Master'sOpen Access

Deportation of foreigners within the scope of the right to respect for family life

2023
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Advisor: Dr. Öğr. Üyesi Belkıs Vural Çelenk

Abstract (EN)

This thesis examines the deportation of foreigners within the scope of the right to respect for family life. The right to respect for family life is one of the fundamental rights secured under the European Convention on Human Rights. This right is also protected by the Constitution. Therefore, states party to the ECHR must consider the foreigner's right to respect for family life when deporting them from their territory. In cases where this right is violated due to deportation, the foreigner can file a complaint with the European Court of Human Rights alleging the infringement of their right to respect for family life. Additionally, individual applications can be made to the Constitutional Court with the same allegation. The jurisprudence of the ECtHR regarding claims of violations of the right to respect for family life due to deportation interventions is significant. This is because the Constitutional Court also tends to issue decisions parallel to the ECtHR in individual applications alleging violations of the right to respect for family life due to deportation. Consequently, this study places emphasis on the ECtHR's jurisprudence on this matter, while also examining the stance of the Constitutional Court where relevant.

Author

Safa Şefik Acar

How to Cite

Safa Şefik Acar (Master Thesis). Deportation of foreigners within the scope of the right to respect for family life, 2023, Ankara Yıldırım Beyazıt University.

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