Turkey's mixed human rights record has been highly politicized in the debate surrounding the country's probable ascendance to membership in the European Union. Beginning with the foundation of a secular republic in 1923, and continuing with founding membership in the United Nations and participation in the European Convention on Human Rights and Fundamental Freedoms, Turkey made significant commitments to the advancement of human rights. However, its authoritarian tradition, periods of military rule, increasing social inequality, and economic crises have led to policies that undermine human rights. While legislative reforms and civil social activism since the 1980s have contributed greatly to the advancement of human rights, recent progress is threatened by the rise of nationalism, persistent gender inequality, and economic hardship. In Human Rights in Turkey, twenty-one Turkish and international scholars from various disciplines examine human rights policies and conditions since the 1920s, at the intersection of domestic and international politics, as they relate to all spheres of life in Turkey. A wide range of rights, such as freedom of the press and religion, minority, women's, and workers' rights, and the right to education, are examined in the context of the history and current conditions of the Republic of Turkey. In light of the events of September 11, 2001, and subsequent developments in the Middle East, recent proposals about modeling other Muslim countries after Turkey add urgency to an in-depth study of Turkish politics and the causal links with human rights. The scholarship presented in Human Rights in Turkey holds significant implications for the study of human rights in the Middle East and around the globe
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There is no end or teleology to the struggle for human rights. There is no economic development as warranty for the abolition of human rights violations. There is no justice system immune to examples of injustice and inhumane behaviour. However, universal human rights are one way to ensure that humanitarian movements win one victory at a time. The paper discusses how Portugal, Greece and Spain each have surprisingly diverse human rights struggles, depending on their histories. No wonder that in much different countries, western countries or else, the human rights struggles are so different. Regardless, these facts should not provide an excuse for social theory to avoid understanding what is universal wherever human rights activists are involved. Social theory should take as its goal to show how in each and every society, regardless of very different history, culture or politics, humans share universal needs and desires that transcend their differences.
1. Introduction: rewriting decisions from a perspective of human rights integration v Eva Brems -- Part I Civil and political rights -- 2. Questions of method : the use of "external sources" in National Union of Rail, Maritime and Transport Workers v the United Kingdom (ECtHR) / Sébastien Van Drooghenbroeck, Frédéric Krenc and Olivier Van der Noot -- 3. Standing alone or together: the Human Rights Committee's decision in A.P. v Russian Federation / Gerald L. Neuman -- 4. Use of comparative authority in the drafting of judgments of a new regional human rights court. African Court on Human and peoples' Rights, Zongo v Burkina Faso / Magnus Killander -- 5. Same-sex marriage in polarised times: revisiting Joslin v New Zealand (HRC) / Malcolm Langford -- Part II Economic and social rights -- 6. Caring, rescuing or punishing? Rewriting R.M.S v Spain (ECtHR) from an integrated approach to the rights of women and children in poverty / Valeska David -- 7. Re-imagining human rights responsibility: shared responsibility for austerity measures in Federation of employed pensioners of Greece (IKA-ETAM) v Greece (ECSR) / Wouter Vandenhole -- Part III Women's rights -- 8. Yilmaz-Dogan v The Netherlands (CERD): forum shopping and intersecting grounds of discrimination thirty years later / Rhona Smith -- 9. Developing the full range of state obligations and integrating intersectionality in a case of involuntary sterilization. CEDAW Committee, 4/2004, AS v Hungary / Eva Brems -- 10. Objection ladies! Taking IPPF-EN v Italy (ECSR) one step further / Emmanuelle Bribosia, Ivana Isailovic and Isabelle Rorive -- Part IV Disability rights -- 11. Rewriting CLR on behalf of Valentin Campeanu v Romania (ECtHR): actio popularis as ultimum remedium to enhance access to justice of victims with a mental disability / Helena De Vylder -- 12. Integrating disability and elder rights into the ECHR: rewriting McDonald v the United Kingdom (ECtHR) / Marijke De Pauw and Paul De Hert -- 13. Another look at Glatzel (ECJ). Of principles and discriminations / Antoine Bailleux and Isabelle Hachez -- Part V Indigenous peoples' rights -- 14. Taking seriously Indigenous peoples' right of self-determination and the principle of 'free, prior and informed consent'. Human Rights Committee, 2102/2011, Paadar et al. v Finland / Martin Scheinin -- 15. Rewriting Social and Economic Rights Action Centre and the Centre for Economic and Social Rights v Nigeria (African Commission on Human and Peoples' Rights): pushing indigenous peoples' rights in Africa forward / Stefaan Smis and Derek Inman -- 16. Moving human rights jurisprudence to a higher gear: Rewriting the case of the Kichwa Indigenous People of Sarayaku v Ecuador (Inter-Am. Ct HR) / Lieselot Verdonck and Ellen Desmet
Introduction -- The four paradigms or ideal-types in the discipline of international relations -- The different debates in the discipline of international relations -- Realism : theory and (the effectiveness of ) international human rights treaties -- Liberalism : theory and the effectiveness of international human rights treaties -- Institutionalism : theory and the effectiveness of international human rights treaties -- Fairness : theory and the effectiveness of international human rights treaties -- Transnational legal process : theory and the effectiveness of international human rights treaties -- Managerial process : theory and the effectiveness of international human rights treaties -- The autonomous legal discourse and the appellative or the discursive effect of human rights.