@techreport{Calı, type = {Working Paper}, author = {{\c{C}}al{\i}, Ba{\c{s}}ak}, title = {The Present and the Future of Infringement Proceedings: Lessons Learned from Kavala v. T{\"u}rkiye}, doi = {10.2139/ssrn.4424579}, abstract = {The Council of Europe is headed to its fourth summit under the shadow, most likely, of the unimplemented infringement proceedings judgment in the case of Kavala v. T{\"u}rkiye. The aim of this article is to investigate what this persistent non-implementation teaches us for the present as well as for the future reform of infringement proceedings monitoring. Strengthening this is of inestimable importance for the future credibility of the Council of Europe, as well as the authority of the European Court of Human Rights in general. The lack of a clear strategy for handling non-implementation of infringement proceedings will have a dissuasive effect on the further use of such proceedings by the Committee of Ministers, it removes any teeth proceedings were ever intended to have. In this article I argue that the future of the effective monitoring of judgments resulting from infringement proceedings depends on: a) the foreseeable proceduralisation of the mechanisms to exert pressure on non-implementing states and, b), further judicialisation of the ECtHR's handling of the remedies required to implement judgments resulting from infringement proceedings. In conclusion, I reflect on possible objections to this double call of proceduralisation and judicialisation as the basis of reform.}, language = {en} } @article{Calı, author = {{\c{C}}al{\i}, Ba{\c{s}}ak}, title = {Does the Practice of the European Convention on Human Rights Fit the Practical Conception of Human Rights?}, series = {Human Rights Law Review}, volume = {24}, journal = {Human Rights Law Review}, number = {1}, doi = {10.1093/hrlr/ngad036}, abstract = {This article investigates how the practice of European human rights, organised around the European Convention on Human Rights, can be brought into conversation with the practice conception of human rights advanced by Charles Beitz in the Idea of Human Rights. The article argues that this is a challenging task. Following Beitz's construction of the human rights practice composed of (a) a global practice, (b) political discursive practice, (c) triggering a range of international action for corrective concern, (d) when states fail to protect urgent individual interests, the article identifies two main challenges: (1) the regional and legal-political character of the European human rights practice and (2) the lack of fit between the heuristic of urgency of individual interests and the European human rights practice. Having identified these challenges, however, I conclude that putting European human rights practice and the practice conception into a conversation reveals new knowledge at the intersection of moral and legal accounts of human rights. A closer engagement with the practice conception enables a better understanding of the key abstract features of European human rights practice. A closer engagement with this practice accentuates the normative case for making sense of predominantly legal and regional practices of human rights.}, language = {en} } @incollection{Calı, author = {{\c{C}}al{\i}, Ba{\c{s}}ak}, title = {Global Constitutionalism and the Individual}, series = {The Individual in International Law: History and Theory}, booktitle = {The Individual in International Law: History and Theory}, editor = {Peters, Anne and Sparks, Tom}, publisher = {Oxford University Press}, isbn = {9780198898917}, publisher = {Hertie School}, pages = {321 -- 340}, language = {en} } @incollection{CalıDurmuşEskitaşcıoğlu, author = {{\c{C}}al{\i}, Ba{\c{s}}ak and Durmu{\c{s}}, Bet{\"u}l and Eskita{\c{s}}{\c{c}}{\i}oğlu, İlayda}, title = {The Impact of the United Nations Human Rights Treaties on the Domestic Level in Turkey}, series = {The Impact of the United Nations Human Rights Treaties on the Domestic Level: Twenty Years On}, booktitle = {The Impact of the United Nations Human Rights Treaties on the Domestic Level: Twenty Years On}, editor = {Heyns, Christof and Viljoen, Frans Jacobus and Murray, Rachel}, isbn = {9789004377653}, doi = {10.1163/9789004377653_021}, publisher = {Hertie School}, pages = {1225 -- 1272}, language = {en} } @incollection{Calı, author = {{\c{C}}al{\i}, Ba{\c{s}}ak}, title = {Human Rights Ideas, Law, and Institutions in Europe}, series = {The Oxford Handbook of International Law in Europe}, booktitle = {The Oxford Handbook of International Law in Europe}, editor = {van Aaken, Anne and d'Argent, Pierre and M{\"a}lksoo, Lauri and Vasel, Johann Justus}, publisher = {Oxford University Press}, isbn = {9780198865315}, doi = {10.1093/oxfordhb/9780198865315.013.8}, publisher = {Hertie School}, abstract = {This chapter introduces the contribution of Europe to the development of human rights ideas, law, and institutions. In a spirit of 'provincialising Europe', it argues that Europe's contributions to human rights are ambivalent and dynamic. The chapter first examines natural rights and rights of citizens as twin, but also potentially conflicting, developments in demarcating Europe's contributions to human rights. Europe is historically a home of human rights ideas as well as strong critiques and double standards in the use of these ideas. The chapter then examines European contributions to the legalization of human rights with a focus on two institutional Europes: that of the Council of Europe and the European Union. Finally, the chapter reviews contemporary human rights debates, against the backdrop of authoritarianization in Europe on the one hand and demands for new human rights to tackle the climate crisis, and digitalization of modern societies on the other.}, language = {en} } @article{Calı, author = {{\c{C}}al{\i}, Ba{\c{s}}ak}, title = {Optimism in International Human Rights Law Scholarship}, series = {American Journal of International Law}, volume = {118}, journal = {American Journal of International Law}, number = {2}, publisher = {Cambridge University Press}, issn = {0002-9300}, doi = {10.1017/ajil.2024.3}, pages = {374 -- 387}, abstract = {As a field of practice, international human rights law (IHRL) is in constant motion. The four books under review explore the legal, political, and civic dynamics that continuously shape and reshape this vibrant area of law. In this Essay, I underscore two important trends in contemporary IHRL scholarship that these books highlight. First, these works share a strong emphasis on agency, understood as human action that makes a difference in the world, be it the agency of individuals, domestic civil society organizations, transnational organizations, or courts. Highlighting agency, rather than overarching political, economic, and social structures, in turn shifts the attention from human rights law and doctrine "in the books" to an understanding of human rights law as a purposive and dynamic practice.}, language = {en} } @article{FinnertyCalı, author = {Finnerty, Joseph and {\c{C}}al{\i}, Ba{\c{s}}ak}, title = {The Travaux Pr{\´e}paratoires and Progressive Treaty Interpretation: Article 18 of the European Convention on Human Rights}, series = {European Journal of International Law}, volume = {36}, journal = {European Journal of International Law}, number = {2}, publisher = {Oxford University Press (OUP)}, doi = {10.1093/ejil/chaf029}, pages = {475 -- 499}, abstract = {Article 18 of the European Convention on Human Rights (ECHR) has become a central provision employed by the European Court of Human Rights in response to authoritarian practices in Europe over the last decade. Notwithstanding its increased use, important disagreements persist regarding the interpretation of the provision. Analysing the provision's ordinary meaning, the convention's travaux pr{\´e}paratoires as a whole and the interpretation of the provision by majority and minority judges of the Court, this article identifies three competing normative models for specifying Article 18's purpose. Whilst the text is open for Article 18 to address all forms of abuse of power - authoritarian or democratic - the travaux suggest a purpose of detecting emerging authoritarian practices. The majority on the Court's bench, on the other hand, view Article 18 as a narrow tool to respond to predominant and pronounced authoritarian practices. These normative disagreements are also reflected in concurring and dissenting opinions annexed to Article 18 judgments, with some minority judges defending the narrow normative model and others advocating for a more progressive interpretation, not only on familiar grounds of evolutive interpretation but also because the convention's history calls for progressive interpretation of this particular provision. Our findings complicate the well-established presumption that progressive interpretation of the convention comes about by treating it as a 'living instrument' at the expense of the drafters' intent, highlighting the turn to 'progressive originalism' in the interpretation of Article 18 of the ECHR.}, language = {en} } @article{CalıGaland, author = {{\c{C}}al{\i}, Ba{\c{s}}ak and Galand, Alexandre Skander}, title = {A Tale of Disregard? Reception of the Jurisprudence of the United Nations Committee on the Rights of Persons with Disabilities before the European Court of Human Rights}, series = {Human Rights Quarterly}, volume = {47}, journal = {Human Rights Quarterly}, number = {3}, publisher = {Project MUSE}, doi = {10.1353/hrq.2025.a965925}, pages = {394 -- 425}, abstract = {The Convention on the Rights of Persons Disabilities (CRPD) was hailed as a transformative human rights treaty when it came into force in 2008. The CRPD not only promises the remediation of the under-protection of the rights of persons with disabilities in international human rights law, but it also aims to transform the deep and structural inequalities underpinning the governance of disability through law and policy. The Committee on the Rights of Persons with Disabilities (CRPD Committee) has adopted and extended this transformative ethos in its jurisprudence. In this article, we examine the reception of this jurisprudence by the European Court of Human Rights (ECtHR) and ask whether and how the CRPD Committee's interpretation of the CRPD has influenced the case law of the ECtHR. By focusing on the right to legal capacity, accessibility and reasonable accommodation, we demonstrate that the transformative jurisprudence of the CRPD Committee was met with visible disregard in Strasbourg. Our findings point to both the importance of specialized human rights treaties and jurisprudence in advancing the rights of historically discriminated groups and the challenges of judicially diffusing transformative protections for the rights of persons with disabilities into general human rights law.}, language = {en} } @incollection{CalıFinnerty, author = {{\c{C}}al{\i}, Ba{\c{s}}ak and Finnerty, Joseph}, title = {Accessibility of law}, series = {The Companion to the European Convention on Human Rights}, booktitle = {The Companion to the European Convention on Human Rights}, editor = {Istrefi, Kushtrim and Ratniece, Zane and Kamber, Krešimir}, publisher = {Brill | Nijhoff}, isbn = {9789004541559}, doi = {10.1163/9789004541559}, publisher = {Hertie School}, language = {en} } @incollection{CalıFinnerty, author = {{\c{C}}al{\i}, Ba{\c{s}}ak and Finnerty, Joseph}, title = {Foreseeability of law}, series = {The Companion to the European Convention on Human Rights}, booktitle = {The Companion to the European Convention on Human Rights}, editor = {Istrefi, Kushtrim and Ratniece, Zane and Kamber, Krešimir}, publisher = {Brill | Nijhoff}, isbn = {9789004541559}, doi = {10.1163/9789004541559}, publisher = {Hertie School}, language = {en} } @incollection{CalıFinnerty, author = {{\c{C}}al{\i}, Ba{\c{s}}ak and Finnerty, Joseph}, title = {Quality of law}, series = {The Companion to the European Convention on Human Rights}, booktitle = {The Companion to the European Convention on Human Rights}, editor = {Istrefi, Kushtrim and Ratniece, Zane and Kamber, Krešimir}, publisher = {Brill | Nijhoff}, isbn = {9789004541559}, doi = {10.1163/9789004541559}, publisher = {Hertie School}, language = {en} } @incollection{CalıFinnerty, author = {{\c{C}}al{\i}, Ba{\c{s}}ak and Finnerty, Joseph}, title = {Legitimate aim}, series = {The Companion to the European Convention on Human Rights}, booktitle = {The Companion to the European Convention on Human Rights}, editor = {Istrefi, Kushtrim and Ratniece, Zane and Kamber, Krešimir}, publisher = {Brill | Nijhoff}, isbn = {9789004541559}, doi = {10.1163/9789004541559}, publisher = {Hertie School}, language = {en} }