Examining the prohibition of discrimination in article 14 of the European Convention on Human Rights and article 12 of the Additional Protocol in light of the decisions of the European Court of Human Rights
2023
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Advisor: Prof. Dr. Hacı Can
Abstract (EN)
The concept of equality and discrimination has always maintained its importance throughout the process from the past to the present. This is because it is not always possible for individuals or groups to be in the same position, and treating everyone equally can lead to inequality and discrimination. As people gain power, their behaviors towards individuals or groups who are weaker or different in qualities, seeing themselves as an authority, lead to discrimination. Therefore, discrimination is prohibited in the European Convention on Human Rights (ECHR). The criteria for discrimination are determined by the case law of the European Court of Human Rights (ECtHR). In my thesis, I have addressed whether the differential treatment of citizens and foreigners within the framework of these criteria, due to their different statuses, violates the prohibition of discrimination. In the stage of enjoying fundamental rights and freedoms, citizens and foreigners appear as different legal statuses for subjects. In addition, the determination of the legal status of minorities has also been examined in this thesis. Because determining the status of minorities as citizens or including foreigners in the status of minorities will determine the position of individuals within the scope of the 1982 Turkish Constitution and the prohibition of discrimination under the ECHR. Keywords: Human Rights, European Convention on Human Rights, Prohibition of Discrimination, Citizen, Foreigner, Minority.
Author
Simge Yelman
Institution
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Simge Yelman (Master Thesis). Examining the prohibition of discrimination in article 14 of the European Convention on Human Rights and article 12 of the Additional Protocol in light of the decisions of the European Court of Human Rights, 2023, Dokuz Eylül University.
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