A critical approach to freedom of expression in Turkey in the light of the European Court of Human Rights

Tez Türü: Yüksek Lisans

Tezin Yürütüldüğü Kurum: University of Exeter, Hukuk Fakültesi, Hukuk, Birleşik Krallık

Tez Danışmanı: Cathrine Dupree

Tezin Onay Tarihi: 2014

Tezin Dili: İngilizce

Desteklendiği Program: Diğer

Özet:

This research evaluates some controversial issues of freedom of expression in Turkey. Freedom of expression is accepted as being at the core of all other freedoms. Thus, the problems of the right to expression influences all other rights. In addition to this, Freedom of expression is accepted as a precondition of democracy. This paper explores the connections between public debate and democracy, and the uses of public debate to create a democratic society. The other significant relationship is between science and democracy which is visible in, for example academic freedom. The European Court of Human Rights (ECtHR) cases play a significant role in both theoretical and practical approaches to International human rights. Many cases in Turkey criticises from the ECtHR for the reasons of proportionality which this paper will consider about this. The ECtHR aims the protect an individual's rights, often against their states. Thus, the margin of appreciation could be a controversial term, because the court is concerned to balance the member states' sovereignty rights against individual's rights. The one main principle of the court has a significant value for ECtHR cases about Turkey, because the meaning of necessity and democracy can be understood differently in many cases. This subject is analysed in this work. This paper also examines some decisions of Turkish domestic courts. Their decisions show the importance of law practitioners. The legal instruments of nations are interpreted by law practitioners so that their perspectives on freedom can have an important impact on cases.