Constıtutıon And Human Rıghts

Yayınevi: Yetkin Yayınları
Yazar: Hasan Tahsin FENDOĞLU
ISBN: 978-605-05-0546-7
Stok Durumu: Stokta var
81,00 TL 90,00 TL

Adet

 
   0 yorum  |  Yorum Yap
Kitap Künyesi
Yazar Hasan Tahsin FENDOĞLU
Baskı Tarihi 2020/03
Baskı Sayısı 1
Boyut 16x24 cm (Standart Kitap Boyu)
Cilt Karton kapak

Constıtutıon And Human Rıghts ( Articles, Speeches, Critiques, Appendices)

Prof. Dr. Hasan Tahsin FENDOĞLU

2020/03 1. Baskı, 416 Sayfa

ISBN 978-605-05-0546-7

CONTENTS

FOREWORD TO THE SECOND EDITION5

FOREWORD TO THE FIRST EDITION7

CHAPTER ONE: FREEDOM AND CONSTITUTION

I. TURKISH CONSTITUTIONS AND TOWARDS A NEW
CONSTITUTİON17

Abstract17

1. Introduction17

2. Turkish constitutions before 198218

3. Basic social and political dynamics of the constitution
of 198219

4. New civilian constitution24

5. Presidential system on the horizon?25

6. Conclusion27

References28

II. LIBERTY AND TURKISH CONSTITUTIONS31

Abstract31

A. INTRODUCTION: DEMOCRACY, WAVES OF

DEMOCRATISATION AND CONTRARY WAVES OF DEMOCRATISATION31

B. TURKISH CONSTITUTIONS BEFORE 198232

C. BASIC SOCIAL AND POLITICAL DYNAMICS OF THE CONSTITUTION OF 198234

1. Generally:34
2. The Four Essentials That Should be Included by a Liberal democratic Constitution:34
3. The Sources of The Constitution of 1982: 36
4. The Opposite Sides of The European Convention on Human Rights in the 1982 Constitution in the 1982 Constitution: 36
5. The Differences Between 1961 and 1982 Constitutions:37
6. Temporary 15th Article of 1982 Constitution (Immunity of Judiciary About 12 September 1980 Adminitrators):38
7. The Power According to The 1982 Constitution:38
8. The Constitution of 1982 and Individual (Its Political Philosophy):38
9. The Amendements of The Constitution of 1982:41

Conclusıon41

Selected Bıblıography42

III. LIBERTY, TURKISH CONSTITUTIONS AND NEW CONSTITUTION 45

IV. INSTITUTE OF RECRUITING IN THE OTTOMAN PERIOD51

A.     INTRODUCTION 51

B.     THE SYSTEM OF RECRUITING-SLAVE53

1.TREATMENT (PERFORMANCE) OF THE SYSTEM OF RECRUITING-SLAVE:53

2.DETERIORATION OF RECRUITING SYSTEM:56

C.   CONCLUSION:57

V. OUTLINES OF HUMAN RIGHTS IN THE OTTOMAN
PERIOD
59

A. INTRODUCTION:59

B. THEORY:59

C. HUMAN RIGHTS PRACTICE IN
THE OTTOMAN STATE:60

VI. THE EFFECTIVENESS OF WOMEN IN THE OTTOMAN PALACE63

Abstract63

1. Introduction: About Seraglio63

2. The Palace Women System64

2.1. The Maids64
2.2.The Foreign Originated Women Living Like
Sultan’s Wife65

3. The Application Of The Seraglio In The Ottoman State66

3.2. The Affects of Nurbanu Sultan on the Government During The Reign of Selim II, (Yellow Selim), (reigned between 1566–1574)67
3.3- The affects of Mother Nurbanu Sultan, Head Woman Safiye Sultan on the Goverment During the Reign of Murat III (birth: 1546; death: 1595; reigned 1574-1595)68
3.4. The Affects of Mother Safiye Sultan (birth: 1550, death: 1605) On The Government During The Reign of Mehmet III (birth: 1566, death: 1603)68
3.5. The Affects of Kösem Sultan (1585-1651) on the Government During the Reign of Ahmet I (born:1590; death: 1617; reigned: 1603-1617)69
3.6. The Affects of Palace Women on the Government During the Reign of Sultan Mustafa I (Mad) [29]
3. 7. The Period of Young Osman (Martyr) (born 1604;died 1622; reigned 1618-1612)69
3.8. The Affects of Kosem Sultan During
 the Reign of Murat IV69
3.9. The Effects of Kosem Sultan During the Reign of Sultan Ibrahim I (reigned 1640–1648)70
3.10. The Affects of the Palace Women During the Reign of Mehmet IV (the Hunter)71
3.11.Kosem Sultan72
3.12.Turhan Hatice Sultan72

Conclusion72

References74

VII. HUMAN RIGHTS BODIES IN TURKEY79

SCHEMA: HEALTH AND HUMAN RIGHTS79

SCHEMA: HEALTH AND HUMAN RIGHTS80

VIII. SPEECH AT MOROCCO:ABOUT TURKISH HUMAN
RIGHTS BODIES93

IX. PRESENTATION AT AZERBAIJAN:97

OMBUDSMANSHIP AND MEDIA (TURKISH EXPERIENCE)97

I. OMBUDSMANSHIP: TURKISH EXPERIENCE97

II. MEDIA SELF REGULATION: TURKISH
EXPERIENCE100

III. SOME PRINCIPLES FOR MEDIA SERVICES: 101

X. ON HUMAN RIGHTS DAY:10 DECEMBER 2007:104

PROTECTING HUMAN RIGHTS IS PROTECTING HUMAN DIGNITY104

XI. PRESENTATION AT EUROPEAN COUNCIL
(STRASBOURG):107

GENDER EQUITY IN TURKEY107

XII. PRESENTATION AT CAIRO: AT EUROPEAN COUNCIL PROJECT:109

XIII. TERRORISM IN THE INTERNATIONAL DOCUMENTS114

A.INTRODUCTION114

B. TERROR CONCEPT ACCORDING TO THE CONFERENCE OF UNION OF PENAL LAW115

C. TERRORISM AT THE CONVENTIONS OF STRUGGLING OF TERRORISM (GENEVA CONVENTIONS)115

D. TERRORISM AT THE LEAGUE OF NATIONS’
DECISIONS
:115

E. TERROR CONCEPT AT THE DOCUMENTS OF UNITED NATIONS (UN)115

F.TERRORISM CONCEPT ACCORDING TO THE DECISIONS OF EUROPEAN COUNCIL115

G. TERRORISM AT THE DOCUMENTS OF THE ORGANISATION   OF SECURITY AND COOPERATION IN EUROPE (OSCE)116

H. CONCLUSION116

XIV. PRINKIPO ORPHANAGE117

1.      Ottoman Period: 117

2.      Republican Period: 118

3.      Building: 118

4.      Turkey’s Argument: 119

5.      Legal Debate:119

6.      Evaluation: 119

CHAPTER TWO: CRITIQUES OF THE BOOKS

I . CRITIQUE OF THE BOOK: “DEVELOPMENT OF DEMOCRACY IN TURKEY AND THE EUROPEAN UNION125

II. CRITIQUE OF THE BOOK: “JUDICIAL RELATIONS BETWEEN THE OTTOMAN EMPIRE AND UNITED STATES OF AMERICA IN THE CONTEXT OF AUTOCRATIC MODERNITY AND CONSTITUTIONAL MONARCHY”134

III. CRITIQUE OF THE BOOK: “FOREIGN CAPITAL AND PROPERTY SALES TO FOREIGNERS”137

IV. CRITIQUE OF THE ARTICLE: “ARMENIAN PROBLEM IN THE CONTEXT OF RELATIONS BETWEEN THE OTTOMAN EMPIRE AND UNITED STATES OF AMERICA”143

CHAPTER THREE: FOREWORDS WRITTEN TO
THE ENGLISH BOOKS

1. FOREWORD TO THE BOOK TITLED “HUMAN RIGHTS INFORMATIVE BULLETIN–2007”149

2. FOREWORD TO BOOK OF “ALLIANCE OF CIVILIZATIONS, INTERNATIONAL HUMAN RIGHTS CONFERENCE”153

3. FOREWORD TO THE BOOK “HUMAN RIGHTS REPORTS OF TURKEY- 2007”155

4. FOREWORD TO THE “MISSING CHILDREN REPORT OF TURKEY- 2007”157

5. FOREWORD TO THE “FIGHTING AGAINST TORTURE AND ILL-TREATMENT REPORT OF TURKEY
- 2007”
159

6. FOREWORD TO THE “HONOUR KILLINGS REPORT OF TURKEY- 2007”161

7. FOREWORD TO THE BOOK “HUMAN RIGHTS REPORTS OF TURKEY- 2008”163

8. FOREWORD TO THE BOOK “WHAT ARE HUMAN RIGHTS (BASIC KNOWLEDGE AND THE DEVELOPMENTS IN TURKEY CONCERNING HUMAN RIGHTS)”165

CONCLUSION167

SELECTED BIBLIOGRAPHY174

APPENDICES

I. SOME ARTICLES OF THE CONSTITUTION OF THE REPUBLIC OF TURKEY181

II. PRIME MINISRTY HUMAN RIGHTS REPORT-TURKEY, 2007.243

III. PRIME MINISTRY HUMAN RIGHTS REPORT-TURKEY, 2008.289

IV. HONOUR KILLINGS REPORT 345

V. MISSING CHILDREN REPORT 359

VI. FIGHTING AGAINST TORTURE AND
ILL-TREATMENT
387

VII UNIVERSAL DECLARATION OF HUMAN RIGHTS399


FOREWORD TO THE SECOND EDITION

The first edition of this book was published in 2012. Over the past eight years, major changes have been made to the constitution and thus to constitutional system. Therefore, writing a second edition became essential. In this edition, I have thoroughly reviewed the book and made necessary changes meticulously.

This new edition consists of numerous writings, presentations and speeches that I have made in international seminars/conferences, prefaces and critiques that I have written for various books, and reports prepared with great devotion when I was the President of Human Rights at the Prime Ministry of Turkey. By taking these pieces of contributions together in a book, I would like have it convenient for readers to access these important pieces of work in a single volume.

Among few books on Turkish law written in English are the General Priciples of Turkish Law, written by Kudret Güven,[1] and the Introduction to Turkish Law, edited by Tuğrul Ansay and Don Wallace JR (where the section on constitutional law written by Ergun Özbudun).[2] There are also invaluable policy pieces such as “What Are Human Rights (Basic Knowledge and the Developments in Turkey Concerning Human Rights)” of the Prime Ministry Human Rights Presidency.[3] A similar study have been done on human rights by Republic of Turkey Prime Ministry Undersecretariat of Public Order and Security, entitled“The Silent Revolution (Turkey’s Democratic Change and Transformation Inventory (2002-2012)” in Turkey.[4]

I hope that readers find this book instrumental for broadening the understanding on human rights from a constitutional perspective. I also hope that any possible remaining errors or omissions are taken lightly in my efforts to further shed light on these important issues.

In this edition, I would like to thank very much to Kerim-Ulviye, Rabia, Bekir-Zeynep-Kerem, Salih-Hande-Ali, Mehmet-Busra-Yusra, and Yetkin Publishing and their employees. In this edition, I would like to thank very much to Bekir, Salih and Mehmet for their helpful comments. Additional thanks very much to Associate Professor Salih Fendoğlu Economist at for his reviewing and contributions the book.

 

 

 

                                                                Hacettepe Beytepe, Ankara

                                                                January 10,  2020.



[1]      Güven, Kudret, General Principles of Turkish Law ,Yetkin Yayınları, Ankara 2016, Fourth Edition, ss. 1-275.

[2]      Ansay, Tuğrul-Don Wallace Jr, Introduction to Turkish Law, 3rd Edition, Kluver Law and Taxation Publishers, 1987, Norwell, USA, ve Olgaç Matbaası, Ankara 1987, ss. I+XV, 1-279.

[3]      Republic of Turkey Prime Ministry, What Are Human Rights (Basic Knowledge and the Developments in Turkey Concerning Human Rights), January 2008, ss. (1-71). I was President of Prime Ministry Human Rights Presidency.

[4]      Republic of Turkey Prime Ministry Undersecretariat of Public Order and Security, The Silent Revolution (Turkey’s Democratic Change and Transformation Inventory (2002-2012), 2nd Edition, Ankara, October 2013.

Yorum Yap

Lütfen yorum yazmak için oturum açın ya da kayıt olun.