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International, regional, and national protection provided to the foreigner with the forced migration law

2020
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Advisor: Prof. Dr. Bahattin Bahadır Erdem

Abstract (EN)

The content and context of the protection provided for a individual that is forced to flee from the country of which he is the citizen or resident without a citizenship and to seek protection in another country within the scope of the international, regional, and national instruments are unable to provide effective protection to the foreigner in many cases. When the protection provided for the foreigner is in question, the Convention relating to the status of refugees adopted in 1951 and its protocol adopted in 1967 create provisions in this regard as international protection, Turkish Law as national protection, and European Union and African Union as binding regional protection. Regional instrument are significant as being the complementary of international protection in regards to providing effective protection to the foreigner both by forming the responsibility-sharing mechanisms among countries that are party to the aforementioned instruments, and by ensuring the harmonization of national laws. While the Arab League and Asia-Pacific region, both of which do not bear binding regional instruments, have currently been conducting consultative processes with regards to the protection provided for the foreigner, Latin America's regional instruments aim at responsibility-sharing and cooperation. In this thesis, in which the extent of the status for the international, regional, and national protection provided to the foreigner and the protection provided to the foreigner by grounding on the procedures and principles for the abovementioned status are analysed within the context of the rights and obligations of the foreigner, readmission agreements, which are the main implementations that restrict the effectiveness of the protection due to the fact that the right of asylum are violated by means of the readmission agreements, are studied within the scope of the subject, limited to the readmission agreements to which Turkey is a party.

Author

Dr. Gökçe Arıkan

How to Cite

Gökçe Arıkan (Doctorate thesis). International, regional, and national protection provided to the foreigner with the forced migration law, 2020, İstanbul University.

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