Suchergebnisse

With its contextualized analysis of the European Court of Human Rights' (ECtHR) engagement in Turkey's Kurdish conflict since the early 1990s, Limits of Supranational Justice makes a much-needed contribution to scholarships on supranational courts and legal mobilization. Based on a socio-legal account of the efforts of Kurdish lawyers in mobilizing the ECtHR on behalf of abducted, executed, tortured and displaced civilians under emergency rule, and a doctrinal legal analysis of the ECtHR's jurisprudence in these cases, this book powerfully demonstrates the Strasbourg court's failure to end gross violations in the Kurdish region. It brings together legal, political, sociological and historical narratives, and highlights the factors enabling the perpetuation of state violence and political repression against the Kurds. The effectiveness of supranational courts can best be assessed in hard cases such as Turkey, and this book demonstrates the need for a reappraisal of current academic and jurisprudential approaches to authoritarian regimes.

With its contextualized analysis of the European Court of Human Rights' (ECtHR) engagement in Turkey's Kurdish conflict since the early 1990s, Limits of Supranational Justice makes a much-needed contribution to scholarships on supranational courts and legal mobilization. Based on a socio-legal account of the efforts of Kurdish lawyers in mobilizing the ECtHR on behalf of abducted, executed, tortured and displaced civilians under emergency rule, and a doctrinal legal analysis of the ECtHR's jurisprudence in these cases, this book powerfully demonstrates the Strasbourg court's failure to end gross violations in the Kurdish region. It brings together legal, political, sociological and historical narratives, and highlights the factors enabling the perpetuation of state violence and political repression against the Kurds. The effectiveness of supranational courts can best be assessed in hard cases such as Turkey, and this book demonstrates the need for a reappraisal of current academic and jurisprudential approaches to authoritarian regimes.

This report is an attempt to understand the legal, political and economic constraints on media freedom and independence in Turkey through a historical lens for a critical analysis of the state-media relations. It analyzes and explains the actors and processes of media policy making in Turkey; the substance and implementation of such policies; the legal framework governing media content; the ownership structure of the media; the working conditions of journalists; self-regulation for ethical issues and self-censorship; and the emerging social efforts to combat discrimination and hate speech in the media

In Turkey, some one million men, women and children were forcibly uprooted from rural areas in the east and southeast as a result of the armed struggle from 1984 to 1999 between the Kurdistan Workers' Party (PKK) and the Turkish military. Large numbers fled to urban areas, where they have experienced poverty, poor housing, joblessness, loss of land and property, limited access to physical and mental health cvare services, and limited educational opportunities for their children. Those that have returned to their communities of origin also face major difficulties, including threats to their physical safety from landmines and village guards, and dire poverty due to insufficient job opportunities, public services, and compensation for lost property. This book digs deeply into the causes of conflict and displacement in Turkey, seeking to go beyond official versions and to unearth what really occurred and how best to move forward to resolve the political, economic and social divisions. the government would be well advised to study the findings and recommendations of this constructive volume. Acknowledging the plight of the displaced in both rural and urban areas and developing effective policies and programs to help them reintegrate is critical not only for the lives of the displaced but also for the coherence and stability of the country as a whole. (TESEV Publications)

Frontmatter -- Contents -- The contributors -- Acknowledgements -- Introduction: Untangling the domestic implementation of the European Court of Human Rights' judgments -- Part I. Institutional Dynamics Of Domestic Implementation -- 1. The interrelationship between domestic judicial mechanisms and the Strasbourg Court rulings in Germany -- 2. Between political inertia and timid judicial activism: the attempts to overcome the Italian 'implementation failure' -- 3. The reluctant embrace: the impact of the European Court of Human Rights in post-communist Romania -- Part II. Legal Mobilisation and the Political Context of Implementation -- 4. European human rights case law and the rights of homosexuals, foreigners and immigrants in Austria -- 5. Political opposition and judicial resistance to Strasbourg case law regarding minorities in Bulgaria -- 6. Under what conditions do national authorities implement the European Court of Human Rights' rulings? Religious and ethnic minorities in Greece -- 7. A complicated affair: Turkey's Kurds and the European Court of Human Rights -- 8. The European Court of Human Rights and minorities in the United Kingdom: catalyst for change or hollow rhetoric? -- 9. Politics, courts and society in the national implementation and practice of European Court of Human Rights case law -- List of European Court of Human Rights judgments and European Commission on Human Rights cases -- Index