scholarly journals Minorities in Turkey I: Law and Reform

2021 ◽  
Vol 1 (1) ◽  
pp. 49-56
Author(s):  
Baskın Oran
Keyword(s):  
European Union ◽  
Human Rights ◽  
Critical Period ◽  
Minority Rights ◽  
The European Union ◽  
State Of Emergency ◽  
The Republic ◽  
Race And Religion ◽  
The Relationship ◽  
Religious Term

Here I uncover the relationship between the term “Turk” (an ethno-religious term that, in some usages covertly, in some overtly, avers that Turkey is the land of ethnic Turks, and that only Muslims are considered Turk), and the concepts of race and religion. A critical period for the advancement of human rights and minority rights in Turkey occurred in the early 2000s, when the parliament adopted a series of reform packages in order to harmonize the country’s laws with those of the European Union (EU). I propose to examine a case of these most radical democratic reforms carried out since the establishment of the republic, in order to understand how these reforms have been put into practice. I also trace the deviation from these reforms after 2005, by examining the subsequent laws and practices that undo or undermine them, and discuss their implications, particularly for Kurds in case of the deterioration under the state of emergency (Olağanüstü Hal, or OHAL), declared in response to the July 15, 2016 coup attempt.

Hungary: Act LXII of 2001 on Hungarians Living in Neighbouring Countries

2001 ◽  
Vol 40 (5) ◽  
pp. 1242-1253
Keyword(s):  
European Union ◽  
Human Rights ◽  
International Law ◽  
European Integration ◽  
Minority Rights ◽  
The European Union ◽  
International Organisations ◽  
Council Of Europe ◽  
Basic Principles ◽  
The Republic

In order to comply with its responsibilities for Hungarians living abroad and to promote the preservation and development of their manifold relations with Hungary prescribed in paragraph (3) of Article 6 of the Constitution of the Republic of Hungary;Considering the European integration endeavours of the Republic of Hungary and in-keeping with the basic principles espoused by international organisations, and in particular by the Council of Europe and by the European Union, regarding the respect of human rights and the protection of minority rights;Having regard to the generally recognised rules of international law, as well as to the obligations of the Republic of Hungary assumed under international law

6. General principles of law

2017 ◽  
Author(s):  
Lorna Woods ◽  
Philippa Watson ◽  
Marios Costa
Keyword(s):  
European Union ◽  
Human Rights ◽  
Fundamental Rights ◽  
European Convention ◽  
The European Union ◽  
Charter Of Fundamental Rights ◽  
Protection Of Human Rights ◽  
General Principles Of Law ◽  
Relationship Of ◽  
The Relationship

This chapter examines the development of the general principles by the Court of Justice (CJ) to support the protection of human rights in the European Union (EU) law. It analyses the relationship of the general principles derived from the CJ’s jurisprudence to the European Convention on Human Rights (ECHR), and the European Charter of Fundamental Rights (EUCFR). It discusses the possible accession of the EU to the ECHR and the implications of Opinion 2/13. It suggests that although the protection of human rights has been more visible since the Lisbon Treaty and there are now more avenues to such protection, it is debatable whether the scope and level of protection has increased.

Defending core values: Human rights and the extradition of fugitives

2020 ◽  
Vol 57 (4) ◽  
pp. 581-596
Author(s):  
Asif Efrat ◽  
Abraham L Newman
Keyword(s):  
European Union ◽  
Human Rights ◽  
The United States ◽  
Core Values ◽  
Political Resistance ◽  
Theoretical Expectation ◽  
The European Union ◽  
Human Rights Abuse ◽  
The Relationship

Are states willing to overlook human rights violations to reap the fruits of international cooperation? Existing research suggests that this is often the case: security, diplomatic, or commercial gains may trump human rights abuse by partners. We argue, however, that criminal-justice cooperation might be obstructed when it undermines core values of individual freedoms and human rights, since the breach of these values exposes the cooperating state to domestic political resistance and backlash. To test our argument, we examine extradition: a critical tool for enforcing criminal laws across borders, but one that potentially threatens the rights of surrendered persons, who could face physical abuse, unfair trial, or excessive punishment by the foreign legal system. We find support for our theoretical expectation through statistical analysis of the surrender of fugitives within the European Union as well as surrenders to the United States: greater respect for human rights correlates with the surrender of fewer persons. A case study of Britain confirms that human rights concerns may affect the willingness to extradite. Our findings have important implications for debates on the relationship between human rights and foreign policy as well as the fight against transnational crime.

scholarly journals Who is Entitled to the Right to Respect for Family Life Under the European Union Law?

Teisė ◽  
2019 ◽  
Vol 110 ◽  
pp. 24-45
Author(s):  
Ingrida Danėlienė
Keyword(s):  
European Union ◽  
Human Rights ◽  
Family Life ◽  
National Level ◽  
Fundamental Rights ◽  
European Convention ◽  
The European Union ◽  
European Union Law ◽  
The Republic ◽  
The Right

[full article, abstract in English; abstract in Lithuanian] The article investigates the right to respect for family life, established by Article 7 of the Charter of Fundamental Rights of the European Union, as applied and interpreted in conjunction with the right to marry and the right to found a family, laid down in Article 9 of the Charter. The standard of protection set by European Union law regarding these rights is identified by taking into account the standard of protection of the relevant rights established by the European Convention on Human Rights and the established case law of the European Court of Human Rights. Topical issues relating to the consolidation of these individual rights at the national level in the Republic of Lithuania are also addressed in the article. In doing so, an emphasis is laid on the content of the concepts of “family” and “family life” under supranational and national law.

The problem of recognition by the European union of "Crimean" passports

2020 ◽  
pp. 6-13
Author(s):  
S. Gavrilova ◽  
E. Bumagina
Keyword(s):  
European Union ◽  
Human Rights ◽  
International Law ◽  
The European Union ◽  
The Republic

The article considers the problem of non-recognition by member countries of the European Union, the Russian passports issued on the territory of the Republic of Crimea and Sevastopol city, and the difficulty of obtaining a Schengen visa by citizens of these regions. The EU's position on this issue is a violation of human rights and contradicts the norms of international law. The authors suggest possible solutions to this problem.

1. Context, Background, and Institutions

2020 ◽  
pp. 3-16
Author(s):  
Bernadette Rainey ◽  
Pamela McCormick ◽  
Clare Ovey
Keyword(s):  
European Union ◽  
Human Rights ◽  
Secretary General ◽  
The Other ◽  
European Convention ◽  
The Political ◽  
The European Union ◽  
Council Of Europe ◽  
The Relationship

This chapter examines the history and institutions associated with the European Convention on Human Rights (ECHR). It discusses the political context in which the European Convention was drafted and both the political developments and philosophies which shaped its content. It also examines the system of protection provided by the different organs of the Council of Europe; the relationship between those organs and other international courts and tribunals, including the European Union; and the role of the Secretary-General of the Council of Europe, the Commissioner for Human Rights, and the other human rights instruments of the Council of Europe in the enforcement of the human rights provisions.

Using Comparative Reasoning in Human Rights Adjudication: The Court of Justice of the European Union and the European Court of Human Rights Compared

2013 ◽  
Vol 15 ◽  
pp. 383-415 ◽  
Author(s):  
Christopher McCrudden
Keyword(s):  
European Union ◽  
Human Rights ◽  
Normative Theory ◽  
Fundamental Rights ◽  
The European Union ◽  
Court Of Justice ◽  
European Court ◽  
The Relationship

AbstractThis chapter examines the relationship between the methods that the European Court of Human Rights (ECtHR) and the Court of Justice of the European Union (CJEU) use to decide disputes that involve ‘human’ or ‘fundamental’ rights claims, and the substantive outcomes that result from the use of these particular methods. It has a limited aim: in attempting to understand the interrelationship between human rights methodology and human rights outcomes, it considers primarily the use of ‘comparative reasoning’ in ‘human’ and ‘fundamental’ rights claims by these courts. It is not primarily concerned with examining the extent to which the use of comparative reasoning is based on an appropriate methodology or whether there is a persuasive normative theory underpinning the use of comparative reasoning. The issues considered in this chapter do some of the groundwork, however, that is necessary in order to address these methodological and normative questions.

Present and Future Relations between the ECJ and the ECtHR

ICL Journal ◽  
2013 ◽  
Vol 7 (3) ◽  
Author(s):  
Rosmarie Doblhoff-Dier ◽  
Sandra Kusmierczyk
Keyword(s):  
European Union ◽  
Human Rights ◽  
European Convention ◽  
The European Union ◽  
Council Of Europe ◽  
European Union Law ◽  
The Road ◽  
European Court ◽  
On The Road ◽  
The Relationship

AbstractBy acceding to the European Convention on Human Rights (ECHR), the EU’s role as supranational player in the complex human rights architecture of Europe will be finally recognized. On 5 April 2013, the negotiators of the accession procedure of the European Union to the ECHR agreed on a package of draft accession instruments. Constituting a mile­stone on the road to accession, the now revised Accession Agreement still leaves vast room for discussion. By critically scrutinizing some of its modalities, this article will evaluate its impact on the human rights jurisdiction of the European Court of Justice (ECJ) and the Eu­ropean Court of Human Rights (ECtHR) and the relationship between both courts. To this end, it will address the somewhat disproportionate involvement of the European Union in the future jurisdiction of the ECtHR and in the decision making of the Council of Europe in matters linked to the ECHR. Furthermore, it will focus on the compatibility of the Draft Agree­ment with the principle of autonomous interpretation of European Union Law: a highly rel­evant discussion for the ECJ’s future Opinion under Article 218 (11) TFEU on the compatibil­ity of the finalized draft agreement with the Treaties - the next hurdle for accession.

The Relationship Between the EU Charter of Fundamental Rights and the European Convention on Human Rights: an Originalist Analysis

2015 ◽  
Vol 11 (3) ◽  
pp. 482-511
Author(s):  
Stephen Brittain
Keyword(s):  
European Union ◽  
Human Rights ◽  
Case Law ◽  
Fundamental Rights ◽  
European Convention ◽  
The European Union ◽  
Court Of Justice ◽  
European Court ◽  
Charter Of Fundamental Rights ◽  
The Relationship

European Convention on Human Rights and the European Union Charter of Fundamental Rights: relationship – Teleological method of interpretation of the European Court of Justice: meaning, justifications, and criticisms – Originalist method of interpretation: meaning, justifications, and criticisms – Original meaning of Article 52(3) of the Charter: text, drafting history, case law – Conclusion: case law of European Court of Human Rights not strictly binding on the Court of Justice of the European Union.

scholarly journals DETENTION OF ASYLUM SEEKERS THROUGH THE PRACTICE OF THE COURT OF JUSTICE OF THE EUROPEAN UNION ON THE EXAMPLE OF THE REPUBLIC OF HUNGARY AND THE PERSPECTIVES OF THE NEW PACT ON MIGRATION AND ASYLUM

2021 ◽  
Author(s):  
Marina Čepo
Keyword(s):  
European Union ◽  
Human Rights ◽  
Asylum Seekers ◽  
Severe Form ◽  
The European Union ◽  
Major Step ◽  
Court Of Justice ◽  
The Republic ◽  
The Right ◽  
In Transit

Restrictions on freedom of movement, in particular the detention of asylum seekers as the most severe form of such restrictions, constitute an interference with fundamental human rights and must be approached with particular care. In view of the migration and refugee crisis, the Republic of Hungary has begun to amend its asylum legislation, thus tightening the conditions for the detention of asylum seekers. The introduction of the provision establishing that asylum may be sought only in transit zones has also led to the gradual detention of asylum seekers in transit zones, which Hungary did not consider as detention. This issue was brought before the Court of Justice of the European Union (hereinafter: CJEU), which drastically changed the path taken by the Hungarian government when it comes to detaining asylum seekers. What the CJEU has found is that leaving people in transit zones without the right to free movement is to be considered detention, even though they are not specialized detention facilities. The CJEU ordered that such a practice must cease immediately. Therefore, this paper will examine the Hungarian practice following the judgment of the CJEU. The CJEU has taken a major step towards protecting the rights of asylum seekers as regards detention, and the EU recently adopted amendments as part of the new Pact on Migration and Asylum aimed at improving the existing asylum system. The second part of the paper analyzes the provisions of the new Pact on Migration and Asylum related to detention in order to determine whether the proposed amendments contribute to the Common European Asylum System and the protection of the human rights of asylum seekers or represent a step backwards.

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