Araştırma Makalesi
BibTex RIS Kaynak Göster

NATIONAL PARLIAMENTS, HUMAN RIGHTS AND COUNCIL OF EUROPE SYSTEM

Yıl 2019, Sayı: 40, 79 - 99, 31.10.2019

Öz

National parliaments have an important role in the
protection and realisation of human rights law. They are in a strong position
to promote international human rights standards to implement their shared human
rights obligations. They may interpret and apply human rights when holding the
executive to account and in the laws, they make. In addition, national parliaments’
representative function has an important role in helping to shape views towards
human rights. Therefore, they should be seen as a key institutional element of
domestic human rights systems. However, they are well placed to evaluate the
needs for implementation in their systems; national systems usually lack
sufficient and effective engagement of their parliaments in practice. On the
other hand, international human rights mechanisms have historically neglected
national parliaments’ role in realisation and safeguarding of human rights. Nevertheless,
there is a global trend and understanding on the importance of national
parliaments in the subject in recent years. Especially in the Council of Europe
system, their role has started to become the subject of serious consideration. It
is clear that there are various challenges but also opportunities to involve
national parliaments in the process and make legislation organ more effective.

Kaynakça

  • Background Paper on the Role of Parliaments in the Realisation and Protection of the Rule of Law and Human Rights, including the Contribution of Parliaments to the Work of the Human Rights Council and its Universal Periodic Review.
  • BEMELMANS-VIDEC, Marie-Louise, “The Effectiveness of the European Convention on Human Rights at National Level: The Parliamentary Dimension”, in Reforming the European Convention on Human Rights: A Work in Progress, Council of Europe Publishing, April 2019.
  • Brighton Declaration (2012), adopted at the High Level Conference on the Future of the European Court of Human Rights.
  • Brussels Declaration (2015), adopted at the High-level Conference on the Implementation of the European Convention on Human Rights, our shared responsibility.
  • CHANG, Brian, Global developments in the role of parliaments in the protection and promotion of human rights and the rule of law: An Emerging Consensus, Arts and Humanities Research Council.
  • CHANG, Brian; RAMSHAW, Graeme, Strengthening Parliamentary Capacity fort he Protection and Realisation of Human Rights-Synthesis Report, Westminister Foundation for Democracy.
  • DONALD, Alice, The role of parliaments in implementing ECHR standards: overview of existing structures and mechanisms, Parliamentary Assembly of the Council of Europe, Strasbourg, 2014.
  • DONALD, Alice; BYCHAWSKA-SINIARSKA, Dominika, Parliaments and the European Court of Human Rights, Parliamentary Assembly of the Council of Europe, Senate, Warsaw, 12 May 2015.
  • DRZEMCZEWSKI, Andrew, “The Parliamentary Assembly’s Involvement in the Supervision of the Judgments of the Strasbourg Court”, Netherlands Quarterly of Human Rights, Vol. 28/2, 2010.
  • DRZEMCZEWSKI, Andrew; GAUGHAN, James, “Implementing Strasbourg Court Judgments: The Parliamentary Dimension”, in Wolfgang Benedek et al (ed), European Yearbook on Human Rights, Antwerp, European Academy Press, 2010.
  • Effective Implementation of the European Court of Human Rights: The Interlaken Process (2010), Parliamentary Assembly of the Council of Europe, Resolution 1726 (2010).
  • Ensuring the viability of the Strasbourg Court: structural deficiencies in States Parties (2013), Parliamentary Assembly of the Council of Europe, Resolution 1914 (2013).
  • FELDMAN, David, “Can and Should Parliament Protect Human Rights?”, European Public Law, Volume 10, Issue 4, 2004.
  • HUNT, Murray, “Enhancing Parliaments’ Role in the Protection and Realisation of Human Rights”, in Murray Hunt; Hayley Hooper, Paul Yowell (ed), Parliaments and Human Rights, OUP, 2015.
  • Implementation of judgments of the European Court of Human Rights (2006), Parliamentary Assembly of the Council of Europe, Resolution 1516 (2006).
  • Implementation of judgments of the European Court of Human Rights (2011), Parliamentary Assembly of the Council of Europe, Resolution 1787 (2011).
  • LEACH, Philip, Responding to Systematic Human Rights Violations: An Analysis of Pilot Judgements of the European Court of Human Rights and Their Impact at National Level, Antwerp: Intersentia, 2010.
  • National Democratic Institute for International Affairs, Parliamentary Human Rights Committees, A Rule of Law Series Paper, 2005.
  • National parliaments: guarantors of human rights in Europe (2011), Parliamentary Assembly of the Council of Europe, Resolution 1823 (2011).
  • Open Society Justice Initiative, From Rights to Remedies: Structures and Strategies for Implementing International Human Rights Decisions, Open Society Foundations, 2013.
  • Report of the Committee on Legal Affairs and Human Rights, Implementation of Judgments of the European Court of Human Rights, Rapporteur: Mr Christos Pourgourides, Parliamentary Assembly of the Council of Europe, 31 August 2009.
  • Report of the Committee on Legal Affairs and Human Rights, National parliaments: Guarantors of Human Rights in Europe, Rapporteur: Mr Christos Pourgourides, Parliamentary Assembly of the Council of Europe, 6 June 2011.
  • Report of the Committee on Legal Affairs and Human Rights, Ensuring the viability of the Strasbourg Court: structural deficiencies in States Parties, Rapporteur: Mr Serhii Kivalov, Parliamentary Assembly of the Council of Europe, 7 January 2013.
  • Report of the Committee on Legal Affairs and Human Rights, The implementation of judgments of the European Court of Human Rights, Rapporteur: Mr Pierre-Yves Le Borgn, Parliamentary Assembly of the Council of Europe, 12 June 2017.
  • The implementation of judgments of the European Court of Human Rights (2017), Parliamentary Assembly of the Council of Europe, Resolution 2178 (2017).
Toplam 25 adet kaynakça vardır.

Ayrıntılar

Birincil Dil Türkçe
Konular Hukuk
Bölüm Araştırma Makaleleri
Yazarlar

Evren Elverdi

Yayımlanma Tarihi 31 Ekim 2019
Gönderilme Tarihi 2 Ekim 2019
Yayımlandığı Sayı Yıl 2019 Sayı: 40

Kaynak Göster

APA Elverdi, E. (2019). NATIONAL PARLIAMENTS, HUMAN RIGHTS AND COUNCIL OF EUROPE SYSTEM. Yasama Dergisi(40), 79-99.