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The methods of conluding a case of European Court of Human Rights

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2013
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Advisor: Yrd. Doç. Dr. Mehmet Ali Zengin

Abstract (EN)

European Convention on Human Rights broke new ground by taking the fundamental rights and freedoms, which are recognized and guaranteed by the Convention, under protection with the control mechanism and inspired great numbers of conventions. European Convention on Human Rights is also the most effective element of this new breath of International Law in relation to the appearance of individuals as a subject of International Law after the World War II. As the European Court of Human Rights confirmed, it was inevitable for the control and protection mechanisms of the Court to comply with the recent developments, since the Convention, as the founder of the Court, is an alive text and interpreted in a dynamic manner accordingly necessities of time. The control mechanism provided by the European Convention on Human Rights is the most original characteristic of the Convention and make it different from the other Conventions not only in terms of theoratical perspective, but also its practical efficiency. In other words, the control mechanism founded by the Convention made the system efficient. Therefore, it was necessary to maintain the efficiency of the control mechanism, in order to sustain the Convention alive and efficient in the face of developments of human rights accordingly necessities of time and conditions. It is inevitable to renew, improve and update the control mechanism in the face of the transformation of human rights, awareness with regard to importance of human rights and the demands as a result of this awareness, the constant development of the Convention, which has an impact over eight hundred million people. Our study considers all these issues mentioned above, examines the structural and functional transformation of the control mechanism provided by the European Convention on Human Rights, and answers the questions of how the mechanism comes into effect and which methods and instruments are used for concluding any application. In the face of increased work load, the discussions regarding the questions of whether the mechanism secures the individual justice or constitutional justice, and what the effects of these discussions over the mechanism and its methods are also addressed in our study. Key Words: European Convention on Human Rights, European Court of Human Rights, application methods, human rights.

Author

Yavuz Selim Değerli

How to Cite

Yavuz Selim Değerli (Master Thesis). The methods of conluding a case of European Court of Human Rights, 2013, Ankara Yıldırım Beyazıt University.

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