@incollection{Kurban, author = {Kurban, Dilek}, title = {Protecting Marginalised Individuals and Minorities in ECtHR: Litigation and Jurisprudence in Turkey}, series = {The European Court of Human Rights and the Rights of Marginalised Individuals and Minorities in National Context}, booktitle = {The European Court of Human Rights and the Rights of Marginalised Individuals and Minorities in National Context}, publisher = {Brill/Martinus Nijhoff}, address = {Leiden}, isbn = {9789047426738}, publisher = {Hertie School}, pages = {119 -- 136}, abstract = {The ECtHR case law played an indispensable role in bringing to light the egregious human rights situation in Turkey in the late 1980s and early 1990s, shedding light to an administrative policy of systematic violations against Kurdish civilians. If awareness of the poor human rights record of Turkey was largely triggered by the ECtHR's jurisprudence, reforms to improve it were made possible with the emergence of the EU as an actor in Turkish politics. This chapter argues that after decades of litigation history with the Strasbourg court, law and politics in Turkey fall far short of meeting the European human rights standards. While significant progress has been made in recent years in harmonizing the Turkish legal framework with the principles laid out in the Human Rights Convention and the jurisprudence of the ECtHR, the constitutional and legal structure continue to rest on an authoritarian understanding which seeks to protect the interests of the state against individuals at the cost of violating fundamental rights and liberties.}, language = {en} }