HUKUKA GİRİŞ

Human rights put human dignity in the center of concern. The characteristics of human rights are as follows:
• universal: human rights are applied equally and with no discrimination.
• inalienable: no one can have his/her human rights’ taken away without any justification.
• indivisible and interdependent: all human rights have equal importance. Neither of them are overriding another by being more important than the other.

The first four conventions are principal UN Conventions whereas the last one is a regional convention.

In order to monitor the implementation of human rights universally and for universal human rights complaints the Human Rights Committee United Nations Human Rights Office of the High Commissioner and United Nations Economic and
Social Council were established.

The European Convention on Human Rights is an international treaty that member States of the Council of Europe undertakes to secure fundamental
civil and political rights to everyone within their jurisdiction.

It is stated in the preamble of the Constitution that every Turkish citizen has the
right to the fundamental rights and freedoms laid down in the Constitution in accordance with “equality” and “social justice”, to lead an honorable life and to improve his/her material and spiritual well-being under the aegis of national culture, civilization, and the rule of law.

The Turkish Constitution also sets minimum standards for protection of human rights under state of emergency.

The individual application has been introduced into the Turkish Legal System by the constitutional amendment made on 12.09.2010 with the Law No 5982.

The article 45/1 of the Law No 6216 states that:
“Everyone can apply to the Constitutional Court based on the claim that any one of the fundamental rights and freedoms within the scope of the European Convention on Human Rights and the additional protocols thereto, to which Turkey is a party, which are guaranteed by the Constitution has been violated by public force.”

Below cannot fall under the competence of the Constitutional Court with
regards to the individual application:
• legislative acts and legislative decrees,
• regulatory administrative acts,
• decisions of the Constitutional Court,
• acts of the President of the Republic in his/ her own competence (Article 125/2 of the Constitution)
• decisions of the Supreme Military Council on promotion and retiring due to lack of tenure, (Article 125/2 of the Constitution)
• decisions of the High Council of Judges and Prosecutors other than dismissal from the profession (Article 159/10 of the Constitution)

The power of the Constitutional Court in examination of the case is limited to whether there exists any violation of fundamental rights and freedoms, and if so, to determine how such violation could be remedied.