
Contents
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Introduction Untangling the Domestic Implementation of the European Court of Human Rights' Judgments
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4 European Human Rights Case Law and the Rights of Homosexuals, Foreigners and Immigrants in Austria
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Introduction Introduction
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The ECtHR's Approach to Kurds The ECtHR's Approach to Kurds
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Turkey's Compliance: The Assessment of the Committee of Ministers Turkey's Compliance: The Assessment of the Committee of Ministers
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Political and Ideological Constraints Political and Ideological Constraints
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Kurdish Discontent with the ECtHR Kurdish Discontent with the ECtHR
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Conclusion Conclusion
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Notes Notes
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7 A Complicated Affair: Turkey's Kurds and the European Court of Human Rights
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Published:April 2013
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Abstract
In Turkey, hundreds of cases were taken to the ECtHR in the 1990s in response to the violations originating from the actions of security forces, committed in the name of ‘combating terrorism’. This chapter on Turkey shows that the ECtHR's case law has played a significant role in bringing these violations to light. The resulting pressure from the international community has forced the Turkish government to revise its mode of dealing with the insurgency and with the Kurdish political and cultural demands more generally. Additionally, the EU's accession criteria that require candidate countries to protect minority rights have pressured Turkey not only to execute the ECtHR's judgments related to the Kurdish question, but also to go beyond it and grant Kurds limited linguistic rights. At the same time though, the authors argue that the improvements have not resulted in the eradication of the problem or even in substantive change in governmental policy. In a struggle with the two institutional pillars of the nationalist position, the military and the judiciary, the AKP government of Tayyip Erdoğan has had an ambivalent position and followed a policy of negotiating for power rather than displaying a principled commitment to human rights.
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