Hasankeyf Avrupa İnsan Hakları Mahkemesi'nde: Kültürel mirasın korunmasına insan hakları odaklı bir bakış

Today the protection of cultural heritage is one of the major concerns of the states as well as the international community as a whole. Institutions such as UNESCO, the Council of Europe and the European Union are increasingly focusing their activities on the safeguarding of cultural heritage. Many international legal instruments have been elaborated in this regard and the protection of cultural heritage is now being discussed within the framework of broader concepts such as human rights. The present study concentrates on this latter aspect. Can cultural heritage be protected as a part of human rights? In this context, this study aims to examine the implications of the on-going case brought against the construction of the Ilısu Dam and Hydroelectric Power Plant before the European Court of Human Rights. The long-criticized Ilısu Dam project poses a threat to nearly two hundred archaeological sites in the south east of Turkey, including the site of Hasankeyf, which is of significant importance. First, the study examines the development of the international law regarding cultural heritage and the evolving literature on the connection of cultural heritage to human rights. Then, it explores the background of the Ilısu Dam project and its impacts on the site of Hasankeyf. Finally, it discusses the legal issues raised in the Hasankeyf case at the European Court of Human Rights. The study concludes that while the human rights law may play an important role in the protection of cultural heritage, the recognition of cultural heritage as a human right challenges the current practice of the Court.