The protection of civil and political rights under the European convention of human rights through accession of Turkey to the European Union

Abstract

Since the signing of the Ankara treaty, also referred to as the "Gumruk Birligi" treaty in 1963, one of Turkey's most problematic issues on joining the European Union has been Human Rights. With this thesis I am hoping to accomplish an understanding of the fact that for the problems to be solved there is a certain mentality, which needs to be adapted. Bearing this in mind, the Human Rights, which are most frequently violated in Turkey are being studied by the European Union. This is due to Turkey's application to become a member of the European Union, hence, all criteria must be met and sustained. The application of the Copenhagen criteria is the beginning for several reforms on Human Rights in Turkey. The guidelines for the reforms are based on the judgments of the European Commission of Human Rights (herein after referred the Commission) and the European Court of Human Rights (herein after referred the Court). This thesis is trying to present, in an objective view on how much Turkey must develop to fulfil the Copenhagen Criteria in order to join the European Union. In the first section of my thesis I studied the concept of Human Rights in Europe to obtain an understanding for them, as well as understanding the need for such rights. Also the importance of Human Rights on an international level and Europe's significant role as an international Human right promoter. Furthermore, I looked into how this all effects Turkey and what is the road for Turkey to be part of European Union. For this process, in the introduction part I have stated the Copenhagen Criteria and the names of the rights, which have been planned to change under the reforms of national program. In the following second, third and fourth sections, I've examined the protection of each right in the European legal order. Right after that I have examined the protection of each right in Turkey, under the legislation and in the practice to be able to make a comparison between the two regional protections as the one, which is the wanted as the one, which is happening. End on the following, I penetrated how Turkey will use national program to reach it's aims of achieving the Copenhagen Criteria by stating the plans and changes of this program which has been fulfilled. And in the conclusion part, I have tried to focus on the gap in between the present changes and the political criteria. Under this plan the fifth section has a different order because of being the most problematic issue in Turkey. That is why it has been examined not only by its protection but also as a concept or a position. And in the conclusion part, under the light of the sum of the comparisons and the conclusion which has been stated in each chapter, I have tried to give the view where Turkey is standing at the moment and if this point is far from the point which is necessary to be able to meet with Copenhagen Criteria and also to be part of European Union. I wish this thesis can achieve its aims and can be a light in the process of accomplishing an understanding, which is the first step to be able to solve the human problems in Turkey.