AbstractThis thesis aims to contribute to the drafting process of a new constitution of Turkey with regards to the issue of the horizontal effect of human rights. Such a contribution is necessary, given that the protection of human rights in horizontal relationships today is an inseparable aspect of effective human rights protection. However, this aspect of human rights protection is either under-acknowledged or entirely disregarded by Turkish lawyers.
The thesis critically analyses how human rights are provided protection in horizontal relationships in the jurisprudence of the European Court of Human Rights and in four national jurisdictions – Turkey, the USA, Germany and South Africa– in five separate chapters. Based on analyses of five different jurisdictions, the thesis then draws several conclusions on the issue of the horizontal effect of human right. In this regard, the thesis claims that with emergence of an intent to provide effective protection to human rights, both at international and national levels, the protection of human rights in horizontal relationships, as well as in vertical ones, becomes a necessity of effective human rights protection. This necessity requires taking human rights into account in all fields of law and balancing conflicting rights. This necessity, the thesis explains, inevitably requires active involvement of judicial organs to human rights protection in horizontal relationships, which in turn can result in the emergence of problems concerning the separations of powers. The thesis, in the end, delivers several recommendations addressed to the drafters of the new constitution in relation to the issue of horizontal effect of human rights.
In this regard, the thesis argues that the already existent mechanisms in Turkish law are potentially capable of protecting human rights in horizontal relationships and that these mechanisms should be preserved in the new constitution of Turkey for that purpose. This recommendation is also accompanied by further recommendations in line with the overall findings of the thesis.
|Date of Award||2016|
|Supervisor||Patrick Ford (Supervisor) & Robin Churchill (Supervisor)|
Human Rights in Turkey Through the Prism of Horizontal Effect: Analysis, Comparisons, Recommendations
Yilmaz, M. C. (Author). 2016
Student thesis: Doctoral Thesis › Doctor of Philosophy