Freedom to claim rights under 1982 Constitution in the framework of human rights

The freedom to claim rights is a human right which regulated in Article 36 of the 1982 Constitution. This right has two extent. The freedom to claim rights not only represents the right that allows individuals to claim their rights, but also refers to the ways that can be applied to protect the right in case of violation or possible violation of right. With its second extent, the freedom to claim rights is an assurance regarding the protection of other rights and freedoms. The way people can claim their rights is that these remedies are regulated and guaranteed by law. Article 36 of our Constitution regulates that everyone has the right to claim and defend as plaintiff or defendant before the judicial authorities by making use of legitimate means and means. According to the article, the freedom to claim rights is regulated as the realization of the act of claim rights before judicial authorities through judicial, administrative and constitutional means. For this reason, in our thesis, the definition, extent and limits of the right to claim rights in the text of the article are emphasized. The thesis consist three parts. In the first chapter, the basic concepts related to the freedom to claim rights, the historical development of the right, the relationship of the right with the principle of the rule of law and other fundamental rights and freedoms related to the freedom to claim rights are discussed. In the second chapter is devoted to the freedom to claim rights in the 1982 Constitution, which is the main subject of the study. In this context, the elements related to the right, the obligations of the state and the regulations regarding the right and how limit the freedom of claim are examined. In the last section, the concept of interference with the right to claim Rights is mentioned and decisions of the European Court of Human Rights and the decision of the Constitutional Court are given.