Human Rights Law: Concepts, Cases and ECHR Rights Human rights law is an important field at national and international levels, aiming to protect the fundamental rights and freedoms of individuals. This discipline is not limited to legal norms and principles, but also interacts deeply with social, political and cultural dimensions. In this context, in light of the European Convention on Human Rights (ECHR) and the rights it brings, it is of great importance to examine the basic concepts of human rights law and their areas of application. The ECHR provides a framework that safeguards the rights of individuals among member states and establishes the rule of law. This article will examine the basic concepts of human rights law, current cases, and the rights guaranteed by the ECHR. In particular, the judicial processes related to human rights violations and the outcomes of these processes have an important place in the context of both national and international law. Understanding the dynamic structure of human rights law and its impact on social transformations further highlights the need to seek justice and ensure the rule of law today. This study aims to provide an in-depth understanding of the vast and complex field of human rights law for lawyers, academics, and human rights advocates.
Basic Concepts and Theoretical Framework of Human Rights Law
Human rights law, as a field that aims to protect and develop the fundamental rights of individuals, is shaped around many basic concepts. Among these concepts are: equality, freedom, justice ve human dignity stand out. According to the principle of equality, individuals should be treated equally regardless of gender, race, religion or any other discrimination. Freedom refers to the ability of individuals to shape their own lives as they wish, while justice requires the existence of a legal system that protects the rights of each individual. All of these concepts serve as fundamental elements in the establishment of human rights norms at the international and national levels.
In addition, human rights law is analyzed within various theoretical frameworks. In this context, natural rights theory, no positivism ve social contract theory Approaches such as these play an important role in understanding the basis and development of human rights. Natural rights theory argues that individuals are born with inherent rights and that the protection of these rights is a universal obligation. While legal positivism focuses on the validity of rules determined by human judges, social contract theory discusses the relationships of individuals with society and the nature of the rights that this relationship entails. The salient features of these theories are listed below:
| Theory | Explanation |
|---|---|
| Natural Rights Theory | It is a philosophical approach that individuals have inherent rights. |
| Law of Positivism | The validity of legal rules is determined by social norms. |
| Social Contract Theory | Examines the social relations of individuals with society. |
Judicial Process in Human Rights Cases and Application Examples
In human rights cases, the judicial process is of critical importance in terms of the rule of law and the provision of justice. This process begins with the acceptance of the application and consists of many stages. First, the admissibility of the application made to the relevant court is examined. If the application is accepted, the stage of collecting evidence and hearing the parties is started. In this context, the basic steps of the judicial process can be summarized as follows:
- Application stage: The plaintiff submits his/her application with allegations of human rights violations.
- Acceptability review: The Court shall assess whether national remedies have been exhausted.
- Gathering evidence: The parties submit documents and witnesses supporting their claims.
- Decision stage: The court evaluates all the evidence and announces its decision.
The effectiveness of the judicial process can be better understood through examples of practice. The European Court of Human Rights (ECHR) plays an important role in cases involving human rights violations. For example, among the issues frequently encountered in cases filed against Turkey are: Legality of the arrest process, violations of freedom of expression ve freedom of assembly and demonstration The table below summarizes some of these cases and their outcomes:
As a result, human rights law is a dynamic and universal field that aims to protect the fundamental rights and freedoms of individuals. In this context, international instruments such as the ECHR (European Convention on Human Rights) ensure the rights of individuals while also requiring legal systems to develop an effective mechanism against violations of these rights. The study of human rights concepts and related cases not only provides a legal framework, but also has a critical importance in terms of protecting social justice, equality and human dignity. Undoubtedly, developments in the field of human rights law will continue to contribute to the construction of a more just and free society both at national and international levels. In this context, research and practical applications are of vital importance not only for legal professionals, but also for human rights advocates, academics and policy makers. This article aims to provide a starting point for more in-depth studies and discussions on human rights law.
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