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Protecting Marginalised Individuals And Minorities In The Ecthr: Litigation And Jurisprudence In Turkey

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Chapter Summary

Turkey is a founding member of the Council of Europe, having become a member in 1949. It ratified the European Convention on Human Rights (ECHR) and Protocol no. 1 in 1954. In order to bring the constitution in line with the ECtHR case law, the 2001 reforms also narrowed the scope of restrictions on human rights. The introduction of the principle of proportionality brought the constitution in line with the ECtHR's case law and the Turkish Constitutional Court's post-1991 jurisprudence. The ECtHR case law played an indispensable role in bringing to light the egregious human rights situation in Turkey in the late 1980s and early 1990s. The Court's fact findings on disappearances, unlawful killings, arbitrary detentions, torture and destruction of property committed by members of the security forces shed light to an administrative policy of systematic violations against Kurdish civilians.

Keywords: ECHR; ECtHR; Kurdish civilians; Turkey; Turkish Constitutional Court



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