Skip to main content Accessibility help
×
Hostname: page-component-76fb5796d-5g6vh Total loading time: 0 Render date: 2024-04-29T02:37:09.968Z Has data issue: false hasContentIssue false

5 - Bottom-up

Kurdish Legal Mobilization at the ECtHR

from Part II - Kurdish Lawyers, the Turkish State and the ECtHR

Published online by Cambridge University Press:  30 October 2020

Dilek Kurban
Affiliation:
The Hertie School
Get access

Summary

Until the ECtHR entered the picture, Turkey’s legal landscape lacked the basic ingredients for access to justice. Justiciable rights were subject to significant restrictions, the judiciary was unreceptive to rights claims, and civil society was weak and disorganised. Without funding, rights-advocacy organisations or pro bono legal assistance, human rights victims lacked access to a support structure. Once Turkey recognised the ECtHR’s oversight, Kurdish lawyers mobilised owing to their historically embedded rights consciousness, relatively high level of organisation and resistance experience, and the sheer scale and density of state violence. They became the top litigant group in Strasbourg in terms of the number of petitions they filed and the precedent-setting judgements they won. Based on in-depth interviews, this chapter accounts how Kurdish lawyers have mobilised the ECtHR to resist state violence in an emergency context. It shows the complex ways in which Turkey’s recognition of the right of individual petition and efforts to accede to the EU, and the ECtHR’s post-enlargement reforms have affected and been affected by Kurdish legal mobilisation since the early 1990s.

Type
Chapter
Information
Limits of Supranational Justice
The European Court of Human Rights and Turkey's Kurdish Conflict
, pp. 185 - 229
Publisher: Cambridge University Press
Print publication year: 2020

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

  • Bottom-up
  • Dilek Kurban
  • Book: Limits of Supranational Justice
  • Online publication: 30 October 2020
  • Chapter DOI: https://doi.org/10.1017/9781108776585.007
Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

  • Bottom-up
  • Dilek Kurban
  • Book: Limits of Supranational Justice
  • Online publication: 30 October 2020
  • Chapter DOI: https://doi.org/10.1017/9781108776585.007
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Bottom-up
  • Dilek Kurban
  • Book: Limits of Supranational Justice
  • Online publication: 30 October 2020
  • Chapter DOI: https://doi.org/10.1017/9781108776585.007
Available formats
×