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The right to personal liberty and security of the person within the Constitutional Court's jurisprudence on arrest judicial control measures

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2025
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Advisor: Dr. Öğr. Üyesi Neslihan Özeler Sezici

Abstract (EN)

The right to liberty and security of person holds a central position among fundamental rights that safeguard the physical and mental integrity of individuals, and is of critical significance within modern legal systems. This right aims to protect individuals against arbitrary interference and ensures that public authorities may impose restrictions on liberty only under certain conditions and in accordance with the law. As such, it constitutes a cornerstone of democratic society. This study examines the historical evolution of the right to liberty and security, with a focus on both international instruments and domestic regulations. In particular, the analysis covers the approaches adopted by the Universal Declaration of Human Rights and the European Convention on Human Rights. The jurisprudence of the European Court of Human Rights is also addressed as a guiding source for interpreting and delimiting the scope of this right. In the context of Turkey, the right to liberty and security is constitutionally protected and regulated primarily by national legal instruments. Accordingly, the study includes an evaluation of the relevant constitutional provisions and legislative measures, accompanied by a case-based analysis of decisions rendered by the Constitutional Court. These decisions illustrate the legal standards and guarantees applied in practice with regard to the protection of this fundamental right. The primary objective of the study is to provide a conceptual framework for the right to liberty and security, to assess its legal foundations within international and national contexts, and to present a general overview of its application through relevant case law.

Author

İlhan Sözer

How to Cite

İlhan Sözer (Master Thesis). The right to personal liberty and security of the person within the Constitutional Court's jurisprudence on arrest judicial control measures, 2025, Ankara Yıldırım Beyazıt University.

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