Master'sOpen Access

The principle of non-refoulement in accordance with Turkish aliens law and jurisprudance of European Court of human rights

2019
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Advisor: Prof. Dr. Bilgin Tiryakioğlu

Abstract (EN)

The purpose of this study is to determine the scope of the principle of non-refoulement in accordance with Turkish Foreigners Law and the jurisprudance of European Court of Human Rights. The principle non-refoulement is a rule of international customary law, jus cogens, that aims to protect the rights which are the most fundamental rights of displaced people, especially in the post- World War Two Period. The principle of non-refoulement originating from the 1951 Geneva Convention is considered within the scope of many international treaties such as the European Convention on Human Rights and International Covenant on Civil and Political Rights, due to its close connection between human rights. The principle of non-refoulement which is regulated by international treaties is adopted in to the national law of the states. Particularly, wording of the protection provided by the 1951 Geneva Convention is adopted in national laws. Turkish Foreigners Law has taken this principle regulated brought by the 1951 Geneva Convention adopted as a fundamental rule in its detail in the Law on Foreigners and International Protection. In this study, in addition to the Turkish Foreigners Law and the 1951 Convention, the scope of the European Convention on Human Rights, the Convention on Civil and Political Rights and the supervisory bodies implementation of these Conventions, as well as the scope covered by the prohibition of refoulement, have been similar and different directions have been determined in terms of application.

Author

Dr. Elçin Aktan

How to Cite

Elçin Aktan (Master Thesis). The principle of non-refoulement in accordance with Turkish aliens law and jurisprudance of European Court of human rights, 2019, Bilkent University.

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