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Free(doom) of Expression: An Analysis of the ECtHR’s Application of the ECHR Values and Principles on Case-Law on Freedom of Expression in Türkiye (2003-2022)

Cebi, Turku LU (2023) MRSM15 20231
Human Rights Studies
Abstract
The issue of freedom of expression in the context of Turkey and the European Court of Human Rights (‘ECtHR’ or ‘the Court’) has been widely discussed from legal perspectives. Especially, with the changing political, legal and social dynamics in Turkey within 2003-2022, the case-law of the Court increased by a considerable amount. All the contingencies affecting the argumentative and interpretive aspects of how freedom of expression is interpreted by the Court through its established democratic principles and values are investigated in this study from a social scientific perspective in order to uncover the evolutive aspect of the case law. The investigation is conducted on the nexus between the supranational level (through the Convention... (More)
The issue of freedom of expression in the context of Turkey and the European Court of Human Rights (‘ECtHR’ or ‘the Court’) has been widely discussed from legal perspectives. Especially, with the changing political, legal and social dynamics in Turkey within 2003-2022, the case-law of the Court increased by a considerable amount. All the contingencies affecting the argumentative and interpretive aspects of how freedom of expression is interpreted by the Court through its established democratic principles and values are investigated in this study from a social scientific perspective in order to uncover the evolutive aspect of the case law. The investigation is conducted on the nexus between the supranational level (through the Convention values), the domestic level (though the state of exception), and the individual level (through the perspectives on victimhood as victim status). The study finds a paradoxical relationship between how deviations occur within the case law of the Court and how the nexus between the individual, domestic, and supranational levels operate within the deeper dynamics of democratic potential and evolutive widening in the horizons of freedom of expression. (Less)
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author
Cebi, Turku LU
supervisor
organization
course
MRSM15 20231
year
type
H2 - Master's Degree (Two Years)
subject
keywords
European Court of Human Rights, European Convention on Human Rights, freedom of expression, Article 10, victimhood, victim status, state of exception, parrhesia, dissenting opinions, violation, non-violation
language
English
id
9135588
date added to LUP
2023-09-08 09:12:17
date last changed
2023-09-08 09:20:01
@misc{9135588,
  abstract     = {{The issue of freedom of expression in the context of Turkey and the European Court of Human Rights (‘ECtHR’ or ‘the Court’) has been widely discussed from legal perspectives. Especially, with the changing political, legal and social dynamics in Turkey within 2003-2022, the case-law of the Court increased by a considerable amount. All the contingencies affecting the argumentative and interpretive aspects of how freedom of expression is interpreted by the Court through its established democratic principles and values are investigated in this study from a social scientific perspective in order to uncover the evolutive aspect of the case law. The investigation is conducted on the nexus between the supranational level (through the Convention values), the domestic level (though the state of exception), and the individual level (through the perspectives on victimhood as victim status). The study finds a paradoxical relationship between how deviations occur within the case law of the Court and how the nexus between the individual, domestic, and supranational levels operate within the deeper dynamics of democratic potential and evolutive widening in the horizons of freedom of expression.}},
  author       = {{Cebi, Turku}},
  language     = {{eng}},
  note         = {{Student Paper}},
  title        = {{Free(doom) of Expression: An Analysis of the ECtHR’s Application of the ECHR Values and Principles on Case-Law on Freedom of Expression in Türkiye (2003-2022)}},
  year         = {{2023}},
}