DoctorateOpen Access

The change in the human rights regulations in Turkey in process adaption to European Union and its reflection reflection to the implementation

2014
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Advisor: Doç. Dr. Abdulkadir Baharçiçek

Abstract (EN)

In terms of the historical and philosophical foundations, the concept on human rights is not a static, but it is a dynamic structure. New rights have been arised depending on the needs and historical developments recently. These rights are inalienable and indispensable integrity, and also hierarchically has no superiority over each other. There are many regulations on the legislation expressing the rules of positive law in force in order to ensure the implementation of and protection of rights. Thanks to this regulations, enforcing rights is ensured. Turkey is a country being in the process of harmonization with the European Union. One of the important criteria of stages for membership in the European Union is to ensure the protection of human rights. Therefore, many arrangements have been made in legislation related to human rights with the aim of ensuring compliance criteria of the European Union. These regulations mentioned above have been directed by European Human Rights Court decisions as well as documents of the European Union progress report. Violations of human rights in Turkey, especially in the 1990s has risen to the top level due to terrorist incidents. Towards the end of the 1990, together with gaining statue of candidate state for European Union, adoption of and practical reflections of the changes in legislation cannot become in desired time, that is, immediately. Because of reasons as notion of the conservation-oriented management instead of individual-oriented management, judges and public prosecutors maintaining sense of being the guardian of the state rather than freedom of thought and their reflecting this mentality to decisions and society's perspective on change, problems are happening on reflection to application of changes in legislation. İn this study, it is emphasized on emerging of this problem and on how to remedy, and put emphasis that a change in mindset for all sectors of society, especially for the public officials is required. Keywords: Human, Rights, Law, Legislation, Application, European Union.

Author

Dr. Aydın Turhan

How to Cite

Aydın Turhan (Doctorate thesis). The change in the human rights regulations in Turkey in process adaption to European Union and its reflection reflection to the implementation, 2014, İnönü University.

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