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Examination of the decisions of the Constitutional Court and the European Human Rıghts Court on the rıght to educatıon ın Turkey

2022
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Advisor: Doç. Dr. Erdal Küçüker

Abstract (EN)

The aim of this research is to examine the decisions of the Constitutional Court (CCRT) and the European Court of Human Rights (ECHR) on the right to education in Turkey. The document analysis technique, one of the qualitative research methods, was used in the research which was modeled with the scanning model. The data of the research were collected by the "Court Decision Review Form" developed by the researcher from among the case files on the official websites of the Constitutional Court and the ECtHR as of the end of December 2021. The data obtained with the "Court Decision Review Form" were summarized through the "Court Decision Information Form" by being analyzed in terms of the applicants, applications, related rights and freedoms, the decisions given, the duration of the proceedings and the amounts of compensation. As a result of the analysis of the data obtained in the research, it was determined that the majority of the applications regarding the right to education made to both courts were related to the higher education level; In these applications, it is striking that the duration of the proceedings was very long and the amount of compensation awarded was very low compared to the amount of compensation claimed. In the light of these results, even if a decision is made in favor of the applicant at the end of the court process, considering that delayed justice is a source of stress, it is recommended to shorten the time for making the right decision and to increase the amount of compensation in a way that can eliminate the grievances experienced. Keywords: Right to Education, Law to Education, Constitutional Court (CCRT), European Court of Human Rights (ECHR)

Author

Dr. Faik Sürer

How to Cite

Faik Sürer (Master Thesis). Examination of the decisions of the Constitutional Court and the European Human Rıghts Court on the rıght to educatıon ın Turkey, 2022, Tokat Gaziosmanpaşa Üniversity.

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