This course will focus on the state's obligations as well as the Constitution's and the European Convention on Human Rights' limitations and general guarantee regime of rights and freedoms. In addition to determining the scope and substance of each of the rights outlined in the Constitution and the Convention, the procedural guidelines that will be followed for the applications to the relevant courts will be highlighted. It is intended to provide the students adequate information on the right of individual application to the Constitutional Court, which serves as a remedy for human rights breaches in Turkey, by examining the case law of the European Court of Human Rights and the Constitutional Court.
Upon successful completion of the course, students will be able to;
Critically assess the content and scope of the rights and freedoms
Have the required skills for an individual application to the Constitutional Court
Compare the jurisprudence of ECtHR and Constitutional Court
Describe the issues appeared in individual application procedure
Recognize the structure and functioning of ECtHR and Constitutional Court
Face to Face
- D. J. Harris, M. O’Boyle, E.P. Bates, C.M. Buckley, Avrupa İnsan Hakları Sözleşmesi Hukuku, çeviren: Mehveş Bingöllü, Ulaş Karan, Avrupa Konseyi, Ankara, 2021
- D. J. Harris, M. O’Boyle, E.P. Bates, C.M. Buckley, Law of the European Convention on Human Rights, 2. ed., Oxford University Press, Oxford, 2018
Theoretical lectures(Lecture), Study time for Theoretical Lectures (Lecture), Report Preparation and/or Presentation
Requires consent of instructor for non-departmental students
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Course Content
General information on the course and individual application to the Constitutional Court
The relation between the ECHR and the Constitution; The limitation and guaranty system of rights and freedoms set forth in the ECHR and the Constitution; Positive obligations of the state and horizontal effect; Prohibition of abuse of the rights and freedoms in the ECHR and the Constitution
The procedure of individual application to the Constitutional Court: Preliminary and admissibility examination (Exhaustion of remedies and application period)
The procedure of individual application to the Constitutional Court: Preliminary and admissibility examination (The Court's jurisdiction ratione personae, ratione materiae, ratione loci, and ratione temporis)
The procedure of individual application to the Constitutional Court: Examinations on the merits, The nature and the binding force of the Court decisions, the execution of the Court decisions
Right to fair trial; right to an effective remedy; principle of no punishment without law,
Midterm exam.
Right to liberty and security
Right to life; freedom from torture and ill treatment; freedom from slavery, servitude, forced or compulsory labour
Right to respect for privacy and family life; right to marry and found a family
Freedom of belief or religion, right to education
Freedom of expression
Freedom of association and assembly; right to free elections
Principle of equality and prohibition of discrimination
Any test, assignment, paper, or report submitted by you and that has your name on it is presumed to be your own original work that has not previously been submitted for credit in another course or has not been written partially or completely by another person. In all of your assignments, you may use words or ideas written by other individuals in publications, web sites, or other sources, but only with proper attribution as explained in your course. If you are not clear about the expectations for completing an assignment or taking a test or examination, be sure to seek clarification from your instructor. Finally, you should keep in mind that as a member of the campus community, you are expected to demonstrate integrity in all of your academic endeavors and will be evaluated on your own merits.. The consequences of cheating and academic dishonesty is a formal discipline punishment as regulated by the Turkish Higher Educational Council.
Educational Support for Disabled Students
If you have a disability for which you are or may be requesting an accommodation, you are encouraged to contact both your instructor and Bilgi Accessible Education Unit as early as possible in the term. Bilgi Accessible Education Unit will verify your disability and determine reasonable accommodations for this course. For more information, visit http://step.bilgi.edu.tr/en/ogrenci-destek-merkezi/bilgi-accessible-education-unit/
