Constitution And Human Rights Hasan Tahsin Fendoğlu

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 1982

3. Basic social and political dynamics of the constitution of 1982

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 1982

C. BASIC SOCIAL AND POLITICAL DYNAMICS OF THE CONSTITUTION OF 1982

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 PERIOD59

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 RIGHTS