TY - CHAP A1 - Çalı, Başak A1 - McGregor, Lorna A1 - Elibol, Zeynep ED - Scheinin, Martin T1 - The International Court of Justice as an Integrator, Developer and Globaliser of International Human Rights Law T2 - Human Rights in Other International Courts Y1 - 2019 U6 - https://doi.org/10.1017/9781108584623.003 SP - 62 EP - 86 PB - Cambridge University Press CY - Cambridge ER - TY - CHAP A1 - Çalı, Başak T1 - The case for the right to meaningful access to internet as a Human Right in International Law T2 - The Cambridge Handbook on New Human Rights Y1 - 2020 SN - 9781108676106 SP - 276 EP - 284 PB - Cambridge University Press CY - Cambridge ER - TY - JOUR A1 - Çalı, Başak T1 - Russia and the European Court of Human Rights: The Strasbourg Effect JF - International Journal of Constitutional Law N2 - Russia and the European Court of Human Rights: The Strasbourg Effect, edited by Mälksoo and Benedek, focuses on a pressing issue in the field of human rights law: the impact of the case law of the European Court of Human Rights in decaying democratic contexts and authoritarian settings and the reception of the Convention and its standards by domestic judges in such environments. The book is timely due to two recent developments that set Russia aside from the other forty-six member states of the Council of Europe. First, there is a significant political standoff between the Russian Federation and the Council of Europe, evidenced in the suspension of voting rights for Russian national parliamentarians sitting in the Parliamentary Assembly of the Council of Europe in 2014 in response to Russia’s annexation of Crimea.1 Since then Russia has stopped paying its contribution to the ordinary budget, bringing the Council of Europe into serious financial difficulty. Second, in December 2015, an amendment to the Federal Constitutional Law of the Russian Federation granted the Russian Constitutional Court the power to declare opinions from international human rights bodies “impossible to execute.”2 In this way, Russia has become the first Council of Europe member state to have a domestic constitutional process designed to resist the implementation of individual judgments of the European Court of Human Rights. The book is comprised of twelve chapters and an introduction. Part I one of the book examines the relationship between Russia and the European Court of Human Rights and the Council of Europe over time. Part II addresses the legislative and judicial reception of the Convention standards in Russia. Part III has three case studies exploring Russia’s response to judgments concerning gross human rights violation cases in Chechnya, right-to-property cases, and cases concerning the rights of LGBTI individuals. The final part of the book focusses on identifying the range of factors that explain the impact and reception of the European Court of Human Rights in Russia, although every chapter in the book also does this, offering its own account of and explanation for impact and reception. Overall, the book argues that the effects of the European Court of Human Rights in Russia have been selective and limited, but that the impact and reception have variations not only across issue areas but also across time. Roter, exploring the periodization of the variation of the Strasbourg Effect in Russia, identifies three key phases (Chapter 1). The first period between the accession of Russia to the European Convention on Human Rights until the mid-2000s is identified as comparatively good times where both domestic and international actors had meaningful hopes that the influence of the Strasbourg Court would bring about domestic reforms in Russia. The period from the mid-2000s until the annexation of Crimea by Russia in 2014 is characterized as a period in which there was a massive influx of cases against Russia and slow compliance but continuing participation in the Council of Europe machinery, like any other state. From 2014 onward a new period began, which is characterized as one of open resistance to Strasbourg in Russia, albeit with a degree of à la carte compliance, in particular with respect to the payment of compensation to victims of human rights violations, which have continued in this period. According to this periodization, Strasbourg’s Russia problem really started in 2014, a time when Russia could no longer be understood as just another country with a large number of pending cases and a compliance problem. The issue-specific investigations of the Strasbourg Effect further support the claim that the reception and impact of the European Court of Human Rights vary across groups of cases. While the Chechen cases (Leach, Chapter 8), which identify gross human rights violations by security forces, have been some of the hardest cases in terms of lack of implementation of the judgments, the Russian judiciary and legislature have been more responsive, using Strasbourg decisions finding a violation of the right to property (Starzhenetskiy, Chapter 9) to reform parts of the property regime of the Russian Federation. With respect to the protection of LGBT rights (Bartenev, Chapter 10), the book underlines that these cases did not face open resistance from apex courts early on, but that that the LGBT cases in the current post-2014 context do have the potential to deepen the open resistance of Russian authorities to the European Court of Human Rights Y1 - 2019 U6 - https://doi.org/10.1093/icon/moz014 VL - 17 IS - 1 SP - 361 EP - 365 ER - TY - JOUR A1 - Çalı, Başak A1 - Galand, Alexandre Skander T1 - Towards a common institutional trajectory? Individual complaints before UN treaty bodies during their Booming years JF - The International Journal of Human Rights N2 - The expanding number of UN treaty bodies with competence to rule on individual complaints as well as the increasing amount of complaints lodged before these bodies trigger the question whether they are capable of acting as a unified institution when dealing with individual complaints or whether they remain as a fragmented institutional site. In this article, we comparatively analyse the case law of all treaty bodies between 2013 and 2016 with the aim of assessing whether UN treaty bodies are moving towards a common institutional trajectory. We find that despite textual differences, the treaty bodies’ case law displays both early signs of a common institutional trajectory and risks of institutional fragmentation. The most significant common institutional trends are access friendliness; self-referential citations, a preference for implicit harmonisation; and case by case activism with respect to individual remedies. Yet, we also identify lack of systematic and explicit cross treaty-fertilization and diverging approaches to specifying general remedies as risks that may undermine the formation of a common institutional trajectory. We argue that the early signs of informal collective institutionalisation may be capable of fostering a common institutional identity in the years to come, if risks of fragmentation are acknowledge and mitigated. Y1 - 2020 U6 - https://doi.org/10.1080/13642987.2019.1709447 SN - 1744-053X SP - 1 EP - 24 ER - TY - CHAP A1 - Çalı, Başak ED - Fassbender, Bardo ED - Traisbach, Knut T1 - Political Limits of International Human Rights T2 - The Limits of Human Rights N2 - What are the limits of human rights, and what do these limits mean? This volume engages critically and constructively with this question to provide a distinct contribution to the contemporary discussion on human rights. Fassbender and Traisbach, along with a group of leading experts in the field, examine the issue from multiple disciplinary perspectives, analysing the limits of our current discourse of human rights. It does so in an original way, and without attempting to deconstruct, or deny, human rights. Each contribution is supplemented by an engaging comment which furthers this important discussion. This combination of perspectives paves the way for further thought for scholars, practitioners, students, and the wider public. Ultimately, this volume provides an exceptionally rich spectrum of viewpoints and arguments across disciplines to offer fresh insights into human rights and its limitations. Y1 - 2019 SN - 9780198824763 SP - 137 EP - 147 PB - Oxford University Press ER - TY - JOUR A1 - Çalı, Başak T1 - Coping with Crisis: Whither the Variable Geometry in the Jurisprudence of the European Court of Human Rights JF - Wisconsin International Law Journal N2 - This article offers a new take on the diagnosis of the crisis of the European human rights system by focusing on the diversification of the attitudes towards the European Court of Human Rights by national compliance audiences, namely domestic executives, parliaments, and judiciaries. This diagnosis holds that national compliance audiences of the European Court of Human Rights can no longer be characterized as lending overall support to the human rights acquis of Europe, that centers around the European Court of Human Rights as the ultimate authoritative interpreter of the Convention. Instead, alongside states that continue to lend overall support to the Court’s authority over the interpretation of the Convention, two new attitudes have developed towards the Convention across the Council of Europe. First, there are now national compliance audiences that demand co-sharing of the interpretation task with the European Court of Human Rights. Second, there are national compliance audiences that flaunt well-established Convention standards, not merely by error, or lack of knowledge of adequate application, but with suspect grounds of intentionality and lack of respect for the overall Convention acquis. Following this diagnosis, I argue that instead of holding on to a business as usual attitude, the Court has also developed coping strategies in order to handle this fragmentation by investing in a human rights jurisprudence of a variable geometry, recognizing differentiation in the individual circumstances of states as a basis for human rights review. Y1 - 2018 VL - 35 IS - 2 SP - 237 EP - 276 ER - TY - RPRT A1 - Çalı, Başak ED - Salomon, Margot E. ED - de Witte, Bruno T1 - The European Court of Human Rights and Accountability for Neoliberal State Conduct: Never the Twain Shall Meet? T2 - Legal Trajectories of Neoliberalism: Critical Inquiries on Law in Europe (EUI Working Paper RSCAS 2019/43) N2 - Responses to the recent (and ongoing) debt and austerity crises in Europe reveal multiple techniques through which the rule and role of law operate in these times of neoliberal capitalism. From international law, to human rights law, to European Union law, and constitutional law the deployment and orientation of law in the past few years point up ways in which law co-constitutes neoliberal values and structures, legitimating and hardening those values and foreclosing alternatives. Framing market interests, capital accumulation and profit as the common interest, advancing conditions for competition, favouring the private over the public and over the commons, and situating social justice as derivative of those goals are just some of the neoliberal values that have been reflected through the instrumentalism of law. The contributors to this collective working paper offer short ‘think pieces’ exploring the legal trajectory of neoliberalism in particular fields of law. Some of them take a general perspective on the evolving role of law, whereas others focus on select but representative examples. The authors may not all concur in their assessment of the role of law, but they all engage with the role of law in the recent evolution of European politics and society. Y1 - 2019 UR - https://cadmus.eui.eu/bitstream/handle/1814/63447/RSCAS%202019_43.pdf?sequence=8&isAllowed=y SN - 1028-3625 SP - 21 EP - 26 ER - TY - CHAP A1 - Çalı, Başak ED - Hollis, Duncan B. T1 - Specialized Rules of Treaty Interpretation: Human Rights T2 - The Oxford Guide To Treaties Y1 - 2020 SN - 9780199601813 SP - 525 EP - 550 PB - Oxford University Press CY - Oxford ER - TY - JOUR A1 - Çalı, Başak T1 - How Loud Do the Alarm Bells Toll? Execution of ‘Article 18 Judgments’ of the European Court of Human Rights JF - European Convention on Human Rights Law Review N2 - This article investigates whether Article 18 judgments of the European Court of Human Rights, indicating that the state authorities pursued ulterior and illegitimate motives when violating the Convention, receive the seriousness and the urgency that they call for at the execution phase. By way of an analysis of the responses of the Committee of Ministers and states on the receiving end of Article 18 judgments between 2004 and June 2021, this article finds that the collective responsiveness of the Committee of Ministers to Article 18 judgments has increased over time, especially with respect to individual measures required to implement Article 18 judgments. So far, the responsiveness of individual states to their Article 18 judgments does, however, vary significantly, ranging from taking concrete steps to implement the judgments to outright resistance and no response, posing a significant risk to the Convention system’s ability to respond to the decay of rule of law. Y1 - 2021 U6 - https://doi.org/10.1163/26663236-bja10024 SN - 2666-3228 ER - TY - CHAP A1 - Çalı, Başak T1 - International Legal Human Rights and Moral Human Rights: Friends or Foes? T2 - Human Rights in the 21st Century Y1 - 2020 SN - 978-94-6236-993-1 SP - 13 EP - 24 PB - Eleven International Publishing CY - Den Haag ER - TY - JOUR A1 - Çalı, Başak T1 - ‘To me, fair friend, you can never be old´, William Shakespeare, ´Sonnet 104´: ECHR at 70. Rudolf Bernhardt Lecture, 2020 JF - Zeitschrift für ausländisches öffentliches Recht und Völkerrecht / Heidelberg Journal of International Law N2 - This article undertakes a survey of the changes in the structure of the interpretive doctrines of the European Court of Human Rights (the Court) over time in an exploration of the aging of the European Convention on Human Rights (ECHR or the Convention) on its 70th anniversary. It argues that the Court’s interpretive doctrines that seek to give due defer ence to national rights traditions, canons and institutions have become increasingly pervasive in the Court’s procedural and substantive case law in the last two decades. This, in particular, has come at a loss for interpretative doctrines that interpret the Convention as a practical and effective living pan-European instrument. This argument is built in four parts. First it offers a defence of why a study of the interpretive doctrines of the Court over time is a good proxy for studying the ECHR’s ageing process. In the second part, it discusses the rich doctrinal forms of due deference and effective interpretation in the case law of the Court – both young and mature. Part three explains how the judicialisation and expansion of the European human rights system in late 1990 s transitioned to a more height ened and sophisticated focus on due deference doctrines in the Court’s case law. Finally, part four examines whether the recent judicial innovations under the Court’s Article 18 case law and the widely celebrated success of increased ownership of the Convention by domestic courts can act as counter points to the argument that the effective interpretation principle has suffered a loss as the Convention has aged, concluding that none of this may offset the fact that the Convention at 70 is more conservative in spirit than its younger self. KW - European Convention on Human Rights KW - European Court of Human Rights KW - effective interpretation KW - due deference Y1 - 2021 UR - https://www.nomos-elibrary.de/10.17104/0044-2348-2021-4/zeitschrift-fuer-auslaendisches-oeffentliches-recht-und-voelkerrecht-heidelberg-journal-of-international-law-volume-81-2021-issue-4 U6 - https://doi.org/10.17104/0044-2348-2021-4-895 SN - 0044-2348 VL - 81 IS - 4 SP - 895 EP - 916 ER - TY - JOUR A1 - Çalı, Başak A1 - Demir-Gürsel, Esra T1 - The Council of Europe’s Responses to the Decay of the Rule of Law and Human Rights Protections: A Comparative Appraisal JF - European Convention on Human Rights Law Review N2 - This article introduces the Special Issue on ‘The Responses of the Council of Europe to the Decay of the Rule of Law and Human Rights Protections’. The Council of Europe (CoE), a unique international organisation with its commitment to protect and promote human rights, the rule of law, and democracy, has been severely tested by the spread and consolidation of trends posing systemic threats to its foundational goals. The authors of this Special Issue assess how the European Court of Human Rights, the Venice Commission, the Parliamentary Assembly, the Committee of Ministers, and the office of the Secretary General have addressed systemic threats to the foundational principles of the organisation in the last decade. The Special Issue finds that the respective legal-institutional features and capacities of the CoE organs as well as the constraining influence of the broader political context in Europe on them vary significantly, hampering the CoE’s ability to produce timely, consistent, and co-ordinated responses against systemic threats. KW - democratic backsliding KW - Council of Europe KW - European Court of Human Rights KW - Venice Commission KW - Parliamentary Assembly of the Council of Europe Y1 - 2021 U6 - https://doi.org/10.1163/26663236-bja10027 SN - 2666-3236 VL - 2 IS - 2 SP - 165 EP - 179 ER - TY - CHAP A1 - Çalı, Başak T1 - UN treaty body views: a distinct pathway to UN human rights treaty impact? T2 - A Life Interrupted: Essays in honour of the lives and legacies of Christof Heyns Y1 - 2022 UR - https://www.pulp.up.ac.za/latest-publications/321-essays-in-honour-of-the-lives-and-legacies-of-christof-heyns SN - 9781991213143 SP - 443 EP - 459 PB - Pretoria University Law Press (PULP) CY - Pretoria ER - TY - CHAP A1 - Çalı, Başak A1 - Turkut, Emre T1 - Turkey: Pandemic Governance and Executive Aggrandisement T2 - Routledge Handbook of Law and the COVID-19 Pandemic N2 - The COVID-19 pandemic not only ravaged human bodies but also had profound and possibly enduring effects on the health of political and legal systems, economies and societies. Almost overnight, governments imposed the severest restrictions in modern times on rights and freedoms, elections, parliaments and courts. Legal and political institutions struggled to adapt, creating a catalyst for democratic decline and catastrophic increases in poverty and inequality. This handbook analyses the global pandemic response through five themes: governance and democracy; human rights; the rule of law; science, public trust and decision making; and states of emergency and exception. Containing 12 thematic commentaries and 25 chapters on countries of diverse size, wealth and experience of COVID-19, it represents the combined effort of more than 50 contributors, including leading scholars and rising voices in the fields of constitutional, international, public health, human rights and comparative law, as well as political science, and science and technology studies. Taking stock after the onset of global emergency, this book provides essential analysis for politicians, policy-makers, jurists, civil society organisations, academics, students and practitioners at both national and international level on the best, and most concerning, practices adopted in response to COVID-19 - and key insights into how states and multilateral institutions should reform, adapt and prepare for future emergencies. Y1 - 2022 SN - 9781032078854 PB - Routledge ER - TY - JOUR A1 - Raiser, Kilian A1 - Flachsland, Christian A1 - Çalı, Başak T1 - Understanding pledge and review: learning from analogies to the Paris Agreement review mechanisms JF - Climate Policy N2 - This article draws lessons for the effectiveness of the Paris Agreement’s pledge and review mechanisms from the performance of comparable review mechanisms established under other international treaties. The article employs systematic evidence synthesis methods to review the existing literature on international review mechanisms in the human rights, trade, labour, and monetary policy fields and identifies six common factors influencing their performance. Applying these findings to the Paris Agreement, the analysis finds that its review mechanisms incorporate many of these factors. In particular, they combine both expert and peer review, allow for repeated interaction and capacity building, and facilitate the regular and transparent provision of information. The comparative analysis also highlights two major deficiencies of the Paris Agreement: the absence of procedures to assess the adequacy of national pledges and actions taken to implement them, and resource constraints in carrying out a complex and arduous review process. Active engagement of non-state actors with review mechanisms is identified as a potential remedy to these shortcomings. However, the overall experience of other regimes suggests that, on their own, review mechanisms provide few incentives for states to undertake significant policy changes. Rather, the political context of each regime conditions the performance of review mechanisms. We therefore conclude that the Paris Agreement’s review mechanisms alone are unlikely to bring about the necessary ratcheting up of climate policy ambitions. Y1 - 2022 U6 - https://doi.org/10.1080/14693062.2022.2059436 N1 - This is a post-peer-review, pre-copyedit version of an article published in Climate Policy. The final authenticated version is available online at: https://doi.org/10.1080/14693062.2022.2059436 SP - 1 EP - 25 ER - TY - JOUR A1 - Munzert, Simon A1 - Ramirez-Ruiz, Sebastian A1 - Çalı, Başak A1 - Stoetzer, Lukas F. A1 - Gohdes, Anita R. A1 - Lowe, Will T1 - Prioritization preferences for COVID-19 vaccination are consistent across five countries JF - Humanities and Social Sciences Communications N2 - Vaccination against COVID-19 is making progress globally, but vaccine doses remain a rare commodity in many parts of the world. New virus variants require vaccines to be updated, hampering the availability of effective vaccines. Policymakers have defined criteria to regulate who gets priority access to the vaccination, such as age, health complications, or those who hold system-relevant jobs. But how does the public think about vaccine allocation? To explore those preferences, we surveyed respondents in Brazil, Germany, Italy, Poland, and the United States from September to December of 2020 using ranking and forced-choice tasks. We find that public preferences are consistent with expert guidelines prioritizing health-care workers and people with medical preconditions. However, the public also considers those signing up early for vaccination and citizens of the country to be more deserving than later-comers and non-citizens. These results hold across measures, countries, and socio-demographic subgroups. Y1 - 2022 U6 - https://doi.org/10.1057/s41599-022-01392-1 VL - 9 IS - 439 ER - TY - JOUR A1 - Çalı, Başak A1 - Costello, Cathryn A1 - Cunningham, Stewart T1 - Hard Protection through Soft Courts? Non-Refoulement before the United Nations Treaty Bodies JF - German Law Journal N2 - This Article comparatively analyses how the prohibition of refoulement is interpreted by United Nations Treaty Bodies (UNTBs) in their individual decision-making, where we suggest they act as “soft courts.” It asks whether UNTBs break ranks with or follow the interpretations of non-refoulement of the European Court of Human Rights. This investigation is warranted because non-refoulement is the single most salient issue that has attracted individual views from UNTBs since 1990. Moreover, our European focus is warranted as nearly half of the cases concern states that are also parties to the European Convention on Human Rights. Based on a multi-dimensional analysis of non-refoulement across an original dataset of over 500 UNTB non-refoulement cases, decided between 1990–2020, as well as pertinent UNTB General Comments, the Article finds that whilst UNTBs, at times, do adopt a more progressive position than their “harder” regional counterpart, there are also instances where they closely follow the interpretations of the European Court of Human Rights and, on occasion, adopt a more restrictive position. This analysis complicates the view that soft courts are likely to be more progressive interpreters than hard courts. It further shows that variations in the interpretation of non-refoulement in a crowded field of international interpreters present risks for evasion of accountability, whereby domestic authorities in Europe may favor the more convenient interpretation, particularly in environments hostile to non-refoulement. Y1 - 2020 U6 - https://doi.org/doi:10.1017/glj.2020.28 SN - 2071-8322 IS - 21 SP - 355 EP - 384 ER - TY - BOOK A1 - Çalı, Başak A1 - Bianku, Ledi A1 - Motoc, Iulia T1 - Migration and the European Convention on Human Rights N2 - This edited collection investigates where the European Convention on Human Rights as a living instrument stands on migration and the rights of migrants. This book offers a comprehensive analysis of cases brought by migrants in different stages of migration, covering the right to flee, who is entitled to enter and remain in Europe, and what treatment is owed to them when they come within the jurisdiction of a Council of Europe member state. As such, the book evaluates the case law of the European Convention on Human Rights concerning different categories of migrants including asylum seekers, irregular migrants, those who have migrated through domestic lawful routes, and those who are currently second or third generation migrants in Europe. The broad perspective adopted by the book allows for a systematic analysis of how and to what extent the Convention protects non-refoulement, migrant children, family rights of migrants, status rights of migrants, economic and social rights of migrants, as well as cultural and religious rights of migrants Y1 - 2021 SN - 9780192895196 PB - Oxford University Press ER - TY - JOUR A1 - Çalı, Başak T1 - Autocratic Strategies and the European Court of Human Rights JF - European Convention on Human Rights Law Review Y1 - 2021 U6 - https://doi.org/10.1163/26663236-bja10015 SN - 2666-3236 SN - 2666-3228 SP - 1 EP - 9 ER - TY - CHAP A1 - Çalı, Başak A1 - Hatas, Kristina ED - Aust, Helmut Philipp ED - Demir-Gürsel, Esra T1 - History as an Afterthought: The (Re)discovery of Article 18 in the Case Law of the European Court of Human Rights T2 - The European Court of Human Rights: Current Challenges in Historical and Comparative Perspective Y1 - 2021 SN - 9781839108334 SP - 158 EP - 176 PB - Edward Elgar ER -