Rights in Iran: Limited Progress on Human Rights since the Revolution B.Rieffer-Flanagan From Omission to Reluctant Recognition: Political Parties' Approach to Women's Rights in Turkey Z.F.K.Arat Minority Rights and Marginalized Communities in the Middle East M.Monshipouri & J. Whooley Sexual Rights, the Muslim World, and Why Pushing the Envelope is Essential to Human Rights Global Resonance A.T.Chase PART III: STRATEGIES Which Strategies to Improve Human Rights in the Arab World? B.E.Hassan Shrinking Islamist-Secular Divides on Human Rights in the Post-September 11 Era S.Mokhtari Migrant Workers and Their Rights in the United Arab Emirates M.Monshipouri & A.Assareh Health and Human Rights in Palestine: The Siege and Invasion of Gaza and the Role of the Boycott, Divestment and Sanctions Movement J.Ghannam | [] |
|
https://openalex.org/W2246854273 | Substantive Challenges to the Protection of Religious Freedom under the Framework Convention | [
{
"affiliations": [],
"display_name": "Dilek Kurban",
"id": "https://openalex.org/A5066062016"
}
] | [
{
"display_name": "Human rights",
"id": "https://openalex.org/C169437150"
},
{
"display_name": "Freedom of religion",
"id": "https://openalex.org/C2775854416"
},
{
"display_name": "Political science",
"id": "https://openalex.org/C17744445"
},
{
"display_name": "Law",
"id": "https://openalex.org/C199539241"
},
{
"display_name": "Convention",
"id": "https://openalex.org/C2780608745"
},
{
"display_name": "Minority rights",
"id": "https://openalex.org/C2776427498"
},
{
"display_name": "Freedom of association",
"id": "https://openalex.org/C2776301878"
},
{
"display_name": "Democracy",
"id": "https://openalex.org/C555826173"
},
{
"display_name": "Substantive rights",
"id": "https://openalex.org/C2777919471"
},
{
"display_name": "Politics",
"id": "https://openalex.org/C94625758"
},
{
"display_name": "International human rights law",
"id": "https://openalex.org/C86615163"
},
{
"display_name": "Fundamental rights",
"id": "https://openalex.org/C95691615"
},
{
"display_name": "Sociology",
"id": "https://openalex.org/C144024400"
}
] | [
"Turkey"
] | [] | https://api.openalex.org/works?filter=cites:W2246854273 | One of the most significant substantive challenges in the interpretation of the Framework Convention concerns the effective protection of freedom of religion of minorities living in Europe. That the freedom of religion and political rights are among the founding pillars of democratic societies has been emphasized time and again by the European Court of Human Rights (ECtHR). The significance of these rights and freedoms for religious minorities is obvious due to the importance of religion for their identity and existence. However, in an environment where both the definition of minorities and the substantive scope of Articles 7 and 8 of the Framework Convention are subject to debate, the effective protection of minorities’ rights to exercise their religion individually and in association with the others is a major challenge to the work of the Advisory Committee. A discussion of the religious rights and the corollary political rights of minorities in Europe raises at least two critical questions: the personal scope of application of the Framework Convention and the substantive scope of freedom of religion protected under Articles 7 and 8 of the Framework Convention. In other words, which groups should be deemed as religious minorities in this context and what kinds of rights should they be granted to be able to meaningfully exercise their freedom of religion? This chapter draws particular attention to the disconcerting implications of the ECtHR’s judgment in the case of Leyla Sahin v. Turkey for minority protection in Europe, and urge the Advisory Committee to read Strasbourg’s jurisprudence on religious freedom with a grain of salt. | [] |
|
https://openalex.org/W2953745219 | The Incompatibility of the Sharia Law and the Cairo Declaration on Human Rights in Islam with the European Convention on Human Rights | [
{
"affiliations": [
{
"country": "Romania",
"display_name": "Dimitrie Cantemir Christian University",
"id": "https://openalex.org/I129771458",
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"type": "education"
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],
"display_name": "Titus Corlăţean",
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{
"display_name": "Sharia",
"id": "https://openalex.org/C168702047"
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"display_name": "Political science",
"id": "https://openalex.org/C17744445"
},
{
"display_name": "Declaration",
"id": "https://openalex.org/C138147947"
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{
"display_name": "Convention",
"id": "https://openalex.org/C2780608745"
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{
"display_name": "International human rights law",
"id": "https://openalex.org/C86615163"
},
{
"display_name": "Islam",
"id": "https://openalex.org/C4445939"
},
{
"display_name": "Sources of law",
"id": "https://openalex.org/C140280474"
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{
"display_name": "International law",
"id": "https://openalex.org/C55447825"
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{
"display_name": "Philosophy",
"id": "https://openalex.org/C138885662"
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{
"display_name": "Theology",
"id": "https://openalex.org/C27206212"
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] | [
"Turkey",
"Palestine",
"Jordan",
"Morocco"
] | [
"https://openalex.org/W3173328116"
] | https://api.openalex.org/works?filter=cites:W2953745219 | The Resolution 2253 (2019) of the Parliamentary Assembly of the Council of Europe deals with the question if the Sharia law (“Islamic law”) and the 1990 Cairo Declaration on Human Rights in Islam are compatible with the European Convention on Human Rights. This question was raised within the context of the endorsement of the Cairo Declaration by three member states of the Council of Europe, states that also ratified the European Convention upon their accession to the Council of Europe (Albania, Azerbaijan, Turkey). The same question is relevant also for Russia and Bosnia and Herzegovina, but also for Jordan, Kyrgyzstan, Morocco and Palestine, whose parliaments enjoy partner for democracy status with the Parliamentary Assembly of the Council of Europe. The European Court of Human Rights (the Grand Chamber) had already in 2003 the opportunity to give an answer to the above mentioned question: it “concurs in the Chamber’s view that Sharia is incompatible with the fundamental principles of democracy, as set forth in the Convention.” Based on its own assessment and a comprehensive report adopted by the Committee on Legal Affairs and Human Rights, the Strasbourg Parliamentary Assembly concludes on the topic that “the various Islamic declarations on human rights..., while being more religious than legal, fail to reconcile Islam with universal human rights, especially insofar as they maintain the Sharia law as their unique source of reference. That includes the 1990 Cairo Declaration on Human Rights in Islam…” This study focuses on the analysis of the Assembly’s report and resolution and also on country specific recommendations. | [
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{
"display_name": "Zenodo (CERN European Organization for Nuclear Research)",
"id": "https://openalex.org/S4306400562",
"type": "repository"
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|
https://openalex.org/W3109519345 | Framing justice claims as legal rights: how law (mis)handles injustices | [
{
"affiliations": [],
"display_name": "Marie-Pierre Granger",
"id": "https://openalex.org/A5037251898"
},
{
"affiliations": [],
"display_name": "Orsolya Salát",
"id": "https://openalex.org/A5050079356"
}
] | [
{
"display_name": "Political science",
"id": "https://openalex.org/C17744445"
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{
"display_name": "Framing (construction)",
"id": "https://openalex.org/C169087156"
},
{
"display_name": "Law",
"id": "https://openalex.org/C199539241"
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{
"display_name": "Human rights",
"id": "https://openalex.org/C169437150"
},
{
"display_name": "Reservation of rights",
"id": "https://openalex.org/C27357055"
},
{
"display_name": "International human rights law",
"id": "https://openalex.org/C86615163"
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{
"display_name": "Right to property",
"id": "https://openalex.org/C22299250"
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{
"display_name": "Structural engineering",
"id": "https://openalex.org/C66938386"
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{
"display_name": "Engineering",
"id": "https://openalex.org/C127413603"
}
] | [
"Turkey"
] | [] | https://api.openalex.org/works?filter=cites:W3109519345 | Scholars disagree as to whether law ought to include justice considerations, and whether it can effectively address injustices, such as misrepresentation, maldistribution or misrecognition, through the conferral and enforcement of legal rights. In this chapter, we address these questions, drawing on research carried in the ETHOS project involving a theoretically informed ‘black-letter’ law analysis of international, European, national and local legal frameworks which regulate voting, housing and education in six European countries (Austria, Hungary, the Netherlands, Portugal, Turkey and the United Kingdom). We outline the relative importance of rights as a vehicle for justice in the European context, before introducing key theoretical debates on the relationship between law and justice, and relevant conceptual features of legal rights, pointing to some of the challenges of framing different justice claims as rights in Europe. We then explore the scope and limits of addressing injustices through invoking and enforcing rights, by analysing how legal systems approach justice claims as legal rights and how they manage the confrontation between competing conceptions or dimensions of justice, expressed as conflicts between rights, between rights and other legally protected interests, between overlapping and competing legal orders, and between law and politics (judicial deference). We conclude on the implications for achieving greater justice in Europe, and in particular the prioritization of certain justice claims, groups, or processes over others. In relation to the rights and policy contexts explored (vote, housing, education), the framing of justice claims as rights serves better the recognitive justice claims of selected groups, but struggled with promoting more equalitarian redistributive justice or challenging institutional obstacle to equal political representation. | [
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https://openalex.org/W317782391 | International Human Rights in the U.S.: A Critique | [
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"display_name": "Rita Maran",
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{
"display_name": "Amnesty",
"id": "https://openalex.org/C2778976748"
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{
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"id": "https://openalex.org/C169437150"
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{
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"id": "https://openalex.org/C17744445"
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{
"display_name": "Human rights education",
"id": "https://openalex.org/C2779100972"
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{
"display_name": "International Covenant on Civil and Political Rights",
"id": "https://openalex.org/C2781329779"
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{
"display_name": "China",
"id": "https://openalex.org/C191935318"
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{
"display_name": "Offensive",
"id": "https://openalex.org/C176856949"
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{
"display_name": "International human rights law",
"id": "https://openalex.org/C86615163"
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{
"display_name": "Sociology",
"id": "https://openalex.org/C144024400"
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{
"display_name": "Right to property",
"id": "https://openalex.org/C22299250"
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{
"display_name": "Economics",
"id": "https://openalex.org/C162324750"
},
{
"display_name": "Management",
"id": "https://openalex.org/C187736073"
}
] | [
"Turkey",
"Tunisia",
"Sudan"
] | [] | https://api.openalex.org/works?filter=cites:W317782391 | Introduction When, in October of 1998, Amnesty International(1) (AI) launched a worldwide campaign focusing on human rights abuses in the United States of America, it came as something of a shock to a public more accustomed to AI campaigns that target other countries. The campaign, for added the U.S. to the list of countries that includes Turkey, China, Sudan, Indonesia, and Colombia, about which Amnesty International has over the years conducted intensive public campaigns. Amnesty International of the USA(2) Executive Director William F. Schulz announced, in launching the campaign in Washington, D.C., that must excise from our public life those manifestations of bias and mistreatment that stain our reputations and soil our souls.(3) The notion that human rights abuses in the U.S. might be the object of an inquiry by a human rights organization that regularly deals with countries whose practices warrant intensive, critical reports proved offensive to some in the U.S. Just after the public release of the book Rights for All, which was published to accompany the U.S. campaign, Representative Tom Lantos, Democrat of California, 12th District, indicated that it was hardly the place of AI to look at human rights in this country, where rights are well known to be highly held and broadly observed. Representative Lantos' concern went to the inappropriateness of putting this country in the same spotlight that is, he believes, more correctly shone on countries like Tunisia or Colombia. The coupling of the good name of Lantos' adopted country with that of repressive states roused the dedicated legislator to sanctimonious outrage. As longtime co-chair of the Congressional Human Rights Caucus of the House of Representatives, Lantos considers himself no stranger to efforts to end abuses of rights in other countries.(4) Coincidentally, Representative Lantos had just weeks earlier sent a special thank-you to AIUSA members in California through his legislative assistant. Hans Hogrefe addressed the organization via e-mail, and called the efforts of the AIUSA groups crucial to passage of the Human Rights Information Act, a House Resolution introduced by Representative Lantos to create a process to review and declassify U.S. documents about human rights violations in Honduras and Guatemala.(5) Reacting to the same campaign from the opposite end of the spectrum, Representative John Conyers, Democrat of Michigan, held hearings in the Detroit City Council concerning abuses of human rights in Michigan's State Prisons. Prisoners' rights advocates, legal experts, and formerly incarcerated women, along with AI representatives from the U.S. and from AI headquarters in London participated in the hearing.(6) In this article, we will consider the three agents in what is here conceptualized as a tripartite relationship: first, Amnesty International, with emphasis on its campaign on the United States; second, salient human rights mechanisms and procedures of the United Nations system as they relate to AI and to the United States; and third, related United States human rights policies, practices, and formal obligations. I. Amnesty International (AI) and Amnesty International USA (AIUSA) AI Historically At the time of AI's founding in 1961, the organization was a first. No other broad-based membership human rights nongovernmental organizations (NGOs) were in existence. AI began its operations modestly and conservatively; it made no statements it could not back up; it attributed no violations that were not well documented; it named no names. AI took the high, dry conservative road, with unassailably correct and accurate statements dealing mainly with human rights violations. One of AI's main purposes was to seek the release of those imprisoned anywhere in the world for their beliefs. Its relatively narrow mandate was limited to civil and political rights; it did not deal directly with economic, social, and cultural rights. … | [
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"display_name": "Social Justice",
"id": "https://openalex.org/S14445259",
"type": "journal"
}
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|
https://openalex.org/W2093441882 | An international minefield | [
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"country": "United Kingdom",
"display_name": "Amnesty International",
"id": "https://openalex.org/I188127544",
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"display_name": "J. P. Welsh",
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{
"affiliations": [],
"display_name": "Adriaan Van Es",
"id": "https://openalex.org/A5027822001"
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"display_name": "Human rights",
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"id": "https://openalex.org/C199539241"
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"id": "https://openalex.org/C138147947"
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{
"display_name": "Political science",
"id": "https://openalex.org/C17744445"
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{
"display_name": "International human rights law",
"id": "https://openalex.org/C86615163"
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{
"display_name": "Torture",
"id": "https://openalex.org/C544040105"
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{
"display_name": "Convention",
"id": "https://openalex.org/C2780608745"
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{
"display_name": "Statute",
"id": "https://openalex.org/C17319257"
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"display_name": "International law",
"id": "https://openalex.org/C55447825"
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{
"display_name": "War crime",
"id": "https://openalex.org/C195064531"
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] | [
"Turkey",
"Sudan",
"Egypt"
] | [
"https://openalex.org/W2050187274",
"https://openalex.org/W2280597451"
] | https://api.openalex.org/works?filter=cites:W2093441882 | Two major international agreements, an anniversary, and a truth commission report dominate the human-rights landscape of 1998. In July, an international diplomatic conference in Rome adopted a statute to create the International Criminal Court, which would try crimes against humanity, consolidating the principles embodied in the tribunals on Yugoslavia and Rwanda. In September, the Convention against Landmines was ratified by Burkina Faso, the 40th state to do so, thus enabling it to come into force in March, 1999. And throughout 1998 the 50th anniversary of the Universal Declaration of Human Rights (which fails on 10 December) has prompted renewed interest and debate in ethics teaching and human-rights principles in medicine and promotion of the declaration by health and human-rights organisations. At a national level, the exhaustive inquiry into human rights violations during the apartheid period in South Africa came to an end in June. Among the many issues examined, the Truth and Reconciliation Commission looked specifically at the role of the health professions in human-rights abuses—a first for such a truth commission. The report was handed to President Mandela on 29 October after last-minute legal appeals by the African National Congress to stop publication failed. The year was also the story of individual doctors: the tragic crash of Swissair 111 on 2 September deprived the human-rights community of Jonathan Mann, whose inspirational role in public health (above all, in AIDS) and in human rights will be greatly missed. Prisoners of conscience Nguyen Dan Que (Vietnam) and Beko Ransome-Kuti (Nigeria) were released from gaol following prolonged campaigning by human-rights organisations. Desi Mendoza (Cuba), has been released from prison whilst serving an 8-year sentence for criticism of the official response to a dengue fever outbreak. He is expecting to go into exile in Spain. However, a rare prosecution of a doctor for human rights violations commenced: a Sudanese doctor working in Scotland was prosecuted for alleged involvement in torture in Sudan; the case continues. Namibia decided to extradite a Rwandan doctor and former political leader to the International Criminal Tribunal on Rwanda in Tanzania. By contrast, the former Bosnian Serb leader and psychiatrist, Dr Karadzic, remained at liberty, beyond the reach of the International Criminal Tribunal on Yugoslavia. The number of prosecutions by the two tribunals remains small. Organisations working with people traumatised by torture campaigned against this abuse on 26 June, the inaugural United Nations day in support of torture victims. A centre for victims of torture in Turkey was closed down by the government just days before the UN day, although it reopened by the end of June. The incident underlined the case for a UN Special Rapporteur on impartiality and integrity of health professionals, as proposed in 1997 by non-governmental organisations and professional bodies. Campaigners against female genital mutilation took heart from the ruling of Egypt's highest court at the end of 1997 to prohibit the practice. This followed a ban imposed by the Egyptian health minister last year, which was subsequently reversed by a lower court. The West African state of Togo announced in late October that it also was banning female genital manipulation. Reports of an alterative non-mutilating ritual as a rite of passage came from Kenya, although this was one small glimmer of hope in a practice otherwise resistant to reform. China and Guatemala both carried out their first executions by lethal injection in 1998 (with China marketing for transplantation only the organs from those prisoners executed by shooting). The Filippino authorities were scheduled to carry out their first lethal injection execution, of a prisoner convicted of rape, in late 1998. In the coming year we can expect a continued growth in human-rights activism in the health professions, an increase in asylum-related health and welfare concerns, and the continuing need to respond to problems created by war, inter-ethnic tension (at the time of writing the conflict in Kosovo remains unresolved), and poverty. It will be a year in which the interdependence between health and human rights, so effectively articulated by Jonathan Mann, will need to be seriously addressed. | [
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"id": "https://openalex.org/S49861241",
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|
https://openalex.org/W2478344522 | Öcalan <i>v</i>. Turkey | [] | [
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] | [
"Turkey"
] | [] | https://api.openalex.org/works?filter=cites:W2478344522 | 30 Human rights — Right to liberty and security — European Convention on Human Rights, 1950 — Article 5(4) — Whether failure to exhaust domestic remedies — Whether lack of remedy by which applicant could have lawfulness of his detention in police custody decided — Article 5(1) — Whether applicant being deprived of liberty unlawfully — Applicant intercepted by Kenyan agents — Applicant arrested and transferred to Turkey by Turkish officials — Whether cooperation between Turkey and Kenya — Whether Turkey acting extraterritorially in manner inconsistent with Kenya’s sovereignty — Whether applicant within jurisdiction of Turkey for purposes of Article 1 of European Convention — Whether applicant’s arrest and detention complying with Turkish law — Article 5(3) — Whether applicant being brought promptly before — Whether Turkey violating Article 5 of European Convention on Human Rights, 1950 Jurisdiction — Extraterritorial jurisdiction — Whether Turkey acting extraterritorially in manner inconsistent with Kenya’s sovereignty — Whether proof in form of concordant inferences — Applicant intercepted by Kenyan agents — Applicant arrested and transferred to Turkey by Turkish officials — Applicant under Turkish authority — Applicant within jurisdiction of Turkey for purposes of Article 1 of European Convention on Human Rights, 1950 — Whether applicant’s arrest and detention complying with Turkish law — Whether cooperation between Turkey and Kenya — Balance between bringing fugitives to justice and protection of individual rights under European Convention — Whether applicant’s right to security under European Convention affected — Whether violation of Article 5(1) of European Convention on Human Rights, 1950 Human rights — Right to a fair trial — European Convention on Human Rights, 1950 — Article 6(1) — Whether Ankara National Security Court independent and impartial — Whether applicant having reasonable concern regarding military judge — Whether proceedings in National Security Court fair — Legal assistance — Applicant’s access to case file — Access by applicant’s lawyers to case file — Whether Turkey violating Article 6 of European Convention on Human Rights, 1950 31 Human rights — Right to life — European Convention on Human Rights, 1950 — Article 2 — Applicant sentenced to death under Article 125 of Turkish Criminal Code — Turkey staying execution at request of European Court of Human Rights pursuant to Rule 39 — Turkey abolishing death penalty in peacetime — Whether implementation of death penalty constituting violation of Article 2 — Whether imposition of death penalty constituting violation of Article 2 — Whether Article 2 should be interpreted as no longer permitting capital punishment — Legal significance of practice of Council of Europe Contracting States as regards death penalty — Whether Turkey violating Article 2 of European Convention on Human Rights, 1950 Human rights — Prohibition of inhuman or degrading treatment or punishment — European Convention on Human Rights, 1950 — Article 3 — Whether implementation of death penalty constituting violation of Article 3 — Whether imposition of death penalty constituting violation of Article 3 — Whether imposition of death penalty following unfair trial amounting to inhuman treatment — Whether applicant’s conditions of detention amounting to inhuman treatment — When transferred from Kenya to Turkey — When in İmralı prison — Whether Turkey violating Article 3 of European Convention on Human Rights, 1950 Treaties — Interpretation — European Convention on Human Rights, 1950, Article 2 — Whether Article 2 should be interpreted as no longer permitting capital punishment — Legal significance of practice of Council of Europe Contracting States as regards death penalty — Whether imposition of death penalty amounting to inhuman and degrading treatment per se — Whether imposition of death penalty violating Article 3 of European Convention on Human Rights, 1950 Terrorism — Threat from terrorism — Relevance — Applicant convicted of terrorism charges in Turkey — Whether relevant to delay in bringing applicant before judge — Whether relevant to assessment of inhuman treatment — Whether relevant to risk of implementation of death sentence — Whether relevant to applicant’s conditions of detention — Balance between State and individual interests — European Convention on Human Rights, 1950 | [
{
"display_name": "International law reports",
"id": "https://openalex.org/S4210207039",
"type": "journal"
}
] |
|
https://openalex.org/W1750996282 | BM’nin İnsan Haklarıyla İlgili İkiz Sözleşmelerine Türkiye’nin Beyan ve Çekinceleri | [
{
"affiliations": [],
"display_name": "Mehmet Dalar",
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}
] | [
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{
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"id": "https://openalex.org/C2781329779"
},
{
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"id": "https://openalex.org/C17744445"
},
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"display_name": "Legislature",
"id": "https://openalex.org/C83009810"
},
{
"display_name": "Human rights",
"id": "https://openalex.org/C169437150"
},
{
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{
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{
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{
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"id": "https://openalex.org/C22299250"
}
] | [
"Turkey"
] | [] | https://api.openalex.org/works?filter=cites:W1750996282 | This study examines reservations and declarations of Turkey to twin covenants of United Nations which are International Covenant on Civil and Political Rights and International Covenant on Economic, SocialandCulturalRights when Turkey become party to them. The study evaluates the reservations and declarations of turkey in respect of international law and human rights criteria. Clarifying the Turkey’s declarations altogether with reservations concerning rights of minorities and education rights enshrined and guaranteed in the covenants this study analyses the legal basis of these reservations and declarations. Also the study appraises the reservations and declarations taking into account the constitutional and legislative amendments made recently in Turkey. | [
{
"display_name": "Abant İzzet Baysal Üniversitesi Sosyal Bilimler Enstitüsü Dergisi",
"id": "https://openalex.org/S2739175555",
"type": "journal"
}
] |
|
https://openalex.org/W270311721 | International and European Standards on Prohibition of Racial Discrimination and Law and Practice in Turkey | [
{
"affiliations": [],
"display_name": "Zeliha Aydin",
"id": "https://openalex.org/A5049010763"
}
] | [
{
"display_name": "Human rights",
"id": "https://openalex.org/C169437150"
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{
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"id": "https://openalex.org/C95691615"
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{
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"id": "https://openalex.org/C86615163"
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{
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"id": "https://openalex.org/C17744445"
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"id": "https://openalex.org/C2910001868"
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"id": "https://openalex.org/C55447825"
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"id": "https://openalex.org/C2780608745"
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{
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"id": "https://openalex.org/C22299250"
},
{
"display_name": "Linguistic rights",
"id": "https://openalex.org/C543595228"
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{
"display_name": "Racism",
"id": "https://openalex.org/C139838865"
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{
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"id": "https://openalex.org/C155202549"
},
{
"display_name": "Business",
"id": "https://openalex.org/C144133560"
}
] | [
"Turkey"
] | [] | https://api.openalex.org/works?filter=cites:W270311721 | The purpose of this paper is to provide a brief discussion of recent developments regarding prohibition of discrimination under the International and European human rights and Turkish legal system. Principle of equality and the right to non-discrimination is among the fundamental human rights. Discrimination is a violation of human rights and fundamental freedoms. Various forms of discrimination are found, based on gender, race, ethnicity, sexual orientation, age, disability and so on. Discrimination has found its place in the history of the world and has caused the most serious destruction. It is obvious that discrimination is not exceptionally happens but it is more common case that occurs in every society in the world. Lessons from history make it clear that the fight against discrimination has a significant importance within Europe. Therefore, the Council of Europe has been established in order to promote and protect human rights and fundamental freedoms. Turkey has a rich cultural, ethnic and religious diversity. Turkey's candidacy to the European Union (EU) has led a great reform process on human rights and democratization. Contrary to the reform process, prohibition of discrimination is not priority and much remains to be done for the fulfillment of the prohibition of discrimination in Turkey regarding International and European standards.Even though, the focus of this thesis will be on the non discrimination provisions of the Council of Europe's human rights instrument, Article 14 of the European Convention of Human rights, non discrimination provisions of the core International Human Rights Instruments will be explored. Regarding human rights instruments of the Council of Europe, this thesis will cover the European Convention on Human Rights and its additional Protocols No.12, the case law of the European Court of Human Rights, the Recommendations of the European Commission against Racism and Intolerance (ECRI), the Framework Convention for the Protection of National Minorities, and finally the European Social Charter. Under the Turkish legal system, non discrimination provisions of the Turkish Constitution, Turkish Penal Code, Labour Law, and Civil and Administrative Law will be evaluated. Furthermore as a candidate state to the European Union, the thesis will give a brief explanation on the scope of the EU anti- Discrimination Law and its possible effects on the Turkish legal system. And as a conclusion, the thesis will recommend possible measures for the fulfillment of the prohibition of discrimination in Turkey. | [] |
|
https://openalex.org/W3012257860 | The safe third country principle and the EU/Turkey deal : To what extent is the current application of the safe third country concept under EU law in compliance with international human rights law? | [
{
"affiliations": [],
"display_name": "Felix Peerboom",
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] | [
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"id": "https://openalex.org/C169437150"
},
{
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"id": "https://openalex.org/C55447825"
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{
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"id": "https://openalex.org/C17744445"
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{
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"id": "https://openalex.org/C199539241"
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{
"display_name": "European union",
"id": "https://openalex.org/C2910001868"
},
{
"display_name": "Refugee",
"id": "https://openalex.org/C173145845"
},
{
"display_name": "International human rights law",
"id": "https://openalex.org/C86615163"
},
{
"display_name": "CLARITY",
"id": "https://openalex.org/C2777146004"
},
{
"display_name": "Refugee law",
"id": "https://openalex.org/C2777251787"
},
{
"display_name": "Order (exchange)",
"id": "https://openalex.org/C182306322"
},
{
"display_name": "Municipal law",
"id": "https://openalex.org/C8705443"
},
{
"display_name": "Law and economics",
"id": "https://openalex.org/C190253527"
},
{
"display_name": "Business",
"id": "https://openalex.org/C144133560"
},
{
"display_name": "International trade",
"id": "https://openalex.org/C155202549"
},
{
"display_name": "Sociology",
"id": "https://openalex.org/C144024400"
},
{
"display_name": "Biochemistry",
"id": "https://openalex.org/C55493867"
},
{
"display_name": "Chemistry",
"id": "https://openalex.org/C185592680"
},
{
"display_name": "Finance",
"id": "https://openalex.org/C10138342"
}
] | [
"Turkey"
] | [] | https://api.openalex.org/works?filter=cites:W3012257860 | In response to the recent so-called ‘’refugee-crisis’’ the EU has tried to intensify its cooperation with Turkey, in order to try and limit the number of migrants gaining access to Union territory. This cooperation has most prominently been given shape through the EU-Turkey statement, commonly referred to as the EU-Turkey deal. This deal allows EU Member States to return all irregular migrants – including refugees – which have entered Greece from Turkey after the 20th of March 2016 to Turkey. The EU argues that this is permitted because in its eyes Turkey can be considered as a ‘safe’ country for all persons returned to it. This mechanism of the deal functions on the basis of a legal notion known as the ‘’Safe Third Country’’ (STC) concept. With the purpose of providing more clarity on the legal application of this concept, in this thesis it is investigated how the concept is interpreted under both international human rights law and European Asylum law and what requirements these areas of the law establish for its application. This must be done in order to find out to what extend the application of the STC concept by the EU – with a particular focus on the EU-Turkey deal - complies with international human rights law. In this thesis it will be shown that both international human rights law and European Asylum law actually set very similar requirements for the legal application of the STC concept. Both areas of law demand that the person returned is offered the opportunity to apply for international protection in the state that he/she is being returned to and that he/she is awarded with the protection of the principle of non-refoulement and the other protections contained in the Refugee Convention, the Protocol and relevant human rights documents. After establishing this, it will be shown that while in theory the European rules on the application of the STC concept are generally in compliance with international human rights law, things are rather different for the practical application of the concept. Based on a case study of returns of migrants to Turkey under the EU-Turkey deal it will be concluded that the practical application of the STC concept in the EU is at present not in accordance with the requirements set by international human rights law nor with those set by European Asylum law. | [] |
|
https://openalex.org/W3121594822 | Human rights at the margin : an analysis of Turkey's post-coup derogation measures | [
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"affiliations": [],
"display_name": "Emre Turkut",
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] | [
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{
"display_name": "State of emergency",
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{
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"id": "https://openalex.org/C17744445"
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"display_name": "Turkish",
"id": "https://openalex.org/C2781121862"
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{
"display_name": "Politics",
"id": "https://openalex.org/C94625758"
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{
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"id": "https://openalex.org/C2776996248"
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{
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"id": "https://openalex.org/C55447825"
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{
"display_name": "Dismissal",
"id": "https://openalex.org/C2778145024"
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{
"display_name": "International human rights law",
"id": "https://openalex.org/C86615163"
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{
"display_name": "Right to property",
"id": "https://openalex.org/C22299250"
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{
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"id": "https://openalex.org/C41895202"
},
{
"display_name": "Philosophy",
"id": "https://openalex.org/C138885662"
}
] | [
"Turkey"
] | [] | https://api.openalex.org/works?filter=cites:W3121594822 | On 15 July 2016, an attempted military coup took place in Turkey, which sent a shockwave through Turkish society, and plunged the country into a nationwide state of emergency. Relying on derogation clauses under the European Convention on Human Rights (ECHR) and the International Covenant on Civil and Political Rights (ICCPR), the Turkish Government suspended a broad range of human rights and promulgated numerous emergency decrees providing for mass detentions, massive dismissal and broad institutional closures. Over the two-year emergency rule, the Turkish Government targeted a wide swath of Turkish society, instigated a harsh crackdown on perceived political opponents and stifled all forms of dissent.
This doctoral thesis provides an in-depth examination of Turkey’s post-coup derogation measures primarily from an international (human rights law) perspective. It first sketches the broader historical experience(s) of Turkey with state of emergency practices, so as to gain insight into the extent to which such practice is part and parcel of Turkey’s political tradition and legal order (Part I). It then asks two central questions. First, from a more positivist perspective, it examines in a comprehensive manner to what extent the Turkish emergency measures are compatible with international law, in particular with international human rights law. Testing three most problematic features of Turkey’s post-coup emergency rule (the collective dismissals of public servants, the detention and arrest of hundreds of thousands of individuals, and the impact of the derogation measures on the Kurdish people in Turkey) against the state’s obligations under the ECHR and ICCPR (Part II), it finds that Turkey adopted a ‘shotgun’ approach to human rights curtailment, which involved severe repression based, in many cases, on a tenuous or very remote connection with the raison d’etre of the state of emergency. A separate part explores the impact of the post-coup emergency rule on the Turkish legal order, particularly focusing on the old but thorny question of proper judicial scrutiny and review in times of emergency (Part III).
Second, from a critical and empirical point of view, it investigates what broader lessons can be drawn from the Turkish case study to address the operation and fallacies of the contemporary human rights regime and to design a better-equipped human rights regime for emergencies. It finds that the Turkish post-coup derogation case highlights several key weaknesses in the international protection of human rights during emergencies. In light hereof, the thesis offers a new and original proposal that can be termed as “consultation and cooperation process” which places the Secretary General of the Council of Europe in a more active and operationally focused position in the ambit of derogation to influence state decisions, to counterbalance the increased leeway accorded to derogating states and to formulate safeguards to mitigate human rights abuses (Part IV).
The conclusion finally provides a helicopter view of the thesis particularly following its main conclusions, i.e. three natures of states of emergency (‘trans-temporal’, ‘corrosive’ and ‘transformative’) as derived from the Turkish post-coup case study. It also sets out some general recommendations with a view to improving the effectiveness of the existing international legal framework in the protection of human rights during emergencies. | [] |
|
https://openalex.org/W2909772841 | İşyerinde işçiye yönelik pskolojik saldırılar | [
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{
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{
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"id": "https://openalex.org/C86615163"
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{
"display_name": "Sociology",
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{
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{
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{
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{
"display_name": "Intellectual property",
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{
"display_name": "Library science",
"id": "https://openalex.org/C161191863"
},
{
"display_name": "Computer science",
"id": "https://openalex.org/C41008148"
}
] | [
"Turkey"
] | [] | https://api.openalex.org/works?filter=cites:W2909772841 | The subject and the purpose of this study is to examine how the moral rights of empleyees are assaulted and violated in work places and organizations; and cosequently to determine the preventive aspects of the individual and legal rights of the victims. The study attemps to cover the contents of moral rights as they are indispensible body of employees' individual rights. The study also reveals the legal arrangements in Turkish Labour Law as well as foreign and intemationallaws. In comparison to Turkish and foreign laws in terms of working relations, it has been concluded that Turkish laws have some constraints and limitations to arrange individual and moral rights. Due to the fact that Turkish Labour Law is missing some detailed arrangements and legal protections, the moral rights of employees are often assaulted, abused or violated in businesses and organizations. As a result of our exploration, we have concluded that the assaults and abuses to the moral rights reveal different practices in different countries and societies based on social values and technological improvements. Due to this rapid changes in societies the legal arrangements and preventions are not sufficent enough to secure the individual and moral rights of employees. | [] |
|
https://openalex.org/W2956600845 | Examining the Condition of Alevis in Turkey in Light of the Freedom of Religion and Conscience and Religious Minority Rights in International Law | [
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"display_name": "İsmail Kurun",
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{
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{
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"id": "https://openalex.org/C86615163"
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{
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"id": "https://openalex.org/C17744445"
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{
"display_name": "Freedom of thought",
"id": "https://openalex.org/C2779759067"
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{
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"id": "https://openalex.org/C2780339416"
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{
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] | [
"Turkey"
] | [
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] | https://api.openalex.org/works?filter=cites:W2956600845 | Freedom of religion and conscience is regarded among one of the human rights in international documents signed or declared after the World War II. In this paper I investigate from a legal perspective whether the freedom of religion and conscience and religious minority rights that Alevis enjoy in Turkey are in line with the standards in relevant international documents. Therefore I firstly examine the relevant articles in international documents on the freedom of religion and conscience and religious minorities rights such as the Universal Declaration of Human Rights (1948), International Covenant on Civil and Political Rights (1966), the UN Declaration on the Elimination of All Forms of Intolerance and Discrimination Based on Religion or Belief (1981), Framework Convention for the Protection of National Minorities (1998), and a prominent ruling of the European Court of Human Rights. Then, in light of these documents, I critically assess the condition of Alevis in Turkey from a legal perspective. I eventually concluded that Turkish laws and legislation, as well as official practices in Turkey, fail in three major areas to meet the standards of freedom of religion and religious minority rights in international documents. | [
{
"display_name": "IAU International Journal of Social Sciences",
"id": "https://openalex.org/S2764521051",
"type": "journal"
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] |
|
https://openalex.org/W3165571130 | The Right to a Fair Trial in the Mirror of the European Court of Human Rights, Relying on Abdullah Ocalan’s Case | [
{
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"display_name": "Zahra Hajipour",
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] | [
"Turkey"
] | [] | https://api.openalex.org/works?filter=cites:W3165571130 | The right to a fair trial as a procedural right contains a set of guarantees to protect the rights of the defendant in hearing. This right is mentioned in many international instruments. The European convention on human rights, among these instruments, has particular importance because of its special features. The judgment of the European court of human rights on the case of Abdullah Ocalan, is one of the important judgments of the court in this regard. Abdullah Ocalan, the leader and founder of the Kurdistan Workers' Party were sentenced to life imprisonment by the Turkish national security court on charges of separatism and leadership of terrorist groups on October 2002. For breach of some articles of the convention, Ocalan’s case brought in the court against the republic of turkey on February 1999. In this case the court ruled that the right to a fair trial in Ocalan’s trial was breached by Turkish national security court and considered retrial as an appropriate way of redressing the violation. Regarding the judgement of European court to retrial Ocalan as well as Ocalan’s request, turkey denied judgement of European court. Given the importance of this right and the case, this article with analyzing the judgement of European court will try to determine the right to a fair trial in the Ocalan’s trial at the Turkish national security court. | [
{
"display_name": "Journal of Legal Research",
"id": "https://openalex.org/S4210180624",
"type": "journal"
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|
https://openalex.org/W3109665086 | Mehmet Gün (2020) Turkey’s Middle-Democracy Issues and How to Solve Them: Judiciary, Accountability and Fair Representation | [
{
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"display_name": "European union",
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{
"display_name": "Economic policy",
"id": "https://openalex.org/C105639569"
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] | [
"Turkey"
] | [] | https://api.openalex.org/works?filter=cites:W3109665086 | This is a book review on Mehmet Gün, Turkey’s Middle-Democracy Issues and How to Solve Them: Judiciary, Accountability and Fair Representation. For many years, Turkey has had a poor record as regards human rights. Despite Turkey being a signatory to international conventions on human rights it has not consistently safeguarded these rights. Turkey made some progress by introducing reforms that began with the European Union (EU) accession process initiated in 1999. This process ushered in harmonisation laws and implementation of judgments of the European Court of Human Rights (ECtHR) that led to developments on the normative level. However, these changes were not sufficiently put into practice or adopted by public mechanisms. | [
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"type": "journal"
},
{
"display_name": "RePEc: Research Papers in Economics",
"id": "https://openalex.org/S4306401271",
"type": "repository"
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] |
|
https://openalex.org/W89275923 | The role of NGOs in dissemination and advocacy of human rights in Turkey | [
{
"affiliations": [],
"display_name": "Merve Tiryakioğlu",
"id": "https://openalex.org/A5024941380"
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] | [
{
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"id": "https://openalex.org/C169437150"
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{
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"id": "https://openalex.org/C17744445"
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{
"display_name": "Negotiation",
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{
"display_name": "European union",
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{
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"id": "https://openalex.org/C86615163"
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{
"display_name": "Civil society",
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{
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"display_name": "International trade",
"id": "https://openalex.org/C155202549"
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{
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{
"display_name": "Computer science",
"id": "https://openalex.org/C41008148"
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] | [
"Turkey"
] | [] | https://api.openalex.org/works?filter=cites:W89275923 | The purpose of this thesis is to assess the role played by NGOs related to human rights in Turkey. The reason to choose Turkey as a case study is because Turkey is a developing country and one of the strongest democracies in its region. Despite the fact that there are many arguments about its membership, it is the only Muslim and geographically Oriental country that has been an official candidate for the European Union. Nevertheless, human rights is a conflictual subject in its history and present. The interviews conducted with some national and international NGOs active in the field which put leverage on the state to change restrictive regulations showed that, they are playing important role in the human rights area with their advocacy, service delivery or monitoring missions. However, their relationship with the state and with each other still remains problematic due to an institutional culture which lacks trust and collaborative tendencies. The future of the role that NGOs will play in the area related to human rights will depend on trust building and mutual understanding among civil society, the state and its citizens. A reconciliation process through conflict transformation is needed to reconstruct a healthy relationship. The ongoing negotiation process with the European Union also provides motivation for Turkey to harmonise its value system, legislation and implementation related to human rights. | [] |
|
https://openalex.org/W2254235541 | Duration of detention and right to trial within a reasonable time in scope of european court of human rights | [
{
"affiliations": [],
"display_name": "Erdem İzzet Külçür",
"id": "https://openalex.org/A5049039732"
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] | [
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{
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"id": "https://openalex.org/C17744445"
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{
"display_name": "Convention",
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{
"display_name": "Right to a fair trial",
"id": "https://openalex.org/C2777803007"
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{
"display_name": "Remand (court procedure)",
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{
"display_name": "Fundamental rights",
"id": "https://openalex.org/C95691615"
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{
"display_name": "International law",
"id": "https://openalex.org/C55447825"
},
{
"display_name": "Supreme court",
"id": "https://openalex.org/C2778272461"
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] | [
"Turkey"
] | [
"https://openalex.org/W567844242",
"https://openalex.org/W603470026",
"https://openalex.org/W2153376849",
"https://openalex.org/W2750701220",
"https://openalex.org/W3123908706"
] | https://api.openalex.org/works?filter=cites:W2254235541 | In this study, right to trial within a reasonable time is addressed and reviewed with its theory and brief history, aspects in both foreign law systems and domestic law as comparatively, provisions under both European Convention on Human Rights and national law, recent developments in Turkish law, practice in the light of outstanding and prominent decisions of the European Court of Human Rights. It also deals with the compatibility of Turkish Law practice in particular pertaining to criminal proceedings and detention on remand. It has been touched on right to a fair trial, enshrined in European Convention on Human Rights, during the study as well due to the fact that both rights have developed together. That ECtHR’s decisions finding violation against Turkey are mostly related to right to trial within a reasonable time shows importance of the matter. | [] |
|
https://openalex.org/W4320154382 | Minimum standards and essential needs in the protection of Syrian refugees in Turkey | [
{
"affiliations": [
{
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"display_name": "Istanbul University",
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"display_name": "Joanna Kuruçaylıoğlu",
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{
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{
"display_name": "International Covenant on Civil and Political Rights",
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"display_name": "Family reunification",
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{
"display_name": "Constitution",
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{
"display_name": "Freedom of movement",
"id": "https://openalex.org/C2778605688"
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{
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{
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{
"display_name": "Immigration",
"id": "https://openalex.org/C70036468"
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] | [
"Turkey",
"Syria"
] | [] | https://api.openalex.org/works?filter=cites:W4320154382 | UNHCR Executive Committee resolutions had recognized the rights of refugees and asylum seekers in mass influx and many bilateral international conventions, treaties, and agreements. The following rights have also emerged within UNHCR Executive Committee decisions, international human rights law, and international law. The significant central rights and the principle of law towards refugee and asylum seekers which are considered as the minimum standards are: 1) non-refoulement principles, 2) right to life, 3) right to protection from torture and cruel, inhuman, or degrading treatment or punishment, 4) provision of an individual legal status, 5) right to asylum, 6) prohibition of discrimination, 7) right to liberty and security of person, 8) freedom of residence and movement, 9) family reunification, 10) right to an adequate standard of living, and 11) right to adequate housing. Until September 2020, Turkey had been a host country for 3,621,968 Syrian refugees1 who are located in eighty-one cities. Turkey applies the family reunification policy towards the refugees. However, because of the large number of Syrians, Turkish authorities struggle with providing adequate living and housing standards. Thus, the article will elaborate on the most crucial elements from the humanitarian point of view, that is family reunification, right to an adequate standard of living, and right to acceptable housing standards applied towards the Syrian refugees in Turkey in virtue of the Constitution of the Republic of Turkey (1982), Law on Foreigners and International Protection No. 6458 of 2013, and Temporary Protection Regulation (2014). | [
{
"display_name": "Studia Administracyjne",
"id": "https://openalex.org/S4210197464",
"type": "journal"
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] |
|
https://openalex.org/W4200488405 | Protection of children's rights in Ukraine, Azerbaijan and Turkey | [
{
"affiliations": [],
"display_name": "A. A. Omarova",
"id": "https://openalex.org/A5019234702"
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] | [
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{
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{
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{
"display_name": "Human rights",
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{
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"id": "https://openalex.org/C86615163"
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{
"display_name": "Economic growth",
"id": "https://openalex.org/C50522688"
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{
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{
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{
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"id": "https://openalex.org/C162324750"
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] | [
"Turkey"
] | [] | https://api.openalex.org/works?filter=cites:W4200488405 | One of the most pressing issues in the world today is the protection of children's rights. A major event in this area was the adoption of the 1989 UN Convention on the Rights of the Child. At the time of the development and adoption of the Convention, Ukraine and Azerbaijan were part of the USSR. However, the Ukrainian SSR, unlike the Azerbaijani SSR, was the primary founding member of the United Nations and therefore participated in the development and adoption of the UN Convention on the Rights of the Child, like Turkey, whose observers also participated in this process. This article examines the participation of Ukraine, Azerbaijan and Turkey in the development and adoption of the 1989 UN Convention on the Rights of the Child. However, the adoption and ratification of the Convention is only the first step in the realization of children's rights at the national level. The national special laws of Ukraine, Azerbaijan and Turkey in the field of protection of children's rights are also studied. This article concludes on the different direction of the special laws of these countries. Moreover, there are some differences in the content of the laws, namely some of them includes not only rights, but also the duties of the child. The state of protection of children's rights in Ukraine, Azerbaijan and Turkey is a priority and urgent issue in the state policy of these countries and needs to be improved. The conclusions provide recommendations for improving the legislation of these countries. | [
{
"display_name": "Problems of Legality",
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"type": "journal"
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{
"display_name": "Zenodo (CERN European Organization for Nuclear Research)",
"id": "https://openalex.org/S4306400562",
"type": "repository"
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] |
|
https://openalex.org/W2245392523 | Strasbourg Court Jurisprudence and Human Rights in Turkey:An Overview of Litigation, Implementation and Domestic Reform | [
{
"affiliations": [],
"display_name": "Dilek Kurban",
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{
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{
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{
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{
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{
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{
"display_name": "Economic policy",
"id": "https://openalex.org/C105639569"
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] | [
"Turkey"
] | [
"https://openalex.org/W569714377",
"https://openalex.org/W2540395738"
] | https://api.openalex.org/works?filter=cites:W2245392523 | The central research question this report addresses is whether and if so to what extent the ECHR and the ECtHR case law served to enhance the protection in Turkey of human rights in general and minority rights in particular. In doing so, the critical role the EU accession process has played in this regard by exerting external political pressure on the Turkish Government will be evaluated as a major positive variable. The report assesses the nature of claims raised by minorities and minority rights advocates. It seeks to offer an initial analysis of the efforts by authorities to implement the ECtHR case law through general and individual measures | [] |
|
https://openalex.org/W613800921 | Human Rights in Foreign Policy: The Case of Turkey | [
{
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"display_name": "Nezir Akyeşilmen",
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] | [
{
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{
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{
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{
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{
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{
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"id": "https://openalex.org/C138921699"
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{
"display_name": "International relations",
"id": "https://openalex.org/C34355311"
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{
"display_name": "Development economics",
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{
"display_name": "Psychology",
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{
"display_name": "Psychiatry",
"id": "https://openalex.org/C118552586"
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] | [
"Turkey"
] | [] | https://api.openalex.org/works?filter=cites:W613800921 | This study argues that since the transition to democracy Turkey's foreign policy has gradually shifted from a traditional realpolitic understanding , to human rights understanding, as well as accepting international and regional patrolling of its domestic human rights situation. Turkey has traditionally been viewed human rights with suspicious as a means for foreign intervention in domestic affairs. However, as Turkey has democratized the engagement with human rights has increased. The EU membership process, zero problems with neigbours, pecae process regarding the Kurdish question, legal and political reforms in recent years and active foreign policy in the Middle-east are some examples of the ehgagements. However, Turkey's foreign policy regarding human rights remains unclear with some contradictions. This is because of some internal and external factors, including: continuing human rights violations; slowing down of democratization process; Arab spring in recent years etc. Hence more, Turkey has been quite selective in applying human rights in foreign policy. | [
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|
https://openalex.org/W2625678353 | Collective Social Rights in Turkish Constitutional Law: A Comparative Analysis of Trade Union Rights from the Constitution of 1961 to the Constitution of 1982 | [
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"display_name": "Isil Nur Kurnaz",
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{
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{
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"id": "https://openalex.org/C169437150"
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{
"display_name": "Right to property",
"id": "https://openalex.org/C22299250"
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{
"display_name": "Social rights",
"id": "https://openalex.org/C2777671340"
},
{
"display_name": "Collective bargaining",
"id": "https://openalex.org/C2776665811"
}
] | [
"Turkey"
] | [] | https://api.openalex.org/works?filter=cites:W2625678353 | The thesis aims to articulate collective social rights within the Turkish Constitutional History in the light of European Convention of Human Rights and International Labour Organization Standards, in particular Freedom of Association and Protection of the Right to Organise Convention (C87) and Right to Organise and Collective Bargaining Convention (C98). This thesis is asking the issue of how the workers enjoy or rather are not able to enjoy the collective social rights which are guaranteed by the positive law including national and international level in Turkey. | [] |
|
https://openalex.org/W4306674305 | EU's Failure To Fulfill Its Human Rights Responsibilities: Statement By The EU Special Representative For Human Rights At The UN | [
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"Turkey"
] | [] | https://api.openalex.org/works?filter=cites:W4306674305 | The UN General Assembly adopted the Declaration in resolution 47/135 on 18 December 1992 without a vote. On the occasion of the celebration of the 30th anniversary of the Declaration, the EU made a statement on 21 September 2022 in New York. It is astonishing, at the very least, that the EU Special Representative, while talking about significant human rights violations and offering examples that are of worldwide importance today, also brings up the claim in its statement that the "past discrimination against the Greek minority in Turkey" which has nothing to do with the significant human rights violations on an international scale. There is no doubt that this sentence was included in the statement of the EU Special Representative for Human Rights, Eamon Gilmore, upon the insistence of Greece, which has made a habit of using the EU as a tool in its smear campaign against Turkey. Among others, in his statement to the UN, it is regrettable that the EU Special Representative for Human Rights included the allegations regarding Greek Orthodox Turkish citizens with minority status in Turkey without adequately examining the issue imposed on him by the Greek authorities. The term of reference of the Special Representative indicates that he has no authority to deal with the human rights violation problems in the EU member countries. It is assumed that if he becomes knowledgeable about the human rights violations against certain minorities in member states, he can be more careful about bringing to the fore the problematic issues that may be imposed on him by some member states such as Greece. | [
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https://openalex.org/W1188663387 | Avrupa Birliği İlerleme Raporlarında İnsan Hakları ve | [
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"Turkey"
] | [] | https://api.openalex.org/works?filter=cites:W1188663387 | Purpose of the study on human rights and protection of minorities is to understand the expectations of Turkey to the European Union. Content analysis method for the study. Results, written for regular progress reports by the European Union from Turkey groups, respectively. Work, 1998-2012 is limited to fourteen years between. According to the results expected, the introduction part of the report for the institutionalization of human rights, civil and political rights, the prevention of torture in the economic, social and cultural rights, gender equality section, minority rights and protection of minorities, the rights of IDPs3 are concentrated on the section | [
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|
https://openalex.org/W2132178532 | LEGAL TRANSFORMATION AND THE IMPACT OF INTERNATIONAL HUMAN RIGHTS MECHANISMS: THE CASES OF TURKEY AND RUSSIA | [
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"display_name": "Ralf Alleweldt",
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"Turkey"
] | [] | https://api.openalex.org/works?filter=cites:W2132178532 | This paper compares Turkey and Russia with respect to their implementation of international human rights law. Both countries have entered important commitments by accessing to international human rights treaties including the European Conventions on Human Rights and on the Prevention of Torture. They have thus subjected themselves to enforcement and inspection mechanisms that should lead to an enhanced respect for human rights. Such a development, however, has so far only taken place in Turkey. Following numerous judgments by the Human Rights Court and recommendations by the Committee for the Prevention of Torture, Turkey has implemented legislative and administrative reforms that have led to a substantial improvement in the human rights situation. In Russia, which has only recently acceded to the human rights enforcement mechanisms, such a development cannot be made out so far. However it is submitted that the dynamics of an enforcement mechanism including individual applications, binding Court judgments and effective enforcement by an intergovernmental body like the Committee of Ministers of the Council of Europe are well-designed to lead to positive developments in Russia as well | [
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|
https://openalex.org/W4318948841 | Protection of Intellectual Property Rights per Protocol No. 1 of the Convention for the Protection of Human Rights and Fundamental Freedoms | [] | [
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] | [
"Turkey"
] | [] | https://api.openalex.org/works?filter=cites:W4318948841 | Tokel v Turkey; with case note by Elena Izyumenko | [] |
|
https://openalex.org/W1552878258 | The Balance between the Public Interest and the Protection of Property Rights: A Judgment by the European Court of Human Rights About Expropriation | [
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"Turkey"
] | [] | https://api.openalex.org/works?filter=cites:W1552878258 | The protection of property, historically and practically is crucial in many aspects. The laws of democratic countries, as well as the international agreements put importance on such regulations. One of the common types of restriction to the right of a peaceful enjoyment of property comes from the State, as expropriation with a legitimate aim to protect public interest. It is significant to maintain a balance between the public interest and the protection of property; but in some ways it can be disrupt against equity. About unlawful expropriation or any other kind of confiscation; the national courts may be more distant about imposing sanction to the State; but the International Law and Courts are more restrictive and strict about State’s unjust actions. The most significant International Agreement the Turkish Government sticks to is The European Convention on Human Rights. The Court’s judgments are binding; so the government has efforts to adapt itself to the Convention and tries to avoid being sentenced to judicial fine. One of the Decisions that may lead to a change in Turkish legislation, is the Court’s decision on the “Case of Devecioglu v. Turkey” (Application no. 17203/03) given on 13 November 2008, about the protection of property. | [
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https://openalex.org/W4206490640 | Closing of the Museum in the Hagia Sophia in Istanbul as a Violation of the Obligations of the Republic of Turkey Under International Law | [
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"Turkey"
] | [] | https://api.openalex.org/works?filter=cites:W4206490640 | В июле 2020 г. после соответствующего решения турецкого суда президент страны принял указ о закрытии музея в здании храма Святой Софии и открытии в нем мечети. 916 лет этот храм был христианским, в течение 481 г. - мусульманским, а последние 86 лет - это был музей. Он находится в списке всемирного наследия ЮНЕСКО. В статье предпринимается анализ данных действий Турции с точки зрения международного права и Конституции Турецкой Республики. В то время как принцип секуляризации, зафиксированный в турецкой Конституции, сделал возможным доступ к собору Святой Софии на равных условиях для людей всех вероисповеданий и нерелигиозных лиц, нынешний регресс в отношении имплементации секуляризма в Турции вызывает обеспокоенность и говорит о нарушении международных обязательств, в том числе положений международных договоров, ратифицированных Турецкой Республикой, а именно: Конвенции ЮНЕСКО об охране всемирного культурного и природного наследия 1972 г.; Европейской Конвенции о защите прав человека и основных свобод 1950 г. и Международного пакта об экономических, социальных и культурных правах 1966 г. Статья подготовлена при финансовой поддержке РФФИ в рамках научного проекта № 18-011-00292. In July 2020, following the relevant decision of the Turkish court, the President of the country adopted a decree to close the museum in the building of the Hagia Sophia and open a mosque in it. For 916 years this temple was Christian, during 481 it was Muslim, and for the last 86 years it has been a museum. It is on the UNESCO World Heritage List. The article analyzes these actions of Turkey from the point of view of international law and the Constitution of the Republic of Turkey. While the secularization of the Turkish Republic has made it possible for people of all faiths and non-religious persons to access Hagia Sophia on equal terms, the current regression regarding the implementation of secularism in Turkey raises concerns and speaks of a violation of international obligations, including the provisions of international treaties ratified The Republic of Turkey, namely: the UNESCO Convention on the Protection of the World Cultural and Natural Heritage of 1972; The European Convention for the Protection of Human Rights and Fundamental Freedoms of 1950 and the International Covenant on Economic, Social and Cultural Rights of 1966. The article was prepared with the financial support of the Russian Foundation for Basic Research within the framework of scientific project № 18-011-00292. | [
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|
https://openalex.org/W203701576 | State violence and human rights: the European human rights court cases submitted against Turkey on detention | [
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] | [
"Turkey"
] | [] | https://api.openalex.org/works?filter=cites:W203701576 | Turkey gave its citizens the right to individual petition to the European Court of Human Rights (ECtHR) in 1987. In the same year, via legislative decree, State of Emergency Rule which excluded the acts of the administration or responsibility of public servants in the field of emergency issues from judicial review was declared in seven provinces located in the Kurdish region. At the juncture of these two critical shifts that envisaged significant changes in the legal status of millions of people, the human rights violations committed predominantly against Kurds during the state of emergency period were carried to the ECtHR in the absence of an effective and accessible domestic judicial mechanism. In the years that followed, the ECtHR was bombarded with thousands of individual applications from southeast Turkey, whereby the narratives of violence taking place in the 1990s were for the first time heard in a public forum. Yet, despite the thousands of the judgments of the Court finding Turkey guilty of breaching the Convention requirements, the effect of these judgments remained limited at the domestic level as a result of the development of the official narrative of security and counter-terrorism alongside the human rights narratives and reforms. What I propose to do in this thesis is to delve into the dynamics of this dual development of seemingly contradictory narratives – whereby rights given by one hand were taken away by the other – by looking at the cases on alleged incidents of state killings or deaths in detention, submitted to the ECtHR against Turkey prior to May 2009. By looking at the ways of attribution of responsibility to the state and the transformation of the scopes of the cases by the Court in these proceedings, I try to understand the limitations of human rights law in denouncing state violence through locating the silences, exceptions and exclusions in the Court's reasoning. | [] |
|
https://openalex.org/W316088450 | KURDS: The Kurds in Iran: The Past, Present and Future | [
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] | [] | https://api.openalex.org/works?filter=cites:W316088450 | KURDS The Kurds in Iran: The Past, Present and Future, by Kerim Yildiz and Tanyel B. Taysi. London, UK and Ann Arbor, MI: Pluto Press, 2007. ix + 117 pages. Notes to p. 128. Index to p. 134. $40. Reviewed by Michael M. Gunter Senior author Kerim Yildiz is Executive Director of Human Rights Project (KHRP) in London, a nongovernmental organization (NGO) that has successfully argued numerous cases involving ethnic Kurds, mostly from Turkey, before European Court of Human Rights. He also is on Board of Directors of European Union (EU) Turkey Civic Commission (EUTCC), an NGO that advocates Turkish membership in European Union as a way to help solve problem in Turkey. Thus, Yildiz is well qualified for his newest task, and he does not disappoint. The present volume is a pithy, readerfriendly study of problem in Iran, and tiius completes author's quartet of books that also deals with problem in Iraq, Turkey, and Syria. This latest work's strongest contribution is its analysis of dismal human rights situation in Iran for minorities and in general, and Kurds in particular. Altiiough 1979 [Iranian] constitution ostensibly grants equal rights for all ethnic minorities (Article 19), practitioners of other schools of Islam (Article 12), as well as granting of use of languages in media and schools (Article 15), these rights are not manifested (p. 31). Indeed, Kurds in Iran experience double discrimination due to their status as an ethnic and (for most) as Sunni Muslims, a religious minority (p. 42). In addition, the underdevelopment of regions leads to economic marginalisation which severely inhibits Kurds from actively participating in Iranian public life (p. 32). What is more, in Iran face challenges on two fronts, both in discriminatory laws as well as through patriarchal attitudes in society, which manifest themselves largely in widespread violence against women (p. 52). Despite Iranian contention that international human rights are often biased against Islam, Yildiz, himself a Muslim, concludes that there is growing discontent across me Muslim world with these so called 'Islamic human rights' schemas that have little to do with Islam and all to do witii power (p. 105). The author also deals with failure of Muhammad Khatami to institute promised reforms while he was President of Iran from 1997-2002, and discouraging implications of Mahmud Ahmadinejad's rise to presidency in June 2005. Although Ahmadinejad ran on a platform of recognising needs of people, particularly financially disadvantaged, it has been clear from beginning that this extended only to Persian majority (p. 108). Interestingly, with regard to problems, Yildiz finds that the EU has significant experience in dealing with this type of situation, and is, therefore, in a better position than US to address type of changes that must occur (p. 101). The harshness of situation in Iran notwithstanding, Kurdish culture, especially that of tribes in region of Iran, has more similarities and common links with Persian culture than with Turkish, Arab-Syrian or Arab-Iraqi culture. … | [
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https://openalex.org/W4390914547 | INSTITUTE OF THE OMBUDSMAN (COMMISIONER FOR HUMAN RIGHTS) AS A MECHANISM OF PROTECTION OF HUMAN RIGHTS IN THE REPUBLIC KAZAKHSTAN AND TURKEY | [
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"Turkey"
] | [] | https://api.openalex.org/works?filter=cites:W4390914547 | Since the recognition of the Republic of Kazakhstan as an independent state in the international arena, much work has been done to protect and guarantee human and civil rights and freedoms. The first state to recognize Kazakhstan’s independence is the Republic of Turkey. In the legal system of the two brotherly countries, the status of the ombudsman institution (commissioner for human rights) is enshrined in the Constitution. However, it is known that the process of formation of the institute of ombudsman (commissioner for human rights) on both state was not an easy. The purpose of study is to defines the stages of development of the institute of ombudsman (commissioner for human rights) in the state of Kazakhstan and Turkey and the role that this structure plays for the society. The legal definition of the concept of ombudsman is widely given, and the special duties of the ombudsman, which are intended to meet international standards, are indicated. In addition, the statistic dates of the applications to ombudsman in the Republic of Kazakhstan and Turkey will be presented, taking into account the legal status and competence of the ombudsman at the present time. In general, the factors of coming to the institution of the ombudsman of the two states and the role of this institution in the protection of the rights and freedoms of people and citizens and the importance of the institution of the ombudsman in the formation of a democratic state are determined. Key words: ombudsman institution, ombudsman, protection human and civil rights and freedoms, legal status, competence. | [
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https://openalex.org/W3111788538 | Manevî Hakların Eser Sahibinin Ölümünden Sonra Kullanılması: FSEK Madde 19 Üzerine Bir Tedkik | [
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"Turkey"
] | [] | https://api.openalex.org/works?filter=cites:W3111788538 | Copyright is a right granted to anyone who creates an original work. Copyright grants moral and economic benefit and authority to the author of an artistic and literary work. Economic rights provide economic benefits the author, whereas moral rights consist of powers related to his personality. Economic rights can be used by the owner himself, by transferring them to other persons, or by granting a license. However, the author uses the moral rights either through the powers that he has granted to another person or by himself. It is not possible to evaluate the moral rights for money, that is, the owner of the work cannot transfer these rights to another person for the price. When the owner of the work dies, economic rights are transferred to the heirs. It is not possible to transfer moral rights on the copyrighted work through inheritance according to Turkish Copyright Law. However, after the author dies, some of the moral rights can be used by some relatives of the author for a certain period prescribed by the law. It is regulated in the 19th article of Turkish Copyright Code (TCC) under Turkish Copyright Law. This essay analyses the article 19 of the TCC that regulates the use of economic rights on the work after the death of the author. | [
{
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"id": "https://openalex.org/S4306514542",
"type": "journal"
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|
https://openalex.org/W2281041270 | The Internal Security Package and Its Potential Impact on the EU–Turkey Relations within the Scope of Fundamental Rights and Freedoms | [
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] | [
"https://openalex.org/W1989825217",
"https://openalex.org/W2009900927",
"https://openalex.org/W2094082837",
"https://openalex.org/W2094183316",
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"https://openalex.org/W2506664880",
"https://openalex.org/W2897378804",
"https://openalex.org/W2992807725"
] | https://api.openalex.org/works?filter=cites:W2281041270 | Abstract Being one of the core values of the European Union, human rights have been centrally located in the European Union-Turkey relations especially since the country gained the candidate status in 1999. In human rights practices, the actor who comes to the forefront most on behalf of the state against the citizens whose rights must be protected is the police force. Therefore, the security practices enforced by the police form a huge part of human rights practices in the state and thus play a decisive role in Turkey’s relations with the Union. This article presents an evaluation of the so-called ‘internal security package’, which has just passed into law, and its potential impact on European Union-Turkey relations. The package includes specific amendments regarding the police duties and authorities, which unarguably affect human rights practices in the country. As the Union lacks a uniform norm relating to the security practices the package in question contains, the answer to the question will be sought by screening two sources: EU progress reports on Turkey and relevant ECtHR decisions, which provide definite judgements regarding the threats and risks posed by the package under discussion. | [
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{
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"id": "https://openalex.org/S4306401280",
"type": "repository"
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|
https://openalex.org/W2018267738 | Threats of Terrorism and the European Court of Human Rights | [
{
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"display_name": "Ján Šikuta",
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{
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"Turkey"
] | [] | https://api.openalex.org/works?filter=cites:W2018267738 | Abstract This contribution is aiming to provide a reader with a brief overview of selected relevant case-law of the European Court of Human Rights in Strasbourg ("the Court"), somehow relating to the acts of terrorism. It shows the evolution of the Courts case-law from the very first case of Lawless v. Ireland, lodged to the Court in 1959, through the case of Osman v. UK, involving the positive obligation of a State to protect the life of its citizens and case of Ocalan v. Turkey, up to the case of Cetin and Others v. Turkey, dealing with terrorism and media (Article 10 of the Convention).The aim of this contribution is also to give a very brief views on the issue of terrorism from the aspects of different provisions of the Convention, starting with the Article 1 of the Convention and ending with Article 10 of the Convention, in order to provide participants of the Conference with short, but rather "plastic" picture of the Courts' case-law related to the mentioned issue. | [
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https://openalex.org/W4306701209 | The Rights of Armenian Minorities in Lebanon and Turkey under National and International Law | [] | [
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"id": "https://openalex.org/C195244886"
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{
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"Turkey",
"Lebanon"
] | [] | https://api.openalex.org/works?filter=cites:W4306701209 | The book examines the extent to which the rights of Armenian minorities to exist, to enjoy their own culture, to profess and practice their own religion, and to use their own language in the community with other members of their group as well as their right to equality, non-discrimination and participation are respected, protected and fulfilled as it is required under international human rights law. Armenians in Lebanon and Turkey constitute a minority on four separate levels: ethnic, national, linguistic and religious. By examining the ways national and international human rights laws are enforced and protected, or violated and ignored, the thesis highlights the problems facing Armenians in Lebanon and Turkey since recent history until nowadays, and provides benefits which would be of great value to human and minority rights discourses. | [] |
|
https://openalex.org/W3131717512 | Turkey's Recent Emergency Rule (2016-2018) and its Legality Under the European Convention on Human Rights and the International Covenant on Civil and Political Rights | [
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"Turkey"
] | [] | https://api.openalex.org/works?filter=cites:W3131717512 | States, like people, have an instinct to protect themselves when in a life-and-death struggle. The recognition of a state of emergency, or of siege, in the domestic legal order, dates back to at least Roman times. (David Kretzmer, State of Emergency, Max Planck Encyclopedia of Public International Law [MPEPIL] updated February, 2008) Primary international human rights treaties include a derogation clause for emergency situations.
The 2016 coup attempt caused the declaration of a state of emergency in Turkey that lasted two years. Firstly, this thesis analyzes whether or not a coup attempt can justify the declaration of a state of emergency; secondly, measures adopted under Emergency Decrees are legal under Turkey’s Constitution, the European Convention on Human Rights, the International Covenant on Civil and Political Rights, based on the case law of the European Court of Human Rights, the General Comments of the UN Human Rights Committee, opinions, consideration, guidelines, recommendations adopted by International Organizations, academic publishing, and other sources.
The thesis concludes that while the Turkish Government was correct in promulgating the state of emergency to deal with the danger caused by the coup attempt, it excessively used emergency powers and adopted measures to go beyond what is strictly required by the situation’s exigencies. It also notes that both national and international safeguards, devised to supervise the state of emergency, didn’t prevent the Turkish Government from breaching its obligations under national and international law. | [
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https://openalex.org/W2995647011 | Government’s Responsibility to Prevent the Violence against Women in Turkey | [
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"id": "https://openalex.org/C2777996642"
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"Turkey"
] | [] | https://api.openalex.org/works?filter=cites:W2995647011 | Violence against women, which is accepted as a violation of human right in Turkey and in whole world for many years, causes physical and mental harms by practicing all kind of personal and collective behavior including force and pressure. Femicides have increased 1400% in the last seven years and one of every three women is subjected to violence.
 It is doubtful that in international law; Convention on the Elimination of All Forms of Discrimination against Women and Council of Europe Convention and in additional to this in national law; The 1982 Constitution and The Law to Protect Family and Prevent Violence Against Women can provide effective guarantee to protect the place of woman in Turkish Society or not? Despite all of the legislative regulations, the violence against women in Turkey increasingly goes on. For this reason it is crucial to evaluate the articles no 5th, 10th, 17th, 41st and 90th of Constitution which compose the legal basis for preventing violence against women.
 Republic of Turkey’s founding philosophy bases on equality of women and men, which means equal rights for every single citizen. To end this violence against women; can be achieve only through provide this equality legally and defacto, and also, apply social state’s principles in real life. Because in social states, struggling against this violence should be accepted as government’s policy. The state should be in cooperation with all women's organizations and provide training for related trade bodies. | [
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"id": "https://openalex.org/S4210216963",
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|
https://openalex.org/W1978043910 | THE OSCE HUMAN RIGHTS NORMS AND THE DECISIONS-MAKING PROCESS OF FOREIGN POLICY WITH A HUMAN RIGHTS OBJECTIVE : THE CASE OF TURKEY | [
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"Turkey"
] | [] | https://api.openalex.org/works?filter=cites:W1978043910 | This article deals with international norms influencing foreign policy of a state. It looks at the extent to which the OSCE human rights norms influence foreign policy. It also presents the results of a questionnaire survey carried out in Turkey. As far as the types of norms are concerned, the OSCE human rights norms have been divided into substantive and non-substantive norms. The following conceptual hypothesis has been constructed: nonsubstantive human rights provisions of the OSCE documents have more influence than substantive ones on foreign policy with a human rights objective. The research has shown that the OSCE human rights norms guide the decision-making process of foreign policy with a human rights objective. It has also shown that non-substantive human rights provisions of the OSCE documents guide the decision-making process of foreign policy with a human rights objective more than substantive human rights provisions. It is, hovvever, important to note the fact that Turkey has human rights problems, and is in the way of becoming Europeanised, has affected the extent of guidance of the OSCE human rights norms in foreign policy | [
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|
https://openalex.org/W3040486030 | Assessing the Consistency of Kurdish Democratic Autonomy with International Human Rights Law | [
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"Turkey"
] | [] | https://api.openalex.org/works?filter=cites:W3040486030 | Large sectors of the Kurdish movement in Turkey have progressively come to discuss, develop and/or endorse models of so-called “democratic autonomy”. While there are several works in the field detailing and critiquing Turkey’s policies vis-à-vis the Kurds, the international legal dimension of the Kurdish democratic autonomy proposal in its own right has received far less attention to date. The present article seeks to fill this gap by reflecting upon the internal coherence and consistency of the democratic autonomy argument in light of international law standards and practice, with particular reference to internal self-determination in Turkey. I argue that any future settlement of the Kurdish question will require not only Turkey’s compliance with its own human rights obligations, but also the Kurdish movement’s ability to negotiate the accommodation of its aspirations in ways that are consistent with international human rights law. | [
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|
https://openalex.org/W2553097268 | Öcalan v. Turkey (No 2) | [] | [
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] | [
"Turkey"
] | [] | https://api.openalex.org/works?filter=cites:W2553097268 | 397 Human rights — Prohibition of inhuman or degrading treatment or punishment — European Convention on Human Rights, 1950 — Article 3 — Whether life sentence irreducible — Whether prospect of release — Whether possibility of review — Whether possibility to reform and rehabilitate — Whether prospect of release if rehabilitation achieved — Whether dedicated mechanism guaranteeing review — Whether periodic reviews thereafter — Vinter v. United Kingdom — Whether finding of violation giving applicant prospect of imminent release — Whether Turkey violating Article 3 of European Convention on Human Rights, 1950 Human rights — Prohibition of inhuman or degrading treatment or punishment — European Convention on Human Rights, 1950 — Article 3 — Whether applicant’s conditions of detention amounting to inhuman treatment — Solitary confinement — Detention conditions in İmralı prison prior to 17 November 2009 — Detention conditions in İmralı prison after 17 November 2009 — Whether detention conditions attaining severity threshold to constitute inhuman treatment — Whether Turkey violating Article 3 of European Convention on Human Rights, 1950 Human rights — Right to respect for private and family life — European Convention on Human Rights, 1950 — Article 8 — Restrictions on visits by and communication with family members — Whether in accordance with law — Whether pursuing legitimate aims — Whether necessary in a democratic society — Whether Turkey violating Article 8 of European Convention on Human Rights, 1950 Human rights — No punishment without law — European Convention on Human Rights, 1950 — Article 7 — Whether applicant convicted and sentenced under law applicable at material time — Whether death penalty imposed on applicant equivalent from outset to maximum thirty-six-year prison sentence — Whether any law providing applicant with possibility of release on parole after minimum period of incarceration — Social isolation — Whether Turkey violating Article 7 of European Convention on Human Rights, 1950 Treaties — Interpretation — European Convention on Human Rights, 1950 — Articles 3, 7 and 8 of European Convention — Article 3 of European Convention prohibiting inhuman or degrading treatment or punishment — Whether imposition of life 398 sentence without possibility of release on parole violating Article 3 of European Convention — Whether life sentence irreducible — Whether prospect of release — Whether possibility of review — International jurisprudence — When any incompatibility with Article 3 arising — Whether finding of violation giving applicant prospect of imminent release Terrorism — Threat from terrorism — Relevance — Applicant convicted of terrorism charges in Turkey — Article 3 of European Convention on Human Rights, 1950 — Prohibition of torture and inhuman or degrading treatment in absolute terms — Applicability of Article 3 in fight against terrorism – Applicant’s conduct — Relevance — Conditions of detention — Irreducibility of life sentence | [
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|
https://openalex.org/W1532811212 | Human Rights in the European Union's Foreign Policy Universal in Discourse, Flexible in Practice | [
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"Turkey"
] | [] | https://api.openalex.org/works?filter=cites:W1532811212 | Establishing a cornerstone, a fundamental reference point in the new world order, human rights have been a very much cherished but very loosely adopted concept. Thus, in international relations, human rights emerged as a critical issue while the European Union appeared as a remarkable player. Correspondingly, within the European context, human rights stand not only as a defining principle of the European Union but also as a tool of its foreign policy. However, parallel to the difficulties experienced in establishing a common foreign policy, the implication of human rights in the EU's relations with third countries remained problematic. In this regard, this paper aims to bring about a closer look at the function of human rights in EU’s foreign policy by analyzing the Union’s relations with Turkey in terms of human rights. Accordingly, the focus will be on major problematic areas in the EU’s human rights policy towards Turkey, with a special emphasis on the discrepancies between the rhetoric and practice. | [
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|
https://openalex.org/W3210778347 | Challenges to the Fundamental Rights and Freedoms Including Patient Rights During the COVID-19 Pandemic in Turkey | [
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{
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{
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"Turkey"
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] | https://api.openalex.org/works?filter=cites:W3210778347 | The COVID-19 virus, which first appeared in Wuhan, China in December 2019 and spread quickly to the whole world in a few months, was defined as a pandemic by the World Health Organization on 12 March 2020. This process has inevitably brought along problems in many areas, including health, education, social, economics, law, psychology, politics, and international relations. The pandemic era is a period when we appreciate more than ever how valuable our fundamental rights and freedoms are. Of these rights, the right to health and patient rights are significantly adversely impacted. This chapter will evaluate human rights, especially patient rights, mostly affected during this pandemic period in Turkey. This chapter further presents that other states are also continuing to experience effects of the pandemic. Both Turkey and other states must be prepared for the patients to properly benefit from the healthcare system in future outbreaks and pandemics. Otherwise, human and patient rights will continue to suffer. | [
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https://openalex.org/W4225114706 | “Legal exhaustion” and the crisis of human rights: Tracing legal mobilization against sexual violence and torture of Kurdish women in state custody in Turkey since the 1990s | [
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] | https://api.openalex.org/works?filter=cites:W4225114706 | Throughout the 1990s and 2000s, Kurdish women reported sexual violence in state custody during intense conflicts between the Turkish military and the guerrilla organization PKK. Drawing on archival research and in-depth interviews with lawyers and activists in Turkey, we trace the development of legal mobilization by human rights lawyers and activists who characterized state-led sexual violence in the Kurdish region as a war crime against women and brought cases before domestic courts and the European Court of Human Rights (ECHR). Inspired by the work of Kerem Altıparmak, we develop the concept of “legal exhaustion” to characterize the emotional and relational aspects of legal mobilization in the context of war and counterterrorism politics. Bringing together scholarship in sociolegal studies and critical approaches to human rights, we argue that legal exhaustion is productive—not just an unproductive and constraining state—prompting human rights lawyers to sustain legal mobilization in/outside courts and critique national and international laws. | [
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|
https://openalex.org/W2340499664 | Violations of Trade Union Rights: Case Studies from Turkey in 2000s | [
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] | https://api.openalex.org/works?filter=cites:W2340499664 | This study examines the violations of trade union rights that occurred in Turkey from 2000 to 2015 with respect to the principle of indivisibility of trade union rights. This principle is based on the idea that trade union rights should encompass collective action rights, i.e., the rights to collective bargaining and to strike to increase the effectiveness and functionality of unions seeking protection and also improvement in the economical and social rights of their members. Every year, trade union rights are violated in different ways. Even in the early 21th century, we witness a significant increase in violations in the form of human rights abuse. Furthermore, these violations are not only physical but also psychological and thus demonstrate the inefficiency of relevantlegal regulations. Trade union rights constitute a crucial part of international labor law. Therefore, in this study, violations of trade union rights in Turkey will be examined in light of the reports of Annual Survey of Trade Union Rights published by the International Trade Union Confederation. | [
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https://openalex.org/W4206311927 | THE EROSION OF THE SALDUZ DOCTRINE IN THE CASES OF IBRAHIM AND OTHERS V. THE UNITED KINGDOM AND BEUZE V. BELGIUM | [
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] | [] | https://api.openalex.org/works?filter=cites:W4206311927 | The so-called Salduz doctrine that concerns the right to a fair trial and the right to the defense attorney emerged from the case of Salduz v. Turkey, decided on the part of the European Court of Human Rights where the Grand Chamber found the violation of Article 6, paragraph 3(c) of the Convention for the Protection of Human Rights and Fundamental Freedoms. In this connection, the aim of this paper is twofold. In the first place, the paper aims to demonstrate how the European Court of Human Rights has overturned the two main tenents of the so-called Salduz doctrine derived from its landmark case of Salduz v. Turkey in its later Judgments delivered in the case of Ibrahim and Others v. the United Kingdom and the case of Beuze v. Belgium. The two tenets derived from the Salduz doctrine being examined in the paper are the right to access to the defense attorney as a rule during pre-trial proceedings and the absolute exclusionary rule. In the second place, the paper aims to offer a critique of the standard of compelling reasons employed in the Ibrahim Judgment. In order to achieve its aim, this paper primarily analyses the jurisprudence of the European Human Court of Human Rights in the cases of Salduz v. Turkey, Ibrahim and Others v. the United Kingdom, and Beuze v. Belgium. Besides, the paper also touches upon other judgments of the European Court of Human Rights related to its subject. The paper in question, therefore, primarily relies on the case-law method in achieving its aims. The paper concludes that in overturning the Salduz doctrine in relation to aspects examined in the paper, the European Court of Human Rights has exacerbated the legal standing of the person against whom criminal proceedings are being conducted. | [
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https://openalex.org/W1601601096 | Judicial Developments in the Application of International Law to Domestic Violence | [
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] | [] | https://api.openalex.org/works?filter=cites:W1601601096 | Introduction 413I. Domestic Violence Under International Law 415II. The Due Diligence Standard 423III. Judicial Developments and Positive State Obligations 427Conclusion 435IntroductionOn June 9, 2009, the European Court of Human Rights delivered its judgment in the case of Opuz v. Turkey} In Opuz, the applicant claimed that the Turkish government violated the European Convention on Human Rights by failing to adequately protect her and her mother from the domestic violence abuse-and eventually murder-perpetrated by the applicant's former husband.* 1 2 In particular, the applicant claimed violations of her right to life;3 her right to be free from torture, inhuman and degrading treatment and punishment;4 her right to obtain an effective remedy before a national authority;5 and her right to be free from gender discrimination.6 In its landmark decision, the European Court of Human Rights did indeed find that the Turkish government had violated the right to life with respect to the killing of the applicant's mother committed by the applicant's former husband. Moreover, the European Court of Human Rights found that the Turkish authorities had violated the applicant's right to be free from torture by failing to protect her from domestic violence. Finally, it found that the Turkish government had also violated the applicant's right of non-discrimination based on sex, thereby significantly recognizing domestic violence as a form of gender discrimination that amounts to state responsibility.7Similarly, in the recent landmark decision in Jessica Lenahan (Gonzales) v. United States, the Inter-American Commission on Human Rights (IACHR) held the United States accountable for failing to exercise due diligence to protect the applicant and her daughters from repetitive acts of domestic violence as well as for failing to enforce a mandatory protective order against the applicant's former husband which eventually led to the murder of the applicant's daughters.8 Moreover, the IACHR recommended that the United States implement substantive changes to domestic violence law and policy.9 In particular, the Commission's recommendations included, inter alia, that: the state should be responsible for conducting a proper investigation into the systemic failures that led to the underenforcement of the applicant's protection order; the mandatory character of protection orders and other precautionary measures meant to protect women from imminent acts of violence should be legislatively reinforced; and, finally, effective implementation mechanisms should be developed.10Traditionally, international law understood the concept of state accountability only in the context of human rights violations imputed to the government or any of its agents.* 11 Because domestic violence is comprised of acts committed by private individuals, these crimes have long been deemed to fall outside the scope of state accountability.12 More recently, however, the concept of state accountability has been expanded to include not only state actions, but also-and more importantly-state omissions and failures to take appropriate steps to protect women from domestic violence.13 Therefore, in addition to preventing through its own agents the commission of violence against women, the states are obligated to prevent acts of violence against women committed by private individuals. A state conforms to this obligation by duly investigating relevant allegations, prosecuting perpetrators, and providing adequate remedies for victims.This Article analyzes judicial developments regarding a state's responsibility to prevent domestic violence focusing on recent decisions by international human rights judicial institutions. … | [
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https://openalex.org/W2008748578 | The interaction between international human rights law and international humanitarian law: seeking the most effective protection for civilians in non-international armed conflicts | [
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"Turkey",
"Israel"
] | [] | https://api.openalex.org/works?filter=cites:W2008748578 | Abstract International human rights law and international humanitarian law, of which Common Article 3 and Additional Protocol II are applicable in non-international armed conflicts, at first glance seem two separate bodies of law with contradicting foundations and provisions. However, this article explores the similarities between the two, demonstrating their shared philosophical underpinnings and purpose of protecting people's rights despite the varying contexts within which they apply. Through studying the application of the two bodies of law in varying jurisdictions, this article concludes that far from an either/or choice, the best way to ensure the protection of those who find themselves the victims of non-international armed conflicts is to use the two bodies of law together so that they complement and strengthen each other. Keywords: international humanitarian lawhuman rights lawnon-international armed conflictColombia Notes P. Alston, Report of the Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions – Mission to Colombia, UN Doc. A/HRC/14/24/Add.2 (31 March 2010), para. 8. A clear threshold for a sufficient intensity has not been established in international law but factors such as duration, number of victims and means employed are all relevant to the qualification of the conflict (C. Von der Groeben, ‘The Conflict in Colombia and the Relationship between Humanitarian Law and Human Rights Law in Practice: Analysis of the New Operational Law of the Colombian Armed Forces’, Journal of Conflict & Security Law 16, no. 1 (2011): 146. Article 1.1, APII. ICRC Report, ‘31st International Conference of the Red Cross and Red Crescent, International Humanitarian Law and the Challenges of Contemporary Armed Conflicts’, 28 November–1 December 2011 (October 2011), Geneva, 2. D. Kretzmer, ‘Rethinking the Application of IHL in Non-International Armed Conflicts’, Israel Law Review 40, no. 2 (2009): 9. Sergio Jaramillo Caro (quoted in Groeben, ‘The Conflict in Colombia’, 153), the ex-vice minister of defence in Colombia, states, ‘We want to progressively reduce the application of IHL as we continue to make headway in the extension and consolidation of the rule of law’, acknowledging the permissive character of IHL. Kretzmer, ‘Rethinking the Application of IHL’, 27. ICRC Report (October 2011), 74. M.N. Hayashi, ‘The Principle of Civilian Protection and Contemporary Armed Conflict’, in The Law of Armed Conflict: Constraints on the Contemporary Use of Military Force, edited by H.M. Hensel (Aldershot: Ashgate Publishing Limited, 2007), 107. Ibid., 109. Kretzmer, ‘Rethinking the Application of IHL’, 34. Article 13(3), APII. Case No. 291/07, 25 April 2007. The Colombian Constitutional Court also states, ‘the specific sub-rule of the principle of distinction is the obligation binding parties to a conflict to take every feasible step to distinguish between military objectives and civilian objects’ (Case No. 291/07, 25 April 2007). ICRC Report (October 2011), 74. Article 7, APII. Article 4, APII. Nicaragua v. United States of America, 26 November 1984. H. McCoubrey, International Humanitarian Law: Modern Developments in the Limitation of Warfare, 2nd ed. (Aldershot: Dartmouth Publishing Company Limited, 1998); Ministry of National Defence, Comprehensive Human Rights and IHL Policy (2007), http://www.mindefensa.gov.co/irj/go/km/docs/Mindefesa/Documentos/descargas/Documentos_Home/Politica_DDHH_MDN.pdf (accessed 23 February 2013), 256. ICTY, 26 January 2000, para. 177. Hayashi, ‘The Principle of Civilian Protection’, 119. C. Droege, ‘The Interplay between International Humanitarian Law and International Human Rights Law in Situations of Armed Conflict’, Israel Law Review 40, no. 2 (2007): 33. Article 4, ICCPR. The European Court of Human Rights (ECtHR) qualified the time of public emergency as ‘an exceptional situation of crisis or emergency which afflicts the whole population and constitutes a threat to the organised life of the community of which the community is composed’ (Lawless v. Ireland, App. No. 332/57 (1 July 1961)). This article analyses the content of the two bodies of law for a more thorough theoretical interpretation in order to see how it can be best used to provide protection in reality. Analysis of the utility of the law in general will not be undertaken by this article. Droege, ‘The Interplay’, 319. Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, 9 July 2004. M. Sepulveda, The Nature of the Obligations under the International Covenant on Economic, Social and Cultural Rights (Antwerp: Intersentia, 2003), 295. Article 6, ICCPR. Groeben, ‘The Conflict in Colombia’, 155. Droege, ‘The Interplay’, 311. This also demonstrates the flexibility inherent in the law and its ability to adapt and evolve over time in order to be applicable in various contexts. K. Casla, Interactions between International Humanitarian Law and International Human Rights Law for the protection of Economic, Social and Cultural Rights (2012), http://www.reei.org (accessed 1 April 2013), 2. N. Bobbio, The Age of Rights (Cambridge: Polity Press, 1996). Prosecutor v. Anto Furundzija, Case No. IT-95-17/1-T (10 December 1998), para. 183; Prosecutor v. Mikaeli Muhimana, Case No. ICTR- 95-1B-T (28 April 2005), para. 539. J. Pictet (ed.) (1958) Commentary on the Geneva Conventions of 12 August 1949: IV Geneva Convention Relative to the Protection of Civilian Persons in Time of War (Geneva: International Committee of the Red Cross), para. 60. The Wall Advisory Opinion, 2004, para. 106. International Law Commission, 2004, para. 13. Sassòli points out that using the lex specialis paradigm does not necessarily result in IHL prevailing over IHRL, ‘The principle does not indicate an inherent quality in one branch of law, such as humanitarian law, or of one of its rules. Rather, it determines which rule prevails over another in a particular situation’ (ICRC, 2008), ‘How is the Term “Armed Conflict” Defined in International Humanitarian Law?’, http://www.icrc.org/web/eng/siteeeng0.nsf/htmlall/armed-conflict-article-170308/$file/Opinion-paper-armed-conflict.pdf (accessed 1 April 2013). ‘In a situation of armed conflict, the test for assessing the observance of a particular right, such as the right to liberty, may, under given circumstances, be distinct from the applicable in a time of peace. For that reason, the standard to be applied must be deduced by reference to the applicable lex specialis’ (Coard v. USA, IACtHR, Case 10.951, 29 September 1999). Report of the International Commission of Inquiry on Darfur to the United Nations Secretary General, 25 January 2005, para. 143. ‘… They both seek to guarantee safeguards for persons subject to criminal justice proceedings, and to ensure basic rights including those related to health, food and housing … The difference lies in that whilst IHRL protects the individual at all times, IHL is the lex specialis which apples only in situations of armed conflict.’ 9 July 2004, paras 102–6. Democratic Republic of the Congo v. Uganda, 19 December 2005. ‘The Court … thus concluded that both branches of international law, namely IHRL and IHL, would have to be taken into consideration’ (Congo v. Uganda, 19 December 2005). Isayeva, Yusupova dn Bazayeva v. Russia, 57947/00; 57948/00; 57949/00, 24 February 2005. Cyprus v. Turkey, 25781/94, 10 May 2001. Bamaca Velasquez v. Guatemala, Series C, No. 70, 25 November 2000, para. 207. Kretzmer, ‘Rethinking the Application of IHL’, 25. Pictet et al., Commentary on the Geneva Conventions, 29. Groeben, ‘The Conflict in Colombia’, 160. Alston, Report of the Special Rapporteur, para. 47. ‘Second, a civilian taking a direct part in hostilities cannot be attacked at such time as he is doing so, if a less harmful means can be employed’ (Public Committee against Torture in Israel v. Israel). However, relying purely on the law to determine whether or not someone should be killed is too simplistic. Although this article adopts a legalistic analysis, the narrow scope this would offer if considered the sole mode of protection is acknowledged. Alston, Report of the Special Rapporteur, para. 3. The Colombian government's position is in line with a number of other governments that have dealt with terrorism; the UK dealing with the Irish Republican Army (IRA), Spain with the Euskadi Ta Askatauna (ETA) and Germany fighting the Red Army Faction (RAF), none of these governments ever considered these conflicts under international law (Arnold and Hildebrand (eds.) (2005) International Humanitarian Law and the 21st Century's Conflicts: Changes and Challenges (Lausanne: Edis), 25). In general, the conflicting parties fall into four ‘parties’; the Colombian government with its army and police forces, guerrilla groups such as the National Liberation Army (ELN), Revolutionary Armed Forces of Colombia (FARC) or the April 19 Movement, paramilitary groups evolving from civilian militias under the umbrella organisation the United Self-Defence Unites of Colombia (AUC), and various criminal bands, drug cartels and other illegal armed groups (Groeben, ‘The Conflict in Colombia, 143). D. Jinks, ‘The Applicability of the Geneva Conventions to the “Global War on Terrorism”’, Virginia Journal of International Law 46, no. 165 (2005): 186. See Uppsala Conflict Data Program (UCDP), http://www.ucdp.uu.se/gpdatabase/gpcountry.php?id=35®ionSelect=5-Southern_Americas# (accessed 23 February 2011). Groeben, ‘The Conflict in Colombia, 150. Case No. IT-03-66-T, 30 November 1995. Case No. IT-04-84-T, 3 April 2008. Case No. C-291/07, 25 April 2007. Ministry of National Defence, Comprehensive Human Rights and IHL Policy, 2007, para. 33. Groeben, ‘The Conflict in Colombia’, 161. The different types of operational rules that have been developed are ‘red card’ (adopting an IHRL understanding of necessity, laying out the rules of engagement for land combat) and ‘blue card’ (foresees a far more stringent set of regulations containing rules of the use of force for the maintenance of security) rules, which limit the amount of permissible force to the exigencies of the situation (ibid.). Interview with Sergio Jaramillo Caro, 2008, 823. Groeben, ‘The Conflict in Colombia’, 150. Constitution of Colombia, 1991. Groeben, ‘The Conflict in Colombia’, 152. Penal Code 2000, Article 144. Colombia's Directive No. 10, 2007. The Plenary Chamber of Colombia's Constitutional Court stated that the prohibition of attacks against civilians in the 1977 Additional Protocol II ‘has attained customary status, mainly due to its impact on State practice and on conflicts in the last decades’ (Case No. C-291/07, 2007). Case No. C-291/07, 25 April 2007. See Pueblo Bello Massacre v. Colombia (Series C, No. 140, 31 January 2006); Rios et al. v. Venezuela (Series C, No. 194, 28 January 2009); Perozo et al. v. Venezuela (Series C, No. 195, 28 January 2009); and Kawas Fernandez v. Honduras (Series C, No. 196, 3 April 2009). Groeben, ‘The Conflict in Colombia’, 158. Ibid., 162. Ibid., 149. Ibid., 156, mentions the potential problems with this new framework being the lack of appropriate procedural environment for the new rules to be applied. Given the decision as to what set of rules to apply is made ex ante and the assessment as to whether such rules were properly applied and respected is ex post, perhaps more evaluation is needed to uncover the best way this system can operate. | [
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https://openalex.org/W3034615556 | Hak ve özgürlüklerin korunması bağlamında bireysel başvuru | [
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"Turkey"
] | [] | https://api.openalex.org/works?filter=cites:W3034615556 | Whereas assurance mechanisms established in order to eliminate obstacles before safeguarding and exercising fundamental rights and freedoms may vary from one region to another, nowadays fundamental rights are regarded as a universal set of values. The notion of human rights has always been in continuous progress in conceptual and practical terms throughout history. In this context, the question of which methods and mechanisms can be used to protect these human rights has come to the fore, rather than their content. Therefore, pursuits to establish new mechanisms in terms of safeguarding them against possible dangers or strengthening the current mechanisms have especially intensified after the Second World War and certain steps aimed at practice, as well as academic studies have started to be taken. As a result of this understanding, the Universal Declaration of Human Rights was declared in 1948. Thus, ?human rights? gained a universal identity for the first time and a general consensus was reached in terms of their validity. As a reflection of her sensitivity in terms of human rights, Turkey has been involved in both the United Nations and in a large number of organizations that emerged later at the European level with a focus on human rights and democracy. Within this context, Turkey became one of the founding members of the European Council in 1949 and approved and ratified the European Convention on Human Rights. Turkey has undertaken numerous obligations on human rights both pursuant to the European Convention on Human Rights and under other agreements to which she has been a party within the framework of United Nations and Organisation for Cooperation and Security in Europe. Most important ones among these obligations include recognizing the judicial power of the European Court of Human Rights which is a part of the system for safeguarding human rights, offering the opportunity to lodge individual applications to her citizens, fulfilling the requirements brought by the violation decisions as a result of these applications and undertaking the obligation to obey the general case-law and practices established with relation to human rights. Turkey has taken the issue of safeguarding and improving human rights seriously and therefore, established new institutional structures. For this purpose, organizations such as Ombudsman Institution and Human Rights Institution have been established. With these new mechanisms and newly established units, it is targeted to ensure considerable progress in terms of the prompt identification and elimination of human rights violations. The right of individual application enacted with the adoption of the Law No. 5982 dated 7/5/2010 amending Certain Provisions of the Constitution via the referendum dated 12/9/2010 was brought to our legal system as a new mechanism to safeguard fundamental rights and freedoms in addition to the currently available legal remedies. In the event that one of the fundamental rights and freedoms which are within the scope of the European Convention on Human Rights and guaranteed in the Constitution pursuant to the aforesaid amendment is violated, it has been made possible to lodge an individual application before the Constitutional Court. In a state of law, in order to ensure that rights and freedoms are guaranteed at constitutional and judicial levels, that legal texts are of very high universal standards in terms of their content and that they are meaningful, firstly, the laws should be applicable, all of the state organs should abide by the law and all of their actions should be under supervision. And the authority to carry out this supervision in the most efficient way is jurisdiction. Violations of fundamental rights shall be eliminated with the help of individual application mechanism; consequently the number of applications to ECHR against Turkey shall be decreased, therefore human rights standard of our people will be increased and their fundamental rights and freedoms will be protected in a more efficient way by solving lots of conflicts internally, without needing to take them to ECHR. | [] |
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https://openalex.org/W3008188227 | Democracy, Free Elections and Independent Candidates: Critical Remarks On The Jurisprudence Of The European Court Of Human Rights | [
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] | [] | https://api.openalex.org/works?filter=cites:W3008188227 | In order to bypass the 10% electoral threshold, a significant number of independent candidates stood for election in 2007 parliamentary elections in Turkey. Having occurred, these independent candidates came upon deprivation of particular rights that political parties enjoy: The right to propaganda on state-run media and being included in the ballots set up in the customs. Taking into consideration of the fact that Turkey is a state party to the European Convention on Human Rights and its Protocol No.1 which provides for the right to free elections in Article 3, these two legal issues require a close examination in terms of supranational human rights law. For this purpose, this article shall address the judgments and admissibility decisions of the European Court of Human Rights (ECtHR) in Oran Case (App. Nos. 28881/07 & 37920/07, Judgment of 15 April 2014) and Timurhan Case (App. No.28882/07, Admissibility Decision of 16 December 2014) concerning the relationship between individual candidates and free elections. To deal with the issue comprehensively, the correlation among democracy, human rights and good governance shall be analyzed within a framework which is composed of the concept, place and function of the right to political participation as recognized in international human rights law. | [
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https://openalex.org/W3098167754 | Human Rights Organizations in Turkey | [
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"Turkey"
] | [] | https://api.openalex.org/works?filter=cites:W3098167754 | This chapter analyzes the origins and the development of human rights organizations in Turkey since 1945. It first offers an overview of the limited number of elite organizations established between 1946 and 1974 and the initial skepticism toward human rights activism in the country in the 1960s and 1970s among grass-roots political movements. It then discusses the importance of two major events, the military coup in 1980 and the start of the armed conflict between the Turkish security forces and the <italic>PKK</italic> in 1984, for the development of human rights–based activism in the 1980s. The chapter then turns to the 1990s, characterized by the proliferation of human rights organizations and diversification of focus areas, ranging from LGBT rights to the rights of women to manifest their religion by wearing headscarves. It links these dynamics to the global rise of human rights activism in the 1990s and the subsequent appropriation of the human rights lexicon by a wide range of domestic social movements. The chapter moves forward with a discussion of the further proliferation of human rights organizations well into the 2000s as Turkey’s EU membership process boosted democratization and pluralism. The chapter ends with an assessment of the impact of the <italic>Adalet ve Kalkınma Partisi</italic>’s authoritarian turn on the transformative power and horizons of human rights organizations in the 2010s. | [] |
|
https://openalex.org/W3122082451 | Breaches of the European Convention on Human Rights resulting from the Conduct of International Organisations | [
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"id": "https://openalex.org/C86803240"
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"Turkey"
] | [] | https://api.openalex.org/works?filter=cites:W3122082451 | This article looks at the jurisprudence of the European Court of Human Rights in relation to the responsibility of states for violations of Convention rights committed through acts of international organisations. The author begins with Matthews v. United Kingdom and considers the recent judgment of D. v. Turkey and the Grand Chamber admissibility decisions in Behrami and Behrami v. France and Saramati v. France, Germany and Norway in detail with reference to past decisions and decisions of the UK House of Lords. | [] |
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https://openalex.org/W2194721045 | Remedy for Unjust Wars in Europe: The Cyprus v Turkey Just Satisfaction Case | [
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"Turkey"
] | [] | https://api.openalex.org/works?filter=cites:W2194721045 | The European Court of Human Rights (ECtHR) is the longest standing international human rights court. Since its establishment in 1959, it has delivered about 18,000 judgments. The court’s case law on applications lodged by individuals against member states to the European Convention on Human Rights (ECHR) abounds and much has been written on its role in promoting the protection of human rights in Europe and establishing a European public order. Interstate cases however, are by comparison scarce. Only five judgments have been delivered by the Court so far. Two of them were delivered on the Cyprus v. Turkey (IV) case, the first in 2001 and the second in 2014 (Just Satisfaction case). The latter is considered to represent the most crucial contribution to European peace in the history of the court, as highlighted by the two concurring judges.This review analyses whether this superlative is apt. The Cyprus v. Turkey (IV) just satisfaction case is of particular importance for a number of reasons. It is the first time that the ECtHR awarded just satisfaction in an interstate case. Second, it is the first time that the ECtHR accepted satisfaction claims in an interstate dispute that was fueled by the military invasion and occupation of one member state by another. Third, the ECtHR advanced an analytical distinction of interstate cases in order to assess just satisfaction claims. Finally, by drawing from international law sources, the ECtHR developed the admissibility criteria for assessing the passage of time for such just satisfaction claims.The analysis focuses on the following two issues: a) the nature of just satisfaction claims and the criteria established by the ECtHR for the application of Article 41 to interstate disputes; and b) the assessment of time-limits for just satisfaction claims especially in cases where the execution of a judgment is slow and the Committee of Ministers’ political and diplomatic pressure is not fruitful. It engages with these issues by reviewing the Cyprus v. Turkey (IV) just satisfaction case of May 2014. It begins with a brief overview of the procedure and of the events that triggered this legal dispute and it concludes with some thoughts on the political repercussions of this judgment. Two main questions underlie the analysis: a) whether the ECtHR position is affected by the particular historical context and b) whether this case does contribute to the development of human rights law in Europe. | [
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https://openalex.org/W3214786576 | Human Rights Jeopardized in Turkey: Governmental and Judicial Intentions to Erode Due Process and the Right to a Fair Trial | [
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"Turkey"
] | [] | https://api.openalex.org/works?filter=cites:W3214786576 | Human Rights Watch and other human rights organizations have drawn attention to abusive persecutions, the erosion of the right to a fair trial and torture during detention in Turkey. The government has ignored or sidestepped the European Convention on Human Rights’ (ECHR) decisions pertaining to pre-trial detentions and fair trials by adding new grounds to indictments and continuing pre-trial detentions. | [
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https://openalex.org/W2257377589 | Breaches of the European Convention on Human Rights Resulting from the Conduct of International Organisations | [
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"id": "https://openalex.org/C86803240"
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"Turkey"
] | [] | https://api.openalex.org/works?filter=cites:W2257377589 | This article looks at the jurisprudence of the European Court of Human Rights in relation to the responsibility of states for violations of Convention rights committed through acts of international organisations. The author begins with Matthews v. United Kingdom and considers the recent judgment of D. v. Turkey and the Grand Chamber admissibility decisions in Behrami and Behrami v. France and Saramati v. France, Germany and Norway in detail with reference to past decisions and decisions of the UK House of Lords. | [
{
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|
https://openalex.org/W2995817826 | Preserving Article 8 in Times of Crisis | [
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"https://openalex.org/W1489197856",
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"https://openalex.org/W2750712774",
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] | https://api.openalex.org/works?filter=cites:W2995817826 | The European Convention on Human Rights (ECHR) has been enormously influential among international instruments in defining and defending individual rights around the world. Article 8, in particular, is the most widely recognized source of legal authority for privacy as a claim of fundamental rights.1 However, even under ideal conditions these values are maintained only with “eternal vigilance,” as the truism states. Especially in times of emergency, states are under pressure to constrict rights enshrined in international instruments and domestic law. One attempt to sustain rights through times of crisis is Article 15 of the ECHR, which permits some derogation of human rights as an extraordinary measure. The Convention provides for derogation only where the very “life of the nation” is under threat, the response strictly limited, and as consistent with other obligations under international law. In this way, the European Convention allows for limited state deviation from established international norms; by providing for the conditional and supervised derogation from their obligations under the Convention,2 Article 15 recognizes state needs while incentivizing states not to abandon the commitment to defend rights. In total, nine states have relied on Article 15 since the Convention was established – Ukraine, Albania, Armenia, France, Georgia, Greece, Ireland, Turkey, and the United Kingdom.3 France and Turkey most recently called states of emergency.4 | [
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https://openalex.org/W3134926355 | Rights of Migrant Workers: An Analysis of Migration Policies in Contemporary Turkey | [
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"display_name": "Sureyya Sonmez Efe",
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"Turkey"
] | [] | https://api.openalex.org/works?filter=cites:W3134926355 | This insightful book discusses how policymakers define migrant workers’ status and rights at international and national levels. Assessing the evolution of the language of rights for migrant workers in international law; definition of migrant workers in Turkish legislation; key political and economic factors on Turkish migration policies; protection mechanisms that safeguard migrant workers’ rights, it critically examines the policymaking processes at international, regional and national levels and evaluates the impact of the ‘values’ such as universal or ethnocentric values, on the definitions of status and rights of migrant workers.
The chapters evaluate the status and rights of migrant workers through the lens of cosmopolitan moral constructivism and examine the law making procedures and illustrate the dynamism of these processes with the inclusion of various conditions and actors. The book dissects the key universal and national values that impact on rights of migrant workers. This timely book challenges the rising right-wing ethnocentric policy approaches to (labour) migration to migrant workers’ rights, and problematises the existing legal definitions within migration policies that place the rights of migrant workers into a precarious policy sphere.
By entering the controversial political debate for labour migration and the policy making realm, this book is ideal for scholars and researchers of political science, international relations and social policy, particularly those focusing on international (labour) migration and migration policies. It will further benefit the policymakers and practitioners working on migration, such as UN agencies, NGOs, civil societies and local authorities. | [] |
|
https://openalex.org/W2978164315 | The BDP in Turkey and Its Approach to the Gender Question Le BDP en Turquie et son approche de la question du genre | [
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] | [
"https://openalex.org/W1800643730",
"https://openalex.org/W2011227245"
] | https://api.openalex.org/works?filter=cites:W2978164315 | This article evaluates how the pro-kurdish party Baris ve Demokrasi Partisi (BDP, The Peace and Democracy Party) which was founded in 2008 in Turkey, deals with women's problems. The research is based on three main pillars: The BDP's gender approach in the party program, the BDP's gender approach in the last national election bulletin and the declarations of the BDP members which appeared in one of the most sold dailies in Turkey, Hurriyet (Liberty). The BDP is a gender-sensitive party. It has gender quotas of 40 percent in its statutes and hence benefits from a significant female presence in its decision-making mechanisms. This sensitivity is reflected in the party program as well as in the last national election bulletin. The BDP declares its intention to further strengthen penal laws concerning women's rights violations, open shelters for women exposed to violence, procure easy access to social security for homemakers, support female presence in political and economic life via gender quotas, supervise gender sensitivity of the medias, eradicate prostitution and finally implement CEDAW (The Convention on the Elimination of All Forms of Discrimination against Women). In the declarations of its politicians, the support for the PKK (Kurdistan Workers' Party) is evident. The women of the BDP gladly underscore that the PKK leader Abdullah Ocalan supports women. The BDP places women's problems on top of its priorities, right after the Kurdish issue. | [] |
|
https://openalex.org/W1822976193 | The BDP in Turkey and Its Approach to the Gender Question | [
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{
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"Turkey"
] | [] | https://api.openalex.org/works?filter=cites:W1822976193 | This article evaluates how the pro-kurdish party Baris ve Demokrasi Partisi (BDP, The Peace and Democracy Party) which was founded in 2008 in Turkey, deals with women’s problems. The research is based on three main pillars: The BDP’s gender approach in the party program, the BDP’s gender approach in the last national election bulletin and the declarations of the BDP members which appeared in one of the most sold dailies in Turkey, Hurriyet (Liberty). The BDP is a gender-sensitive party. It has gender quotas of 40 percent in its statutes and hence benefits from a significant female presence in its decision-making mechanisms. This sensitivity is reflected in the party program as well as in the last national election bulletin. The BDP declares its intention to further strengthen penal laws concerning women’s rights violations, open shelters for women exposed to violence, procure easy access to social security for homemakers, support female presence in political and economic life via gender quotas, supervise gender sensitivity of the medias, eradicate prostitution and finally implement CEDAW (The Convention on the Elimination of All Forms of Discrimination against Women). In the declarations of its politicians, the support for the PKK (Kurdistan Workers’ Party) is evident. The women of the BDP gladly underscore that the PKK leader Abdullah Ocalan supports women. The BDP places women’s problems on top of its priorities, right after the Kurdish issue. | [
{
"display_name": "Canadian Social Science",
"id": "https://openalex.org/S2764360835",
"type": "journal"
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|
https://openalex.org/W15778117 | The political criteria of Copenhagen and their application to Turkey: an analysis and assessment | [
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"Turkey"
] | [] | https://api.openalex.org/works?filter=cites:W15778117 | Contents: 1. Fulfilment of the political criteria as a condition for the start of negotiations. - 2. The EU Commission's regular reports on Turkey's progress towards accession for 2003 and 2004 - Analysis and assessment. - 2.1. Democracy and Consitution. - 2.2. International Treaties, International Agreements and National Law. - 2.3. The Rule of Law. - 2.4. Human rights, fundamental rights and fundamental freedoms. - 2.5. Freedom of Religion. - 2.6. Minority rights. - 3. Conclusions and recommendations of the Commission. - 4. Assessment of the regular report and the Commission's conclusions and recommendations. - Overview: Turkey and the political criteria of Copenhagen, reform measures and implementation deficits. | [
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https://openalex.org/W3122787676 | The European Convention in Conflicted Societies: The Experience of Northern Ireland and Turkey | [
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{
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"id": "https://openalex.org/C112698675"
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"Turkey"
] | [] | https://api.openalex.org/works?filter=cites:W3122787676 | This paper summarises the main features of the engagement of the European Commission and Court of Human Rights with the conflict in Northern Ireland before turning to how these bodies have engaged with the conflict in Turkey. The latter section cross-refers to the former where appropriate and the paper concludes with some brief general conclusions regarding the ability of the European Convention on Human Rights to play a significant role during times of serious non-international conflicts. A slightly revised and updated version of the paper will appear in the ICLQ in 2017. | [
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|
https://openalex.org/W3133633855 | Residual Responsibility Under the European Convention on Human Rights for Territories Not Currently Under Government Control | [
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{
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"id": "https://openalex.org/C41008148"
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] | [
"Turkey"
] | [] | https://api.openalex.org/works?filter=cites:W3133633855 | Like the Russo-Georgia or the occupation of parts of Cyprus by Turkey, the conflict in Ukraine showcases a situation in which a national government has lost control over part of its territory. In such a situation, when the rights of local residents in the affected areas are already at risk, the question arises in how far the national government remains responsible for the protection of human rights in the affected region. Looking at the problem from the perspective of the European Convention on Human Rights, this article sees to answer the question in general terms while keeping in mind current developments. | [
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https://openalex.org/W34980699 | The Human Rights of Victims of Domestic Violence: Opuz V Turkey | [
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"display_name": "Mark Burton",
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{
"display_name": "Environmental health",
"id": "https://openalex.org/C99454951"
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] | [
"Turkey"
] | [] | https://api.openalex.org/works?filter=cites:W34980699 | The European Court of Human Rights (ECtHR) has acknowledged that the European Convention for the Protection of Human Rights and Fundamental Freedoms 1950 (ECHR) applies to victims of crime as well as defendants. States may be in breach of their obligations under the ECHR if they fail to provide adequate protection to victims from the criminal acts of third parties. The implications of this for victims of domestic violence were considered by the ECtHR in Opuz v Turkey. This commentary analyses the decision and the potential implications for Member States in terms of developing their policies and practices in responding to domestic violence through the criminal justice system. | [] |
|
https://openalex.org/W2280509049 | THE EQUALITY OF ARMS PRINCIPLE AND THE FIELD OF APPLICATION UNDER TURKISH JUDICIAL LAW REGARDING THE RIGHT TO LITIGIOUS TRIAL | [
{
"affiliations": [],
"display_name": "Sez n Öztoprak",
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"affiliations": [],
"display_name": "Selman Sac t Boz",
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"display_name": "Right to a fair trial",
"id": "https://openalex.org/C2777803007"
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"display_name": "Right to property",
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] | [
"Turkey"
] | [] | https://api.openalex.org/works?filter=cites:W2280509049 | Following the intense violation of human rights which occurred during WWII, a protective system for the human rights which arise due to their being human beings was attempted to be created and based on this enactment, the European Convention on Human Rights was prepared by the countries who are members of European Council. With the passing time, the member states of the European Council have signed the European Convention on Human Rights and they have made harmonious changes to the provisions of national regulations. European Convention on Human Rights which was signed by Turkey as well is also an integral part of our national regulations yet it is debatable how great an area of application it can find. The scope of the right to fair trials which is among the most essential parts of basic rights and freedoms enacted under article 6 of Human Rights Convention and what its parts were and the equality of arms principle governed under the same regulations and the observation and study of litigious right to trial concepts are the primary objective of this study.Thus, in the first section of the study consisting of two parts, the scope of right to fair trial and its components are to be considered as mentioned in the 6th article of European Convention on Human Rights and Ruling Cases of European Court of Human Rights and the equality of arms principle which is among the most important milestones of fair trial and the litigious rights will be explained. In the second part, the area of application of the equality of arms principle and litigious rights and their areas of application under Turkish Law will be studied. The main reason beyond this study is attempting to understand whether a fair trial can be achieved between the administration having the upper hand and the individuals as stipulated by European Convention on Human Rights. | [
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|
https://openalex.org/W4379622866 | Focus: Legal Barriers to Freedom of Association and Collective Bargaining | [
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"display_name": "Mahsun Turan",
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{
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] | [
"Turkey"
] | [] | https://api.openalex.org/works?filter=cites:W4379622866 | 10 | International Union Rights | 23/3 FOCUS | TURKEY Legal Barriers to Freedom of Association and Collective Bargaining Turkey’s current legal protection of trade union rights remains a long way from compliance with international norms. Labourers are divided into ‘workers’ and ‘public officers’. The Law on Trade Unions and Collective Bargaining (Law 6356) regulates the trade union rights and freedoms of workers. The Law on Trade Unions and Collective Bargaining of Public Officers (Law 4688) regulates the trade union rights and freedoms of the public officers but provides public officers very limited rights of association, collective bargaining and strike. Besides, the parties to the collective bargaining under Law 4688 do not have to reach an agreement and the final decision is given by the Government. If the parties disagree, the public officers have no right to strike. This legal rule - enacted in 2012 - provides no rights to association, collective bargaining or strike for public officers to protect their interests. Therefore, the following analysis of these rights will focus on the Law on Trade Unions and Collective Bargaining (Law 6356). Freedom of Association: only sector-based unions can be formed The right to form a trade union and freedom of association are assured in Article 51 of the Turkish Constitution. However, Law 6356 was enacted with a limited scope in contrast with international norms. Article 3 says that a ‘trade union is formed to operate in a certain sector’. This regulation contradicts Article 2 of Convention 87 of the ILO Convention 87 which accepts the ‘liberty’ principle on the matter of the freedom of association. Additionally, the ILO Committee on Freedom of Association (CFA) assessed Article 2 of Convention 87 and stated that workers can form a trade union with reference to the sector, profession or regional and other criteria. Moreover, Law 6356 Article 2 does not allow trade unions to organise themselves under umbrella organisations like federations or others, other than confederations. This is also in contradiction with the liberty principle in Article 7 of Convention 87. Collective Bargaining Rights The most important discrepancy in Law 6356 is that while it only permits the formation of trade unions in the sectors, the collective bargaining system is organised on the basis of the workplace or business. Apart from the workplace and business in the collective bargaining, it was not defined on the scale of country, industry and sector (Articles 33-4). This certainly violates ILO norms (Convention 98, Article 4). One of the most important obstacles in Turkey for trade union association and collective bargaining is the legal restrictions and thresholds to have authority for collective bargaining. There are two major problems in Turkey in the system of authorisation. The first obstacle is having the majority in the country and then in the workplace and business, as the law requires. The prerequisite for collective bargaining rights is union membership of 1 percent of workers in respective sector in the country. After the trade union achieves this condition, if more than half of the workers working in the same workplace become members of this trade union, collective bargaining can be signed for the workers in this workplace. If the company has more than one workplace or branches, the union must also organise 40 percent of all the workers in all these workplaces. If a trade union cannot ensure these conditions, it has no authority for collective bargaining. For instance, according to the data from July 2016, there are almost 3,079,761 workers work in Sector 10 (Education and Commerce Offices). A trade union in this sector has to have at least 30,790 members working in this sector for a collective bargaining in any workplace. Otherwise, even if all 20,000 workers from a single workplace of 20,000 workers are in membership this trade union still has no legal power for collective bargaining. The second is that collective bargaining power is given by the Ministry of Labour and Social Security – a political institution. The processes determining if a trade union meets those thresholds are controversial. These are implemented by the Ministry. If an employer or another trade union in the same sector objects to the processes to be performed by... | [
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|
https://openalex.org/W1523845500 | The Restriction of Military Jurisdiction in International Human Rights Protection Systems | [
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"Turkey"
] | [
"https://openalex.org/W606825919",
"https://openalex.org/W1582535846",
"https://openalex.org/W2604709516"
] | https://api.openalex.org/works?filter=cites:W1523845500 | The essay deals with some cases within the international, Inter-American, African and European systems for the protection of human rights. It views the subject of military jurisdiction from a regional perspective, using norms, jurisprudence and other sources of the law to understand and act accordingly in those cases in which the military jurisdiction is applied extensively on civilians, either as active or passive subjects. It focuses especially on sentencing in the cases of Rosendo Radilla Pacheco v. United Mexican States, issued by the Inter-American Court of Human Rights in November, 2009, and Ocalan v. Turkey, issued by the European Court of Human Rights in May, 2005. | [
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https://openalex.org/W2791309069 | Detention of minors in the United Kingdom and Turkey as an immigration policy: assessing the predictive value of human rights compliance theory | [
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"Turkey"
] | [] | https://api.openalex.org/works?filter=cites:W2791309069 | The end of World War II was the beginning of an era of promises being made for the protection of human rights. Since then, the international community has established a variety of legal instruments that aim to achieve this protection. These legal instruments at the international level provide certain standards for states to fulfil, such as the right to a fair trial and prohibition of arbitrary detention. Despite the growing international human rights network including several official and non-official actors, non-compliance with international protection standards by states is still a serious challenge within the system. The ever-enlarging literature on international law compliance theories persistently seeks to find ways to overcome this problem.
Immigration detention of children, one of the human rights issues on which the international network has provided guidance to states, has been practiced by Turkish and British immigration authorities for a considerable period of time. This practice has been justified on the grounds of efficient immigration control. Nevertheless, these two countries recently took legislative steps towards compliance with international human rights standards regarding immigration detention of minors. This research investigated these processes in Turkey and the UK to find out whether there were any actors that influenced the decision to change legislation by applying a selected compliance theory that focuses on socialisation between various actors such as courts and international monitoring bodies and the state. It was clear that these two very different countries reached the same conclusions via distinct routes, in reference to different reasons and motivations. While the theory’s predictive value showed only limited success in the UK’s case due to its reliance on socialisation and international law, it had high explanatory power for Turkey’s case. Nonetheless, it still demonstrated the importance of identifying actors capable of influencing decisionmaking of states to further strengthen the system of protection of human rights. | [] |
|
https://openalex.org/W2274997250 | THE EUROPEAN UNION’S APPROACH TO HUMAN RIGHTS AND ITS EFFECTS ON TURKEY | [
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"id": "https://openalex.org/C166957645"
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"Turkey"
] | [
"https://openalex.org/W2116755925",
"https://openalex.org/W2157733957",
"https://openalex.org/W3124763983"
] | https://api.openalex.org/works?filter=cites:W2274997250 | This paper is primarily about how the EU -European Union- dealt with and further deals with its role in promoting the human rights within the context of its internal human rights policy. In this context, the results of the potential evolutions regarding the possession of a binding Charter of Fundamental Rights and the accession of the EU to ECHR -The European Convention on Human Rights- are also analyzed. Furthermore, the importance of the Copenhagen political criteria from the perspective of Turkey - EU relations is discussed. Turkey’s progress in human rights is examined as an example for showing the effects of the EU’s role in promoting respect for human rights with regard to its external human rights policy. Finally the underlying reasons beneath the decrease of the progress speed are asessed. | [] |
|
https://openalex.org/W3186455862 | Regulacje ograniczeń w zakresie noszenia symboli religijnych w ocenie Komitetu Praw Człowieka ONZ | [
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"display_name": "Jacek Falski",
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{
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"id": "https://openalex.org/C93377909"
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"Turkey"
] | [] | https://api.openalex.org/works?filter=cites:W3186455862 | The article provides a critical analysis of three individual notification opinions issued by the UN Human Rights Committee in July 2018 on the compatibility of existing regulations in States parties (France, Turkey) on bans on wearing religious symbols with the freedom to manifest religion guaranteed by Article 18 of the International Covenant on Civil and Political Rights. Moreover, the text points out the dichotomy – in terms of content – of positions on this issue between the universal body and the regional reference body (the European Court of Human Rights) and also addresses such systemic issues as the problem of legal force of the Committee’s opinions, the lack of dialogue or even isolationism of international bodies ruling on human rights, or the dispute over the primacy of their decisions. | [
{
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"id": "https://openalex.org/S4210209117",
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https://openalex.org/W3121423588 | The Human Rights of Individuals in De Facto Regimes Under the European Convention on Human Rights | [
{
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"display_name": "Anthony Cullen",
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"display_name": "Steven Wheatley",
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"Turkey"
] | [
"https://openalex.org/W4232136416",
"https://openalex.org/W4240091438"
] | https://api.openalex.org/works?filter=cites:W3121423588 | The objective of this article is to evaluate the extent to which we can regard individuals in the territories of de facto regimes in the Council of Europe region (Abkhazia, South Ossetia, Nagorno-Karabakh, Transdniestria, and Turkish Republic of Northern Cyprus) as enjoying the protection of the European Convention on Human Rights. The work considers the utility of recognizing ‘de facto regimes’ as subjects of international law, before examining the relevant case-law of the European Court of Human Rights and wider international law on the human rights obligations of such political entities. It then draws on the doctrine of acquired human rights to recognize, in certain circumstances, that the ECHR can be opposable to such regimes and concludes by reflecting on the implications of the analysis for understanding human rights in world society. | [
{
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https://openalex.org/W2768051227 | Europe’s Macro-Constitution: A Useful Test Case for an Asian Human Rights Mechanism? | [
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"Turkey"
] | [] | https://api.openalex.org/works?filter=cites:W2768051227 | In view of the ongoing debate on an Asian human rights mechanism, this article provides an impression of the work of the European Court of Human Rights deciding applications made under the European Human Rights Convention by citizens from jurisdictions as diverse as the UK, Russia, France and Turkey. The focus is on cases that are key to the rule of law, ie review as to consistency with the Convention of national legislation and policy rules, the constitutional place of special administrative courts, and national formats of judicial decision making. The conclusion is that the European Court, operating amidst a wide variety of constitutional systems, adds substantially to judicial protection and professionalism. The process of globalisation and the pressure on national public expenditure that it entails, however, does constitute a newly emerging threat to judicial professionalism and to the rule of law. | [
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|
https://openalex.org/W2073539404 | A Critical Analysis of Current Legal Developments on the Political Participation of Minorities in Turkey | [
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"Turkey"
] | [] | https://api.openalex.org/works?filter=cites:W2073539404 | Abstract This is a follow-up article to the one published in the IJMGR half a decade ago (Vol. 12, 2005). Although there have been domestic and international legal cases that are directly concerned with the political participation of minorities in Turkey, few improvements have been made in law covering the subject. This encouraged this author to analyse and criticise the judgements of the European Court of Human Rights and the legal and political actors at domestic level. The aim of this article is to reflect upon how international human rights monitoring affects national laws in certain thorny issues such as the rights of minorities. Since the current and previous articles have a common theme and complement each other, I strongly recommend reading both articles. | [
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|
https://openalex.org/W2557056753 | Legal responses to 'terrorist speech' : a critical evaluation of the law in Turkey in light of regional and international standards | [
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{
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"id": "https://openalex.org/C95691615"
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] | [
"Turkey"
] | [] | https://api.openalex.org/works?filter=cites:W2557056753 | Much scholarly attention has focused on the incremental extension of criminal liability for ‘terroristic speech’ (reflecting the widely acknowledged preventive turn in criminal law). This thesis examines the case law of Turkey's Yargitay (Court of Cassation) and Constitutional Court on 'terroristic speech' in the light of regional (the European Court of Human Rights), and international (Human Rights Committee and CERD) standards. While this corpus of human rights law has obtained some positive traction in Turkey (resulting, for example, in the passage of a number of progressive Constitutional amendments), it is argued that the modern day regulation of 'terroristic speech' resembles in many ways the now outmoded offence of 'sedition' for silencing political dissent. It must of-course be recognized that Turkey has experienced a protracted conflict, and that recent ‘terror’ attacks in European capital cities have reinvigorated the international ‘War on Terror’. At a deeper level, however, this observation evidences a troubling state of affairs, for, even in this ‘human rights era’, the imposition of far-reaching restrictions on speech continues seemingly without contradiction. Indeed, in many cases, the relevant criminal law offences, especially those pertaining to indirect incitement, were themselves been introduced at the behest of international instruments such as the UN Security Council Resolution 1624 (2005); the Council of Europe Convention on the Prevention of Terrorism, 2005; and the European Union Framework Decision on Combating Terrorism, 2008. It is argued that the regulation of ‘terroristic speech’ epitomizes the state-centricity of human rights norms; (a phenomenon which Leigh and Lustgarten colourfully describe as assigning ‘the safekeeping of children in a school playground to a pit-bull terrier’). Moreover, it also reflects the fundamental inability of the international community to agree upon a definition of ‘terrorism’. The thesis thus draws on recent scholarship (Stampnitzky) to chart the ‘invention’ of ‘terrorism’ as a fundamentally political term involving moral judgment. It is argued that the infusion of this political concept into legal reasoning is inherently problematic. The binary nature of ‘terrorism’ belies the more spectral nature of ‘political violence’, and it is the latter which ought to inform a more nuanced judicial response to ‘terroristic speech’. | [] |
|
https://openalex.org/W4312119608 | Avrupa İnsan Hakları Sözleşmesi ve Türk Hukuku Kapsamında Yaşam Hakkının Sınırları ve İstisnaları | [
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"display_name": "Fatih ULAŞAN",
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"Turkey"
] | [
"https://openalex.org/W200974491",
"https://openalex.org/W2320607593",
"https://openalex.org/W4301096314"
] | https://api.openalex.org/works?filter=cites:W4312119608 | While philosophical, moral and religious debates continue in terms of the value and quality of human life, legal systems seek ways to protect individuals from situations that cannot be described as a natural death. Every person has a value from legal and humanitarian view. In short, every human being has the right to live. This right is protected by law. For this purpose, the right to life is accepted as an inviolable right and center of rights both in domestic law and in the European Convention on Human Rights. This article mainly deals with the right to live under the European Convention on Human Rights and Turkish law. In addition, the subject, importance and exceptions of the right to live, the responsibility of the state in the protection of this right and special cases related to the right to life are written. | [
{
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|
https://openalex.org/W2804225126 | Active particiation of university students in defending rights of children | [
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"display_name": "Fatma Selda Bülbül",
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"Turkey"
] | [
"https://openalex.org/W2110737686",
"https://openalex.org/W2157855205",
"https://openalex.org/W2168983277"
] | https://api.openalex.org/works?filter=cites:W2804225126 | Convention on the Rights of the Child (CRC) is the most powerful tool availableto improve thewell-being of children. Civil, economic, social, cultural, and political rights of children all of which covered survival, development, protection, and participation were included in the convention. Though, participation has been the most radical element of the CRC, still children are not regarded as autonomous individuals fully entitled to enjoy their rights. Therefore, proffesionals started to give more interest on participation rights of children. In this article we represented an example of a structural component of participation approaches in a Turkish University which aimed including the youth into social work in the field of childens’ right. The main goal of the given project was to create awareness on Children’s rights among university students and to create adults globally advocating for human rights and the rights of children. | [
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|
https://openalex.org/W3173526877 | Inconsistent Adjudication – A Violation of the Right to Fair Trial Under the European Convention on Human Rights | [
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"https://openalex.org/W4210855160",
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] | https://api.openalex.org/works?filter=cites:W3173526877 | The ECtHR does not review decisions of national courts of the States Parties to the European Convention. However, it has developed a pattern in its case law to find a violation of the Convention on the grounds that the fair hearing lacked if there was a case law inconsistency at the level of national jurisdiction. The ECtHR case law was settled in a Grand Chamber case against Turkey in 2011. To find a violation under Article 6 of the Convention the ECtHR requires two tests. Firstly, it must establish the existence of a profound and long-standing inconsistency in the domestic case law, and secondly, the ECtHR raises the issue of a mechanism aimed at removing the inconsistency. If the mechanism does not exist, or if it applied ineffectively, the ECtHR finds a violation of human rights. The author suggests the ECtHR should revisit its jurisprudence. | [
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https://openalex.org/W4246282304 | Contemporary Issues of Human Rights Protection in International and National Settings | [] | [
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"Turkey"
] | [] | https://api.openalex.org/works?filter=cites:W4246282304 | The contributors of the volume analyse the effect of the ECHR and international human rights on the national and European legal order from different angles. Special emphasis is given on the Union's accession to the ECHR and the scrutiny of ECJ's opinion 2/13. The impact of the human rights provisions of the accession agreement with Ukraine is shown besides some more general issues of human rights protection in national jurisdictions, namely Germany, Poland, Slovenia and Turkey for providing a comparative overview of the various challenges countries with different backgrounds face in the implementation of human rights, including social human rights. All authors are academics working in the field of human rights protection and the aim is to provide the reader with a better understanding of the challenges of international human rights protection. The book is useful for academics and students in the field of international and European law and international politics. | [] |
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https://openalex.org/W4389833298 | Intersection of the Rights to Freedom of Belief and Gender Equality in Turkey | [
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"Turkey"
] | [] | https://api.openalex.org/works?filter=cites:W4389833298 | Abstract Despite the efforts of the women’s movement in Turkey, gender equality as a norm has been abandoned in state policies due to the rise of neoliberal authoritarianism. Our study aims to take a snapshot of religious services access and gender equality while stressing the parallel norms by focusing on justice, equality and the prohibition of discrimination. Further, since ensuring freedom of religion or belief and gender equality is the duty of the state, our research exposes the legal and institutional framework regulating the intersection of these two fundamental human rights areas and Turkey’s related policies and practices. In doing so, the study delves into the state’s adherence to international human rights treaties and elaborates on women’s positioning in the organization of religious services, as well as shedding light on human rights protections and observed violations of those rights within the spheres of family law and religious education. | [
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https://openalex.org/W4388107189 | Human rights at work: The experience of The Turkish Constitutional Court | [
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"Turkey"
] | [] | https://api.openalex.org/works?filter=cites:W4388107189 | The article presents an account of the use of human rights litigation in the employment context through the lens of the Turkish Constitutional Court's (TCC) case law, focusing on the two core human rights of freedom of expression and the right to respect for private and family life under the individual application remedy. The main argument of the article is that the elevation of employees’ free speech and privacy concerns in employment relations, from an understanding and examination based on the employment contract to a constitutional level of review due to the availability of the individual application procedure, allows employees to confront employer-imposed restrictions that may infringe their constitutionally protected human rights. Direct access to the TCC potentially provides greater safeguards for employees' enjoyment of core human rights at work and beyond. At the same time, it is crucial not to magnify the role of individual applications in providing constitutional human rights protection to employees mainly because of procedural requirements. | [
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|
https://openalex.org/W2468386085 | Muslim Women’s Rights in the European System of Human Rights Protection | [
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] | [
"Turkey"
] | [] | https://api.openalex.org/works?filter=cites:W2468386085 | The idea of protecting the rights of women is considered today as a dichotomous conglomeration of values, which consists of women’s rights regime and the modern world as a framework for governments. Discrimination against women frequently have their source in the text of the law and then is prohibited. Many acts of laundry contains rules to protect Muslim women. These include Constitution, the Convention on the Elimination of All Forms of Discrimination against Women, the Treaty on European Union, the European Convention on Human Rights. The issue of Islamic family functioning is often considered in the context of inequality and violence against women. These are complicated issues primarily in legal terms. These include domestic violence- murder or rape made by a husband or partner. In addition, there are also Islamic culture honor killings or death for dowry. An example of a country where for centuries, there is the problem of the rights of Muslim women is Turkey, where over the centuries shaped the position of Muslim women. | [
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|
https://openalex.org/W4388042944 | The Road Not Taken | [
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"Turkey"
] | [] | https://api.openalex.org/works?filter=cites:W4388042944 | Many asylum cases present an opportunity for the European Court of Justice to promote and protect EU values such as human rights and the rule of law. Yet, in central issues on the EU asylum system, the Court has opted for careful and formal readings of law rather than exploring such perspectives. The Court’s legal reasoning in asylum is examined by case analyses in NF v Council on the EU-Turkey Statement, X and X on humanitarian visas, and A.S. and Jafari on the EU asylum system. In free movement, the Court is considered a key driver of integration, whereas, in asylum law, it is seen as more restrictive. Rather than promoting EU integration and ensuring human rights protections, the Court grants discretion to the legislator or the executive. There are legitimate reasons why a different path has been taken in asylum. However, as a more extensive and dynamic method of interpretation could increase human rights protections, it is relevant to reassess the position of the Court in asylum law. | [
{
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"id": "https://openalex.org/S4210213949",
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|
https://openalex.org/W4388032417 | LIMITS AND EXCLUSIONS OF THE RIGHT TO LIFE UNDER THE EUROPEAN CONVENTION ON HUMAN RIGHTS AND TURKISH LAW | [
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] | [
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"https://openalex.org/W588971676",
"https://openalex.org/W2050131062",
"https://openalex.org/W2161094666",
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"https://openalex.org/W2888011760",
"https://openalex.org/W3025658650",
"https://openalex.org/W4301096314",
"https://openalex.org/W4301911951"
] | https://api.openalex.org/works?filter=cites:W4388032417 | While philosophical, moral and religious debates continue in terms of the value and quality of human life, legal systems seek ways to protect individuals from situations that cannot be described as a natural death. Every person has a value from legal and humanitarian view. The right to life can be considered as the most basic right. In short, every human being has the right to live. This right is protected by law. The right to life involves the right not to be deprived of life illegally by states. The governments should take positive steps to protect the lives of everyone in their states. For this purpose, the right to life is accepted as an inviolable right and center of rights both in domestic law and in the European Convention on Human Rights. This article mainly deals with the right to life under the European Convention on Human Rights and Turkish law. In addition, the substance, importance and exceptions of the right to live, the responsibility of the state in the protection of this right and special cases related to the right to life are analysed. | [
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|
https://openalex.org/W3017043480 | Beyond an Anxiety Logic: A Critical Examination of Language Rights Cases before the European Court of Human Rights | [
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"Turkey"
] | [] | https://api.openalex.org/works?filter=cites:W3017043480 | Abstract Language rights have traditionally been codified and discussed in the context of minority protection. The identification of language rights with questions of national minorities can, however, confound the analysis. This article explores the freedom of using a language and argues that the individual dimension of language rights must not be ignored beside the group dimension. The argument proceeds along a reading of three recent cases from the European Court of Human Rights, which concerned the use of Kurdish in Turkey. The Court’s reasoning illustrates the risk of an ‘anxiety logic’, which sees any language rights in connection with political claims of groups, thereby introducing additional conditions for the right and disregarding the significance a specific language can have for an individual, being more than a medium of conveying and receiving information. Conceptualising language use as an individual freedom is necessary also to account for situations other than national minorities, most importantly for the language rights of immigrants. | [
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|
https://openalex.org/W2766686919 | The renunciation of minority rights and the making of the 1926 civil law: <i>mahzars</i> penned by non-Muslim minorities | [
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"Turkey"
] | [] | https://api.openalex.org/works?filter=cites:W2766686919 | Civil rights of the minorities, substantially framed in the Lausanne Peace Treaty in 1923, were subjected to secular regulation with the Civil Code issued in 1926 in Turkey. The annulment of the Lausanne provisions was justified with collective petitions penned by representatives of the non-Muslim communities. The collective petitions, called ‘mahzar’, constituted the legal pretext by which the non-Muslim communities were reconciled with the secularizing civil code of government. This article unravels the manuscripts of ‘mahzars’ and sheds light on the political backdrop whereby non-Muslim minorities renounced their rights in Article 42. Drawing on the scripts of mahzars, it tracks the justification and arguments made by the disclaimers of non-Muslim communities. It also delineates the debate on the act of renunciation by examining the transcripts of the negotiations at Lausanne Peace Conference and the internal and international press. Despite standing for the consent of the non-Muslim minorities, the collective petitions, this article argues, embodied hegemonic means of government to subdue minority rights. | [
{
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"id": "https://openalex.org/S164505828",
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|
https://openalex.org/W4205234554 | DOES RUSSIA NEED A NATIONAL HUMAN RIGHTS COURT? | [
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"Turkey"
] | [] | https://api.openalex.org/works?filter=cites:W4205234554 | The issues of human rights protection are under the constant scrutiny of the state and civil society. In this regard, the purpose of the article is to raise the problem of the advisability of creating a national human rights court. In the course of the analysis of the current state of judicial protection of the rights and freedoms of citizens in Russia, the study of foreign experience and the study of expert assessments on this issue the authors of the given article outline the main issues, the resolution of which will enable us to conclude that it is expedient to create a national human rights court. The supporters of the creation of such a court believe that it should become a body for re-solving specific disputes related to the restoration of violated rights caused by the actions (omission of acts) of state bodies and organizations that are the last national instance before applying to the ECHR. This court is called to solve a systemic problem in Russia–the problem of human rights violations, which the existing judicial system cannot currently solve. The opponents of the establishment of a national human rights court suggested that the crea-tion of an additional filter before applying to the ECHR would worsen the guarantees for the protection of human rights since it would create another additional stage that the applicant would have to go through before filing a complaint to a supranational judicial body. They also expressed the idea that the need to define the concept of a new human rights body, its com-petence, status and place in the judicial system of Russia will require amendments to the Constitution of the Russian Federation and the restructuring of a well- established judicial system. The analysis of the Turkish experience in the establishment of a national human rights court leads to the conclusion that it is a fairly effective instrument of national legal protection. Individual complaints about violations of the rights provided for in the Constitution of the Republic of Turkey and the European Convention on Human Rights are considered. The authors of the given article conclude that the assessment of the need to create a Russian court for human rights should be based not only on the expressed opinions and assumptions but based on a comprehensive study, including the analysis of the objective need to create such a body, taking into account the real effectiveness of the current judicial system, established empirically and through expert assessments; determination of the proposed model of the national court (its competences and place in the judicial system of Russia, procedural aspects of activities, issues of execution of judgments of such a court); examination of the expected effectiveness, taking into account the analysis of the resources spent (financial, organizational, personnel, etc.), changes in the Constitution of the Russian Federation and the expected results of the activities of such court. | [
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|
https://openalex.org/W341101268 | "All's Love, Yet All's Law". (Old World News) | [
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"Turkey"
] | [] | https://api.openalex.org/works?filter=cites:W341101268 | Browning may have intended his description to cover all God's work, but it is also an apt summary of what European institutions are doing in medical law and ethics. While there is encouragement to work together in harmony, the major European institutions also make laws and have courts whose decisions are binding. The best-known is the European Union, whose fifteen member countries recently invited a further ten to join. Its primary function is economic, but it is defined so that some of its directives, which have to be subsumed into national law, have considerable effect in medicine and bioethics. There are, for instance, a data protection directive and two directives on the conduct of clinical trials in EU member states. Less well known is the larger Council of Europe, with forty-four member states, and Belarus the only absentee. The Council was born not so much of love as of a desire to avoid the hatreds displayed across Europe in World War II. Its first major achievement was the adoption in 1950 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, based on the Universal Declaration of Human Rights. More remarkably, it also put in place a mechanism for interpreting and enforcing the Convention--initially a part-time European Commission of Human Rights, to which was added in 1959 the European Court of Human Rights, whose decisions are binding on states that have ratified the Convention. Individuals as well as states may complain about alleged breaches of Convention rights, and now do so in such numbers that the two-tier system was replaced four years ago with a full-time court. The commonest cases arise out of excessive delays in national legal systems so that cases take many years to be processed, more than the reasonable time within which the Convention requires them to be heard. The next commonest group is complaints of egregious abuse of human rights, including the right to life, by authorities in Turkey. That continuing record goes some way to explain why Europeans are generally less keen on Turkey joining the European Union than is the Bush administration. The European Court of Human Rights hears many cases about the conditions under which prisoners are held, and these often have a medical element. A recent case involved a French armed robber who developed lymphocytic leukaemia after three years in prison. He was put in chains for the journeys to and from hospital and chained to the bed during chemotherapy. He was released on license twenty-six months after diagnosis. … | [
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https://openalex.org/W2212851709 | The Social Legitimacy of Human Rights Courts: A Grounded Interpretivist Theory of the Legitimacy of the European Court of Human Rights | [
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{
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"Turkey"
] | [] | https://api.openalex.org/works?filter=cites:W2212851709 | This article offers an empirically grounded interpretivist theory of the social legitimacy of the European Court of Human Rights based on domestic judicial and political elite accounts of the legitimacy of the Court in Turkey, Bulgaria, United Kingdom, Ireland and Germany. The central argument of the article is that the social legitimacy of the European Court of Human Rights is based on a constant comparison between the values and goals of domestic institutions and the values and goals of the European Court of Human Rights. More specifically, the social legitimacy of the European Court of Human Rights is grounded in the logic of a fair compromise: What actors think they lose by according legitimacy to the European Court of Human Rights must be balanced by what they perceive to gain in return. Three factors organise how actors in different domestic settings struck a fair compromise in their domestic contexts: a) perception of domestic human rights conditions, b) commitment to cosmopolitan ideals of human rights and international law and c) commitment to domestic institutions. | [
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https://openalex.org/W3127979004 | The European Court of Human Rights’ Approach to Armed Conflict and Humanitarian Law: Ivory Tower or Pas de Deux? | [
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"Turkey",
"Iraq"
] | [] | https://api.openalex.org/works?filter=cites:W3127979004 | The European system of human rights protection came into being in 1950 with the adoption of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) by the then newly formed Council of Europe. The European Convention laid down a series of fundamental guarantees accorded to all individuals as protection against undue government interference and institutionalised human rights protection through the creation of the European Court of Human Rights (ECtHR). Interestingly, although the ECHR was adopted in the immediate aftermath of World War Two, the possibility of its provisions being applied to situations of armed conflict was not given serious thought during the drafting process and the ECHR was therefore principally conceived to apply in times of peace. In spite of this, the ECtHR has, in past decades, increasingly been called upon to apply its provisions in cases in which the conduct of the military forces of one of the States parties in the course of armed conflicts was at the heart of the issue. Applications filed in the wake of and in relation to the Turkish occupation of Cyprus or the Kosovo, Chechnya and Iraqi conflicts are cases in point. | [
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https://openalex.org/W4244791736 | Judge Pinto de Albuquerque and the Progressive Development of International Human Rights Law | [] | [
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"Turkey"
] | [] | https://api.openalex.org/works?filter=cites:W4244791736 | This is the first English written book that includes the most significant opinions of Judge Paulo Pinto de Albuquerque delivered at the European Court of Human Rights. He was the President of the Committee on the Rules of the Court, the President of the Criminal Law Group of the Court and the focal point for the international relations of the European Court with Constitutional and Supreme Courts outside Europe. Previously he had worked as an anti-corruption leading expert for the Council of Europe. As Full Professor at the Faculty of Law of the Catholic University of Lisbon, he has published, inter alia, 23 books in English, French, Italian, Portuguese, Russian, Spanish, Turkish and Ukranian and 65 legal articles and book chapters in those languages as well as Chinese and German. Since his appointment as a Judge in Strasbourg, he has authored 157 opinions that have significantly contributed to the development of international human rights law. The Judge’s decisions are regularly cited by academic scholars and practitioners in human rights law, public international law, criminal law, migration and refugee law. | [
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https://openalex.org/W4389622486 | Bordering human rights: displaced peoples’ experiences of containment and human rights violations | [
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"Turkey"
] | [] | https://api.openalex.org/works?filter=cites:W4389622486 | Contributing to debates in human rights and critical migration and border studies, this article focuses on how certain bordering practices limit displaced people from accessing universally recognised human rights. Specifically, it draws attention to some key bordering practices that restrict the physical mobility of displaced people in Turkey and Mexico. These two countries have become responsible for offering protection to many displaced people while simultaneously containing their mobility towards desired destinations. The analysis draws on extensive policy, program, and scholarly documents, and the testimonials of displaced people in these two regions. We contend that human rights violations are not merely an outcome of protection gaps for non-citizens in the international human rights regime; they can also result from deliberate containment and regulatory practices rooted in historic and contemporary hostile attitudes towards displaced people. We coin these practices ‘bordering human rights’. We further argue that these practices normalise the exclusion of displaced people from avenues of permanent protection in countries that migrants view as having the potential to provide them with safety and access to social services. | [
{
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|
https://openalex.org/W650176138 | Margins of conflict : the ECHR and transitions to and from armed conflict | [
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"Turkey"
] | [] | https://api.openalex.org/works?filter=cites:W650176138 | The European Convention on Human Rights was drafted in the wake of World War II. However, the dark shadows of that war have never fully receded from Europe. Armed conflicts have resurged time and again, from Northern Ireland to Cyprus and Turkey, and from the former Yugoslavia to the Caucasus. This book focuses on the margins of conflict - human rights aspects of transitions from peace to armed conflict and vice versa. First, it explores what limits human rights put on European societies which are on the brink of armed conflict. Second, it surveys the consequences of human rights violations committed during the armed conflict by looking at the aftermath of war. The book offers stimulating thought on a broad range of materials, especially procedural issues, such as the territorial scope of the Convention, states of emergency, freedom of expression and conflict escalation, obligations relating to enforced disappearances, interim measures, and pilot judgments. Taken together, they reflect both the potential and limitations of human rights in the run-up to conflicts, as well as their aftermath. | [] |
|
https://openalex.org/W51533508 | A comparision of the United Nations and the European Union as agents of norm diffusion: Darfur crisis in Sudan and freedom of expression in Turkey | [
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] | [
"Turkey",
"Sudan"
] | [] | https://api.openalex.org/works?filter=cites:W51533508 | International organizations contribute to the diffusion of international norms. Although the impact of domestic conductivity on norm compliance is evident, the level of enforcement mechanism of these organizations does matter as well. Human rights norms as the most influential idea of the recent decades gained prominence in foreign policies of the states as well as in international law with the creation of international organizations. The United Nations (UN) and the European Union (EU) are today the most influential players in human rights promotion. Nevertheless, their impacts on the delinquent states differ significantly. From a rationalist perspective, this thesis will argue that despite the fact that the UN has been the legal guardian of human rights norms, the EU is a better promoter largely due to its political conditionalities on the future member states and it is more successful at sustaining domestic change regarding human rights due to the attractiveness of its reward: full membership. This thesis, therefore, focuses on the role of these organizations in promoting human rights and facilitating norm diffusion specifically by looking at the UN's role in Sudan regarding Darfur crisis, and the EU's impact on Turkey regarding freedom of expression. | [] |
|
https://openalex.org/W2924200384 | International Obstacles to Russian Gender Discrimination Cases at the European Court of Human Rights | [
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"Turkey"
] | [] | https://api.openalex.org/works?filter=cites:W2924200384 | Chapter 5 takes up the international obstacles to successful gender discrimination claims at the European Court of Human Rights (ECtHR), both across the Council of Europe, and from Russia specifically. The reluctance of the Court until recently to find violations of Article 14 alongside violations of other articles of the European Convention on Human Rights (ECHR), the limited set of circumstances in which discrimination falls under the Convention’s jurisdiction, and the very high bar of evidence required to prove discrimination, all play a large part in explaining the Court’s miniscule case record on gender discrimination. Yet we also document how the Court has become more open in the past several years to finding sex-based discrimination violations, in part due to the diffusion of successful logics of argument among women’s rights lawyers, as well as the emergence of standards in other international women’s rights conventions that the ECtHR has begun to acknowledge, such as the Convention on Eliminating All Forms of Discrimination Against Women (CEDAW). The chapter discusses a variety of landmark cases at the ECtHR in this area, such as <italic>Opuz v. Turkey</italic> and <italic>Konstantin Markin v. Russia</italic>. | [
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https://openalex.org/W4319763480 | Regina (Akarcay) <i>v.</i> Chief Constable of the West Yorkshire Police | [] | [
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] | [
"Turkey"
] | [] | https://api.openalex.org/works?filter=cites:W4319763480 | 423 Relationship of international law and municipal law — Treaties — Treaty of Guarantee between United Kingdom, Turkey, Greece and Cyprus, 1960 — Need for incorporation of international treaties — Effect of United Nations Security Council Resolutions 541 and 550 in international and domestic law Recognition — Recognition of Northern Cyprus — Non-recognition of Northern Cyprus by United Kingdom — Acts amounting to recognition — Co-operation with law enforcement authorities of unrecognized entity Jurisdiction — European Arrest Warrant — Jurisdiction over individuals from unrecognized States — Jurisdiction for crimes committed within England and Wales — Jurisdiction under European Convention on Human Rights, 1950 Human rights — Human Rights Act 1998 — European Convention on Human Rights, 1950 — Article 3 of European Convention prohibiting torture and inhuman or degrading treatment or punishment — Article 6 of European Convention providing right to a fair trial — Conditions within prisons and courts of Northern Cyprus — Evidence relevant in European Convention on Human Rights claims — Extent of territorial jurisdiction — Whether claimant within jurisdiction of United Kingdom for purposes of European Convention — Whether claimant being granted permission to challenge provision of material to Northern Cyprus police on this ground — The law of England | [
{
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"id": "https://openalex.org/S4210207039",
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|
https://openalex.org/W2805735376 | To what extend are the migrant workers’ rights positioned within the discourse of human rights | [
{
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"display_name": "Sureyya Sonmez Efe",
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{
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"id": "https://openalex.org/C186229450"
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"Turkey"
] | [] | https://api.openalex.org/works?filter=cites:W2805735376 | “World community has entered into the varying degrees in to a universal community and violation of rights in one part of the world is felt everywhere…the idea of cosmopolitan right is therefore not fantastic and overstrained; it is a necessary complement to the unwritten code of political and international rights, transforming it into a universal right of humanity. Only under this condition can we flatter ourselves that we are continually advancing towards perpetual
peace” (Immanuel Kant, 1795).
This statement succinctly summarises an ideal picture of an international system of rights through the lenses of cosmopolitanism; the only way to accomplish perpetual peace is to have a universal system of rights that makes states and people responsible for their actions and holds them to account within a realm of universal responsibility i.e. ICC (International Criminal Court) is an example of a cosmopolitan approach to moral and legal conduct of states/individuals. The cosmopolitan approach helps us to establish a universal system of law on the grounds of moral values. Thus, in this paper, I aim to analyse the rights of migrant workers taking a Human Rights (HR) based approach in the light of the concept of cosmopolitanism. I will explore the key components of cosmopolitan right which are as follows in this context; migrant workers as autonomous agents, the state and universal system of rights (UN agencies). I will then look at the key factors that become an obstacle for recognition of migrant workers’ rights.
First I will analyse the state sovereignty. State sovereignty poses either as a challenge to the universal system of law that lays out the rights of migrant workers; or according to Kant’s concept of cosmopolitanism, it becomes the core element of the system of rights by acting as a moral agent-the morality of the states are reinforced by subscription to universal moral/legal rights i.e. signing up to the UN HR Conventions.
I will then look at the conversation of the legal rights of migrant workers at International HR Organisations and the states’ attitudes towards the core Universal HR Conventions concerning the rights of migrant workers. Within this section, I will explore the definition of ‘migrant worker’ and the key reasons for nation states’ lack of interest
into these conventions.
Thirdly, I will look at the 2008 Global Economic Crisis (GEC) which is the second factor that affects the recognition and
implementation of HR conventions concerning migrant workers by nation states. I will analyse the impact of the 2008 GEC on global migration flows in general and on migrant workers in particular.
Fourthly, national immigration policies is my final analysis in this paper to show the impact of the GEC on the rights of migrant workers and the role of state sovereignty in implementation of the HR conventions concerning the rights of migrant workers within their territories. I will closely look at the impact of the GEC on the Turkish economy and immigration policy. The analysis of Turkish immigration policy will allow me to draw conclusions to see whether
protection of migrant workers is the priority of the nation states’ policies or not. | [] |
|
https://openalex.org/W2145893853 | Transnational legal sites and democracy-building | [
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"Turkey"
] | [] | https://api.openalex.org/works?filter=cites:W2145893853 | Until recently the term ‘cosmopolitanism’ was a forgotten concept in the intellectual history of the 18th and 19th centuries. The last two decades have seen a remarkable revival of interest in cosmopolitanism across a wide variety of fields. This article contends that legal developments since the 1948 Declaration of Human Rights and the rise of an ‘international human rights regime’ are at the forefront of a new cosmopolitanism. Yet there is a great deal of skepticism toward such claims on the part of those who maintain that democracy and human rights are best furthered by the nation-state framework. Still others confuse legal cosmopolitanism with the spread of a uniform system of rights across different national jurisdictions. In several writings in the past, I developed the concept of ‘democratic iterations’ to argue against such skepticism as well as misunderstandings of legal cosmopolitanism. In this article, I show how democratic iterations unfold across transnational legal sites, which encompass various national jurisdictions and through which contentious dialogues on the application and interpretation of such fundamental rights as ‘freedom of religion’ in different jurisdictions can emerge. To document such processes I focus on the Leyla Sahin v. Turkey case which was adjudicated by the European Court of Human Rights in 2005. | [
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|
https://openalex.org/W2665450597 | Religion and the State the European Court of Human Rights and the Lautsi' Case About Crucifixes in Italian Class Rooms | [
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"Turkey"
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"https://openalex.org/W1585091863",
"https://openalex.org/W1997678424",
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"https://openalex.org/W2122633362",
"https://openalex.org/W2412756172",
"https://openalex.org/W3123105799",
"https://openalex.org/W3166361760",
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"https://openalex.org/W4240888645",
"https://openalex.org/W4242048370"
] | https://api.openalex.org/works?filter=cites:W2665450597 | The relationship between political authorities and religious communities is complex and controversial. One area where the tensions are evident is in public education. Tensions arise when the state seeks to include or exclude contested religious symbols and teachings within the public educational system. The European Court of Human Rights' track record may seem inconsistent. It has restricted religious teaching in textbooks allowed Turkey to prohibit students from wearing religious headscarves at university, allowed Switzerland to prohibit primary school teachers from wearing headscarves , and allows Italy to require crucifixes on school walls – after first denying Italy that authority. There are several ways to try to make some sense of this cluster of decisions. The explanation which will be addressed here is the ECtHR’s practice to grant states a ‘Margin of Appreciation’ (MA). This article seeks to bring a more precise MA doctrine to bear on the Lautsi case concerning crucifixes on school walls, to assess whether the ECtHR decision and doctrine withstands criticism that it is too vague, or that it is poorly applied in this particular case. The first section presents the Lautsi case, the following sections attend to various elements of the MA doctrine of the court. We return at the end to consider whether critics of the MA doctrine are right. | [
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|
https://openalex.org/W2990144947 | Helping vs Hindering Sovereignty: The Differential Politicization of the European Court of Human Rights in the Austrian and Swiss Quality Press | [
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{
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"id": "https://openalex.org/C2776931949"
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{
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"id": "https://openalex.org/C86615163"
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] | [
"Turkey"
] | [] | https://api.openalex.org/works?filter=cites:W2990144947 | In recent years, the European Court of Human Rights (ECtHR) has faced
increasing criticism by various stakeholders. Its authority to pass binding judgments on human rights violations committed by the signatory states of the European Convention of Human Rights (ECHR) has been put in question not only by Russia and Turkey, which are frequently found to have violated the ECHR, but also by states such as Switzerland and the United Kingdom. However, the level of skepticism vis-a-vis the Court and the readiness to act upon the expressed criticism seem to vary across the different signatory states. Based on the conception of politicization proposed by Zurn, Binder, and Ecker-Ehrhardt, we compare the public evaluation of the ECtHR in Austria and Switzerland. Our analysis of evaluative statements on the ECtHR in the Austrian and Swiss quality press from 1999 to 2016 shows that the ECtHR is more strongly politicized in Switzerland than in Austria. Moreover, the justifications given for delegitimizing statements in
Switzerland hint at different perspectives on the relation between international institutions and popular sovereignty. In the Austrian case, the ECtHR is seen to be helping to achieve sovereignty; in the Swiss debate, it is mainly viewed as hindering—or intruding on—popular sovereignty. In more general terms, this observation suggests a need to theorize and empirically map the interplay between local conceptions of legitimate political authority and the legitimation of
international institutions. | [] |
|
https://openalex.org/W2912606967 | Negating pluralist democracy: the Strasbourg court forgets the rights of the electors | [
{
"affiliations": [],
"display_name": "Bill Bowring",
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{
"display_name": "Human rights",
"id": "https://openalex.org/C169437150"
},
{
"display_name": "Law",
"id": "https://openalex.org/C199539241"
},
{
"display_name": "Democracy",
"id": "https://openalex.org/C555826173"
},
{
"display_name": "Margin of appreciation",
"id": "https://openalex.org/C2776931949"
},
{
"display_name": "Dissent",
"id": "https://openalex.org/C523173360"
},
{
"display_name": "Convention",
"id": "https://openalex.org/C2780608745"
},
{
"display_name": "Political science",
"id": "https://openalex.org/C17744445"
},
{
"display_name": "Declaration",
"id": "https://openalex.org/C138147947"
},
{
"display_name": "Fundamental rights",
"id": "https://openalex.org/C95691615"
},
{
"display_name": "State (computer science)",
"id": "https://openalex.org/C48103436"
},
{
"display_name": "International human rights law",
"id": "https://openalex.org/C86615163"
},
{
"display_name": "Sociology",
"id": "https://openalex.org/C144024400"
},
{
"display_name": "Politics",
"id": "https://openalex.org/C94625758"
},
{
"display_name": "Algorithm",
"id": "https://openalex.org/C11413529"
},
{
"display_name": "Computer science",
"id": "https://openalex.org/C41008148"
}
] | [
"Turkey"
] | [] | https://api.openalex.org/works?filter=cites:W2912606967 | This article reviews some recent decisions of the European Court of Human Rights
(ECtHR) in relation to Article 3 of Protocol 1 to the European Convention on Human
Rights (ECHR). It first explores the provenance of this rather oddly worded provision,
starting with Article 21 of the Universal Declaration on Human Rights of 1948
(UDHR), and the rather fraught negotiations which took place in the first years of the
Council of Europe. This is then set against some of the arguments as to the meaning
and content of the concept of “democracy”. Following an analysis of the case-law as
it has developed over the years, the article looks in more detail at three recent cases
of the ECtHR. In Ždanoka v Latvia (Grand Chamber decision of 16 March 2006)2
,
the Court, in a decision described by the leading dissent (Judge Rozakis) as “dubious”
and “obscure”, has allowed the State a practically unlimited margin of appreciation. A
similar trend can be observed in the Chamber judgment in Yumak and Sadak v Turkey
(decision of 30 January 2007).3
This article argues that, in these decisions, the ECtHR appears to be forgetting a
fundamental principle underlying the right to pluralistic democracy, which is that the
“passive” right to stand as a candidate in elections is not the right of the candidate, but
of the electors. Unless there is a very good reason indeed, the electors should be able to
elect the candidate of their choice. Otherwise, how can there be free elections? | [] |
|
https://openalex.org/W2946910122 | The Obligation to Investigate and to Cooperate with Investigations of Unlawful Cross-Border Killings under Article 2 of the European Convention on Human Rights | [
{
"affiliations": [
{
"country": "Germany",
"display_name": "University of Bonn",
"id": "https://openalex.org/I135140700",
"lat": 50.73438,
"long": 7.09549,
"type": "education"
}
],
"display_name": "Stefan Talmon",
"id": "https://openalex.org/A5039482465"
}
] | [
{
"display_name": "Obligation",
"id": "https://openalex.org/C2778447849"
},
{
"display_name": "Human rights",
"id": "https://openalex.org/C169437150"
},
{
"display_name": "Convention",
"id": "https://openalex.org/C2780608745"
},
{
"display_name": "Law",
"id": "https://openalex.org/C199539241"
},
{
"display_name": "Political science",
"id": "https://openalex.org/C17744445"
},
{
"display_name": "International human rights law",
"id": "https://openalex.org/C86615163"
},
{
"display_name": "Law and economics",
"id": "https://openalex.org/C190253527"
},
{
"display_name": "Sociology",
"id": "https://openalex.org/C144024400"
}
] | [
"Turkey"
] | [
"https://openalex.org/W2302162681",
"https://openalex.org/W2520258133",
"https://openalex.org/W2617333149",
"https://openalex.org/W4231017222",
"https://openalex.org/W4233600558",
"https://openalex.org/W4240831728",
"https://openalex.org/W4241980265",
"https://openalex.org/W4244375948",
"https://openalex.org/W4248048814",
"https://openalex.org/W4249502303"
] | https://api.openalex.org/works?filter=cites:W2946910122 | Article 2 of the European Convention on Human Rights requires Contracting States to take appropriate steps to safeguard the lives of those within their jurisdiction, including carrying out an effective investigation into alleged unlawful killings. Each year, there are hundreds of cases where the suspected perpetrator absconds to another State, or where evidence is located or witnesses are present in the territory of another State. This raises the question of whether in such cross-border situations the Contracting States concerned are under a procedural obligation to seek assistance, investigate a killing occurring abroad and to cooperate with each other’s investigation and, in particular, whether Article 2 of the Convention imposes a duty on Contracting States to transmit evidence or extradite a suspect.
In its judgment of 29 January 2019 in the case of Guzelyurtlu v. Cyprus and Turkey, the Grand Chamber of the European Court of Human Rights had, for the first time, the opportunity to address these questions in greater detail. This paper examines the existence and extent of the procedural obligation under Article 2 of the Convention to investigate and to cooperate in investigating unlawful killings in a cross-border context in light of the Court’s existing jurisprudence. In particular, it analyses whether and, if so, to what extent the Grand Chamber in Guzelyurtlu went beyond the Court’s existing case-law and, by dispensing with a clear jurisdictional link between the person killed and the respondent State established the procedural obligation to investigate and cooperate as a free-standing obligation of all 47 Contracting States of the Convention. | [
{
"display_name": "Social Science Research Network",
"id": "https://openalex.org/S4210172589",
"type": "repository"
}
] |
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