HUK372

School of Law \ Law

3

4

Elective

English

-

Law Bachelor

This course aims to provide a general legal framework in regard to refugee law through the human rights perspective of international protection including the procedure and rights therein. The course will firstly focus on the fundamental concepts and principles of international refugee law and relevant human rights law, once the emergence of the refugeehood in the sociological and historical context and the reflections of the said view on legal sources including the case law of European Court of Human Rights are demonstrated. The course will further deal with the refugee protection from the same perspective in Turkish foreigners law including the procedure for international protection and temporary protection. The legal aspects of contemporary issues in relation to the subject of the course will also be part of the context.

ÖZTÜRK, N.Ö.: Reflections of the past, expectations for the future: a legal analysis on the development of asylum law in Turkey, Research and Policy on Turkey, 2017, vol. 2, issue 2; HATHAWAY, J.C. et al (eds.): Human Rights and Refugee Law, Human Rights Law Series Edward Elgar Publishing 2013.
COSTELLO, C.: The Human Rights of Migrants and Refugees in European Law, Oxford 2015.
CANTOR, D.: Reframing Relationships: Revisiting the Procedural Standards for Refugee Status Determination in Light of Recent Human Rights Treaty Body Jurisprudence, Refugee Survey Quarterly, Volume 34, Issue 1, March 2015, 79–106.

This course aims to draw the general framework of refugee law and to present the legal view of the refugee in this context from the perspective of human rights law. The course also aims to analyse and evaluate the relationship between human rights and refugee law in Turkish law.

1. Explains the relationship between human rights and refugee law
2. Applies the human rights perspective on the refugee status determination process.
3. Identifies human rights-related points of Turkish refugee law
4. Interprets Turkish legislation regarding international protection by using human rights principles
5. Has a command of the relevant articles of the ECHR.
6. Understands and interprets the relevant judgements of the ECtHR.

Week 1: Introduction to the course (syllabus) and Introduction to refugee protection
Week 2: Introduction to refugeehood and the responsibility to protect and Introduction to sources of refugee law
Week 3: Continuing from the second week and determination of protection statuses
Week 4: Situation of climate refugees and a general overview of rights attached to international protection statuses
Week 5: European Convention on Human Rights (ECHR), case law of European Court of Human Rights (ECtHR) and international protection
Week 6: Standards of 'risk' in terms of ECtHR decisions regarding non-refoulement principle.
Week 7: European Convention on Human Rights (ECHR), case law of European Court of Human Rights (ECtHR) and international protection
Week 8: European Convention on Human Rights (ECHR), case law of European Court of Human Rights (ECtHR) and international protection.
Week 9: Diplomatic assurances in regard to non-refoulement practice of ECtHR and Voluntary return v. Non Refoulement in the case law of ECtHR
Week 10: Introduction to Turkish law on international protection and temporary protection
Week 11: Significant contemporary issues in relation the cross-roads of refugee law and human rights law (discussion)
Week 12: Significant contemporary issues in relation the cross-roads of refugee law and human rights law.

• Mid-term 30 %
• Class-discussions and attendance 20 %
• Final 50 %