The legal status and rights of Syrians under temporary protection in Turkey within the framework of the right to asylum

In the past, nomadic tribes migrated from one place to another in search of better living conditions. During these migrations, they took into consideration factors such as the availability of water, fertile soil, and a moderate climate, as well as generally favorable weather conditions. In contemporary times, however, due to the increase in political conflicts, wars, and natural disasters, the more traditional forms of migration—such as seasonal or labor migration, which we have become accustomed to reading about extensively in history books—have declined, while migration and displacement caused by epidemics, wars, and political reasons have significantly increased. As can be understood, within the literature of refugee law, the concept of migration encompasses various types and forms. Each form of migration represents a distinct category and concept, leading to different legal implications. Likewise, the legal characterization of migration varies depending on the subject of migration itself. Accordingly, individuals identified as migrants, refugees, or stateless persons are classified differently under refugee law, and each classification entails distinct rights and obligations. In this study, the various types of international protection statuses are examined comparatively. As a result of the war that broke out in the Syrian Arab Republic in 2011, thousands of Syrians sought refuge in neighboring Turkey. Relying on the guarantees provided by constitutional and international law, these individuals began residing in Turkey. Drawing on examples such as Yugoslavia and Ukraine, Turkey granted the Syrians a status of "Temporary Protection." Within the framework established by this status, specific rights and obligations were defined and implemented. On December 8, 2024, with the fall of the Assad regime, a new sense of hope and a potential future emerged for Syria. This study first addresses the origins and legal foundations of the right to asylum, then proceeds to analyse all forms of international protection status, with particular emphasis on the Temporary Protection status. The rights arising from this status—namely, the rights to education, healthcare, employment, and access to justice—are examined in detail. Thus, for the first time in Turkish law, the structural and legislative foundations of the Temporary Protection status have been established and incorporated into the national legal framework.