Yüksek LisansAçık Erişim

Protection and improvement of material and spiritual presence in the light of Turkish Constitutional Court decisions

2018
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Danışman: Dr. Öğr. Üyesi Tijen Dündar Sezer

Özet (EN)

The right of people to protect and develop their material and spiritual existence is crucial for the survival of a dignified life. In order to use the rights and freedoms contained in the Constitution, it is necessary to protect the material and moral existence. The use of certain fundamental rights and freedoms in the course of life from the birth to the death of man is also included in the scope of the protection and development of the material and spiritual existence of the person on the basis of the anonymous freedoms not included in the Constitution. The right to protection and development of material and spiritual existence corresponds to the legal interests of Article 8 of the European Convention on Human Rights (ECHR), which regulates the right to privacy. The right to protection and development of material and spiritual property is a fundamental right in the joint protection of the Constitution and the ECHR under the individual application. The case law of the European Court of Human Rights directs the protection and legal nature of the protection and development of material and spiritual existence in Turkish Constitutional law. In our work, the individual application for the protection and development of the material and spiritual existence of the Turkish Constitutional Court and the decisions on cancellation and appeal were examined. It is seen that the meaning and scope of the protection and development of the material and spiritual existence in every concrete dispute with the decisions of the Turkish Constitutional Court are laid out and their boundaries are drawn.

Yazar

Dr. Merve Alçık

Bu Yayına Nasıl Atıf Yapılır

Merve Alçık (Master Thesis). Protection and improvement of material and spiritual presence in the light of Turkish Constitutional Court decisions, 2018, Dokuz Eylül University.

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