TY - JOUR A1 - Stoetzer, Lukas F. A1 - Munzert, Simon A1 - Lowe, Will A1 - Çalı, Başak A1 - Gohdes, Anita R. A1 - Helbling, Marc A1 - Maxwell, Rahsaan A1 - Traunmüller, Richard T1 - Affective partisan polarization and moral dilemmas during the COVID-19 pandemic JF - Political Science Research and Methods N2 - Recent scholarship on affective polarization documents partisan animosity in people's everyday lives. But does partisan dislike go so far as to deny fundamental rights? We study this question through a moral dilemma that gained notoriety during the COVID-19 pandemic: triage decisions on the allocation of intensive medical care. Using a conjoint experiment in five countries we analyze the influence of patients’ partisanship next to commonly discussed factors determining access to intensive medical care. We find that while participants’ choices are consistent with a utilitarian heuristic, revealed partisanship influences decisions across most countries. Supporters of left or right political camps are more likely to withhold support from partisan opponents. Our findings offer comparative evidence on affective polarization in non-political contexts. Y1 - 2022 U6 - https://doi.org/10.1017/psrm.2022.13 SP - 1 EP - 8 ER - TY - JOUR A1 - Çalı, Başak T1 - The Present and the Future of Infringement Proceedings: Lessons learned from Kavala v Türkiye JF - European Human Rights Law Review N2 - The Council of Europe is headed to its 4th Summit under the shadow, most likely, of the unimplemented infringement proceedings judgment in the case of Kavala v Turkey . 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 (ECtHR) 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. KW - Enforcement; European Court of Human Rights; Fines; Human rights; Judgments and orders; Penalties Y1 - 2023 UR - https://www.sweetandmaxwell.co.uk/Product/Human-Rights/European-Human-Rights-Law-Review/Journal/30791306 IS - 2 SP - 156 EP - 162 ER - TY - JOUR A1 - Çalı, Başak A1 - Demir-Gürsel, Esra T1 - Continuity and change in human rights appropriation: The case of Turkey JF - International Journal of Constitutional Law N2 - This article analyzes the political and legal dynamics of continuity and change in the appropriation of human rights in Turkey against the backdrop of growing authoritarian practices. Human rights appropriation in Turkey has traditionally focused on the interpretation of human rights favoring national security and secular sensibilities to determine who has human rights and to what extent. The recent decade is a case of continuity and change. While the secularist frame has been replaced by a religious frame defining authentic human rights holders as members of the “pious” Turkish Muslim family and society, the national security frame has remained a continuous source of human rights appropriation. The article first offers an account of the dynamics of old forms of human rights appropriation in Turkey. It then analyzes the new actors, strategies, and transnational dimensions of new forms of human rights (mis)appropriation. Y1 - 2023 U6 - https://doi.org/10.1093/icon/moad024 SP - 1 EP - 19 ER - TY - JOUR A1 - Zysset, Alain A1 - Çalı, Başak T1 - Exhausting domestic remedies or exhausting the rule of law? Revisiting the normative basis of procedural subsidiarity in the European Human Rights System JF - Transnational Legal Theory N2 - In recent years, the case law of the European Court of Human Rights has seen a new normative turn in grounding subsidiarity when interpreting the substantive rights in the European Convention on Human Rights. The Court has placed emphasis on subsidiarity considerations when the respondent state can demonstrate the democratic and rule of law pedigree of its rights-interfering actions. The Court’s interpretation of the procedural rule of the exhaustion of domestic remedies has not caught up with this new normative turn. This article argues for the ‘normative realignment’ thesis. Grounds for substantive subsidiarity are normatively defensible on democracy and rule of law considerations, and grounds for procedural subsidiarity can and should be more closely aligned with the same considerations. KW - European Court of Human Rights, subsidiarity, exhaustion of domestic remedies, margin of appreciation, democracy and the rule of law Y1 - 2023 U6 - https://doi.org/10.1080/20414005.2023.2232601 VL - 14 IS - 2 SP - 157 EP - 177 ER - TY - CHAP A1 - Kajtár, Gábor A1 - Çalı, Başak A1 - Milanovic, Marko ED - Kajtár, Gábor ED - Çalı, Başak ED - Milanovic, Marko T1 - Introduction: Secondary Rules of Primary Importance T2 - Secondary Rules of Primary Importance in International Law: Attribution, Causality, Evidence, and Standards of Review in the Practice of International Courts and Tribunals Y1 - 2022 SN - 9780192869012 PB - Oxford University Press ER - TY - CHAP A1 - Çalı, Başak ED - Kajtár, Gábor ED - Çalı, Başak ED - Milanovic, Marko T1 - Proving Bad Faith in International Law: Lessons from the Article 18 Case law of the European Court of Human Rights T2 - Secondary Rules of Primary Importance in International Law: Attribution, Causality, Evidence, and Standards of Review in the Practice of International Courts and Tribunals Y1 - 2022 SN - 9780192869012 PB - Oxford University Press ER - TY - RPRT A1 - Çalı, Başak T1 - The Present and the Future of Infringement Proceedings: Lessons Learned from Kavala v. Türkiye N2 - 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. Türkiye. 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. Y1 - 2023 U6 - https://doi.org/10.2139/ssrn.4424579 ER - TY - JOUR A1 - Çalı, Başak T1 - Does the Practice of the European Convention on Human Rights Fit the Practical Conception of Human Rights? JF - Human Rights Law Review N2 - 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. KW - practice conception of human rights, Charles Beitz, regional practice, urgent individual interests, European Convention on Human Rights Y1 - 2024 U6 - https://doi.org/10.1093/hrlr/ngad036 VL - 24 IS - 1 ER - TY - CHAP A1 - Çalı, Başak ED - Peters, Anne ED - Sparks, Tom T1 - Global Constitutionalism and the Individual T2 - The Individual in International Law: History and Theory Y1 - 2024 UR - https://global.oup.com/academic/product/the-individual-in-international-law-9780198898917?cc=de&lang=en&# SN - 9780198898917 SP - 321 EP - 340 PB - Oxford University Press ER - TY - CHAP A1 - Çalı, Başak A1 - Durmuş, Betül A1 - Eskitaşçıoğlu, İlayda ED - Heyns, Christof ED - Viljoen, Frans Jacobus ED - Murray, Rachel T1 - The Impact of the United Nations Human Rights Treaties on the Domestic Level in Turkey T2 - The Impact of the United Nations Human Rights Treaties on the Domestic Level: Twenty Years On Y1 - 2024 SN - 9789004377653 U6 - https://doi.org/10.1163/9789004377653_021 SP - 1225 EP - 1272 ER - TY - CHAP A1 - Çalı, Başak ED - van Aaken, Anne ED - d'Argent, Pierre ED - Mälksoo, Lauri ED - Vasel, Johann Justus T1 - Human Rights Ideas, Law, and Institutions in Europe T2 - The Oxford Handbook of International Law in Europe N2 - 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. KW - EU Law, International Law, Law Y1 - 2023 SN - 9780198865315 U6 - https://doi.org/10.1093/oxfordhb/9780198865315.013.8 PB - Oxford University Press ER - TY - JOUR A1 - Çalı, Başak T1 - Optimism in International Human Rights Law Scholarship JF - American Journal of International Law N2 - 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. KW - Centre for Fundamental Rights Y1 - 2024 U6 - https://doi.org/10.1017/ajil.2024.3 SN - 0002-9300 N1 - Open Access publication is funded by the Hertie School Library VL - 118 IS - 2 SP - 374 EP - 387 PB - Cambridge University Press ER - TY - JOUR A1 - Finnerty, Joseph A1 - Çalı, Başak T1 - The Travaux Préparatoires and Progressive Treaty Interpretation: Article 18 of the European Convention on Human Rights JF - European Journal of International Law N2 - 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 préparatoires 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. Y1 - 2025 U6 - https://doi.org/10.1093/ejil/chaf029 VL - 36 IS - 2 SP - 475 EP - 499 PB - Oxford University Press (OUP) ER - TY - JOUR A1 - Çalı, Başak A1 - Galand, Alexandre Skander T1 - 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 JF - Human Rights Quarterly N2 - 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. Y1 - 2025 U6 - https://doi.org/10.1353/hrq.2025.a965925 VL - 47 IS - 3 SP - 394 EP - 425 PB - Project MUSE ER - TY - CHAP A1 - Çalı, Başak A1 - Finnerty, Joseph ED - Istrefi, Kushtrim ED - Ratniece, Zane ED - Kamber, Krešimir T1 - Accessibility of law T2 - The Companion to the European Convention on Human Rights Y1 - 2026 SN - 9789004541559 U6 - https://doi.org/10.1163/9789004541559 PB - Brill | Nijhoff ER - TY - CHAP A1 - Çalı, Başak A1 - Finnerty, Joseph ED - Istrefi, Kushtrim ED - Ratniece, Zane ED - Kamber, Krešimir T1 - Foreseeability of law T2 - The Companion to the European Convention on Human Rights Y1 - 2026 SN - 9789004541559 U6 - https://doi.org/10.1163/9789004541559 PB - Brill | Nijhoff ER - TY - CHAP A1 - Çalı, Başak A1 - Finnerty, Joseph ED - Istrefi, Kushtrim ED - Ratniece, Zane ED - Kamber, Krešimir T1 - Quality of law T2 - The Companion to the European Convention on Human Rights Y1 - 2026 SN - 9789004541559 U6 - https://doi.org/10.1163/9789004541559 PB - Brill | Nijhoff ER - TY - CHAP A1 - Çalı, Başak A1 - Finnerty, Joseph ED - Istrefi, Kushtrim ED - Ratniece, Zane ED - Kamber, Krešimir T1 - Legitimate aim T2 - The Companion to the European Convention on Human Rights Y1 - 2026 SN - 9789004541559 U6 - https://doi.org/10.1163/9789004541559 PB - Brill | Nijhoff ER -