The Right to a Remedy in Türkiye: From the Ottoman Era to the Republic of Türkiye

Abstract

The right to an effective remedy is a foundational principle of international human rights law, ensuring that individuals whose rights have been violated can seek redress through accessible and impartial legal mechanisms. This principle is enshrined in Article 8 of the Universal Declaration of Human Rights ( UDHR ) and Article 2(3) of the International Covenant on Civil and Political Rights ( ICCPR ), which obligates states to provide effective remedies for violations of recognized rights. First, I will begin with the historical background of Turkish law to outline the scope of “rights” under Turkish law. Second, I will evaluate the right to a remedy within international human rights documents, especially in terms of the ICCPR and Türkiye. Third, I will examine the right to a remedy under Turkish law in relation to the European Convention on Human Rights and the cases of its court. Fourth, this study will examine the post-2010 constitutional amendment that introduced the right of individual application to the Turkish Constitutional Court, following the exhaustion of domestic remedies, and which entered into force on 23 September 2012.