Framing the boundaries of European human rights law

Öztaş C.

Global Jurist, vol.13, no.2-3, pp.49-70, 2013 (Scopus) identifier

  • Publication Type: Article / Article
  • Volume: 13 Issue: 2-3
  • Publication Date: 2013
  • Doi Number: 10.1515/gj-2014-0008
  • Journal Name: Global Jurist
  • Journal Indexes: Scopus
  • Page Numbers: pp.49-70
  • Keywords: case law of the European Court of Human Rights, discrimination, Europe, European human rights protection, exclusion, human rights, racism, universal
  • Ankara University Affiliated: Yes

Abstract

© 2013 by Walter de Gruyter Berlin / Boston 2013.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.