International Human Rights Law: ECHR and UN System

Summary: Introduction to International Human Rights Law International human rights law is a body of legal standards designed to protect the fundamental rights...

Introduction to International Human Rights Law

International human rights law is a body of legal standards designed to protect the fundamental rights and freedoms of all individuals. It operates through both universal (United Nations) and regional (European, Inter-American, African) systems that create binding obligations on states.

Turkey is a party to numerous international human rights instruments, which under Article 90 of the Turkish Constitution have the force of law and, for fundamental rights treaties, take precedence over conflicting domestic legislation.

The United Nations Human Rights System

Universal Declaration of Human Rights (UDHR)

Adopted in 1948, the UDHR is the foundational document of international human rights. While not legally binding in itself, it has become customary international law and inspired subsequent binding treaties.

Core UN Human Rights Treaties

Turkey is a party to seven of the nine core UN human rights treaties:

Treaty	Abbreviation	Turkey’s Ratification
International Covenant on Civil and Political Rights	ICCPR	2003
International Covenant on Economic, Social and Cultural Rights	ICESCR	2003
Convention on the Elimination of Racial Discrimination	CERD	2002
Convention on the Elimination of Discrimination Against Women	CEDAW	1985
Convention Against Torture	CAT	1988
Convention on the Rights of the Child	CRC	1995
Convention on the Rights of Persons with Disabilities	CRPD	2009

UN Treaty Bodies

Each core treaty has a monitoring body (treaty body) composed of independent experts that:

Reviews periodic State reports
Issues general comments interpreting treaty provisions
Examines individual complaints (where optional protocols apply)
Conducts country inquiries

Turkey accepts the individual complaint procedures under CAT and CEDAW optional protocols.

UN Human Rights Council

The Human Rights Council is the main UN body responsible for promoting and protecting human rights worldwide. It operates the:

Universal Periodic Review (UPR): Reviews the human rights record of all UN member states every 4.5 years
Special Procedures: Independent experts who report on thematic or country-specific issues

The European Convention on Human Rights

Overview

The European Convention on Human Rights (ECHR) is the most effective regional human rights instrument globally. Adopted by the Council of Europe in 1950, it established the first international system for individual complaints against states.

Turkey ratified the ECHR in 1954 and accepted the right of individual petition to the European Court of Human Rights (ECtHR) in 1987.

Rights Protected by the ECHR

The Convention and its protocols guarantee numerous rights:

Civil and Political Rights:

Right to life (Article 2)
Prohibition of torture (Article 3)
Prohibition of slavery and forced labor (Article 4)
Right to liberty and security (Article 5)
Right to a fair trial (Article 6)
No punishment without law (Article 7)
Right to respect for private and family life (Article 8)
Freedom of thought, conscience and religion (Article 9)
Freedom of expression (Article 10)
Freedom of assembly and association (Article 11)
Right to marry (Article 12)
Right to an effective remedy (Article 13)
Prohibition of discrimination (Article 14)

Protocol Rights:

Protection of property (Protocol 1, Article 1)
Right to education (Protocol 1, Article 2)
Right to free elections (Protocol 1, Article 3)
Abolition of the death penalty (Protocol 6 and 13)

The European Court of Human Rights

The ECtHR, based in Strasbourg, France, is the judicial body that interprets and enforces the ECHR. Key features:

Individual Applications: Any person claiming to be a victim of a Convention violation can apply directly to the Court
State Applications: Contracting states can bring cases against other states
Binding Judgments: ECtHR judgments are legally binding on respondent states
Just Satisfaction: The Court can award monetary compensation to victims

Admissibility Requirements

To be admissible, an application must:

Exhaust domestic remedies (including Constitutional Court individual application in Turkey)
Be submitted within four months of the final domestic decision
Not be manifestly ill-founded
Involve significant disadvantage to the applicant
Not be substantially the same as a previous application

Turkey Before the ECtHR

Turkey has been a frequent respondent before the ECtHR. Common violations found against Turkey include:

Length of proceedings (Article 6)
Right to liberty (Article 5)
Freedom of expression (Article 10)
Right to life (Article 2)
Prohibition of torture/ill-treatment (Article 3)
Property rights (Protocol 1, Article 1)

ECtHR judgments have led to significant legal reforms in Turkey, including changes to criminal procedure, anti-terrorism legislation, and military court jurisdiction.

Relationship with Turkish Law

Constitutional Supremacy of Human Rights Treaties

Under the 2004 amendment to Article 90 of the Turkish Constitution:

“In the case of a conflict between international agreements in the area of fundamental rights and freedoms duly put into effect and domestic laws… the provisions of international agreements shall prevail.”

This means Turkish courts must apply ECHR and other human rights treaties over conflicting domestic legislation.

Constitutional Court Individual Application

Since 2012, individuals in Turkey can file individual applications (bireysel başvuru) to the Constitutional Court alleging violations of constitutional rights protected under the ECHR. This mechanism:

Must be exhausted before applying to the ECtHR
Has significantly reduced Turkey’s case backlog at Strasbourg
Provides a domestic remedy aligned with ECHR standards

Direct Citation in Courts

Turkish courts regularly cite:

ECHR provisions
ECtHR case law
UN treaty body recommendations

Attorneys can directly invoke international human rights standards before domestic courts.

Practical Significance

Understanding international human rights law is essential for:

Criminal Defense: Rights of detained persons, fair trial guarantees
Administrative Law: Property rights, procedural fairness
Labor Law: Non-discrimination, freedom of association
Family Law: Privacy rights, child welfare
Freedom of Expression: Media law, defamation cases

Legal Assistance: We provide expert representation in matters involving international human rights law, including ECtHR applications, Constitutional Court individual applications, and domestic litigation based on ECHR standards. Contact us for specialized guidance.

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