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Global Jurist

Ed. by Mattei, Ugo / Monti, Alberto

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Framing the Boundaries of European Human Rights Law

1Head of Department in the Turkish Ministry of Foreign Affairs and Associate Lecturer at the Law Faculty of Ankara University

Citation Information: Global Jurist. Volume 13, Issue 2-3, Pages 49–70, ISSN (Online) 1934-2640, ISSN (Print) 2194-5675, DOI: 10.1515/gj-2014-0008, May 2014

Publication History

Published Online:
2014-05-21

Abstract

European human rights protection, ensured by the European Convention and Court of Human Rights, is declared to be universal and inclusive, protecting not only citizens of Europe but also anybody residing within the jurisdiction of the signatory countries. This article challenges this declaration and argues, with the help of some examples from the case law, that European human rights protection is based on the defined concepts of European-ness that exclude the perceived non-European within the Convention and the Court system.

Keywords: human rights; discrimination; racism; European human rights protection; case law of the European Court of Human Rights; Europe; exclusion; universal

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