HUKUKA GİRİŞ

Human rights put human dignity in the center of concern. The characteristics of human rights are as follows:

The existence of human rights is a result of a struggle against unrestricted absolute power of rulers. In that sense early examples of documents limiting absolute power in a constitutional status are

• Magna Carta, 1215

• Petition of Rights, 1628

• The American Declaration of Independence, 1776

• The French Declaration of Human and Citizen Rights, 1789.

Of all the conventions cited above, only one is not related with any kind of human rights. Convention on the Privileges and Immunities of United Nations regard the rights that United Nations have, not those owned by regular people. Thus the correct answer is D.

The Human Rights Committee shall be composed of nationals of the States Parties to the International Covenant on Civil and Political Rights. According to the article 40/1 of the International Covenant on Civil and Political Rights, the States Parties to the International Covenant on Civil and Political Rights undertake to submit reports on the measures they have adopted which give effect to the rights recognized in it and on the progress made in the enjoyment of those rights.

Protocol No 17, adds new fundamental rights such as “right to property”, “right to education” and “right to free elections” to those protected in the European Convention on Human Rights. Protocol No 48, secures certain rights and freedoms other than those already in the Convention such as “prohibition of imprisonment for debt”, “freedom of movement”, “prohibition of expulsion of nationals”. Protocol No 69, regards the abolition of the death penalty. Protocol No 710, extends the list of rights protected under the Convention and its Protocols in -the right to compensation in the event of a miscarriage of justice. Protocol No 1212 deals with the general prohibition of discrimination stating that “ (t)he enjoyment of any right set forth by law shall be secured without discrimination on any ground such as sex, race, color, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.”

Nature of fundamental rights and freedoms Article 12- Everyone possesses inherent fundamental rights and freedoms, which are inviolable and inalienable. The fundamental rights and freedoms also comprise the duties and responsibilities of the individual to the society, his/her family, and other individuals.

Below cannot fall under the competence of the Constitutional Court with regards to the individual application:

Under the article 47/1 of the Law No 6216 individual applications could be made

• directly,

• through courts,

• through representatives abroad.

Application in other means that specified above shall be regulated with the Internal Regulation of the Constitutional Court.

The petition for individual application shall consist of:

According to the article 47/5 of the Law No 6216 the individual application should be made within 30 days starting from the exhaustion of legal remedies.

The German Declaration of Human and Citizen Rights is not one of them

human rights are applied equally

right to naturalization is not one of them

Freedom of cirime is not one them

The African Convention on Human Rights is not one them

prohibits unlawful detention

The Constitutional Court shall … decide on individual applications.

directly,through courts,through representatives abroad.

Resulting is not one of them

Article 15 Prohibition of discrimination is not correct