Scopus İndeksli Yayınlar Koleksiyonu / Scopus Indexed Publications Collection

Permanent URI for this collectionhttps://hdl.handle.net/20.500.14365/3

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Now showing 1 - 11 of 11

Citation - WoS: 2
Citation - Scopus: 6
Child Brides or Child Labor in a Worst Form
(Brill Academic Publishers, 2019) Şişli, Zeynep; Limoncelli, S.A.
In this article, we argue that the early and/or forced marriage of girls under 18 should be understood, in part, as an exploitive form of child labor. We describe the types and conditions of labor that are commonly experienced by child brides and we examine the strengths and weaknesses of current international laws to adequately address the issue. We also argue that the problem of child brides should be addressed by the International Labour Organization (ILO) as one of the worst forms of child labor. Finally, we suggest the ILO Convention No. 182 (known as the Worst Forms of Child Labour Convention) as a legal mechanism. The convention offers one possible way to help to raise awareness in families and across societies about the harms of child marriage and provide for criminal and civil sanctions as tools to combat it. © 2019 Immanuel Ness and Wiley Periodicals, Inc.
A Debate on Human Dignity, Embryo and Embryonic Stem Cell Researches
(Univ Bophuthatswana, 2017) Sayar Kanyış, Tansu
The claim that human embryos have human dignity has been widely discussed, with reference to international regulations, which combine bioethics, human dignity, and practices on the human genome, embryo and fetus. It is claimed that the concept of human dignity, which is used for evaluating the compliance of actions and research with ethical norms, is used to protect the human dignity of human embryos. In this article, Kuquradi's understanding of human dignity, according to which human dignity is related to the actor, not related to the victim is applied to the debates on the human dignity of human embryos. According to this approach, it is not useful to discuss whether or not the human embryo possesses human dignity in the context of discussions on the ethics of the applications and researches on human embryos. Because human embryo would be the victim of any application or research done to it, and as human dignity is not related to the victim, it is meaningless to discuss whether human embryos have human dignity. Besides, the view that a human embryo does not possess an equal legal status to human beings is widely accepted by states in their domestic regulations on embryonic stem cell research. Moreover, international regulations do not recognize the existence of the human dignity of the human embryo and do not consider to protect it. Human dignity is related to the actor, not related to the victim. This infers that, although the human embryo does not possess human dignity, we - as human beings who have dignity-have the responsibility to behave towards the embryo in accordance with human dignity. So the restrictions that international regulations have put on for the applications and researches on human embryo remain necessary.
Citation - WoS: 2
Citation - Scopus: 2
East Nordic Model of Pre-Enactment Constitutional Review: Comparative Evidence From Finland and Sweden
(Kluwer Law Int, 2020-06-01) Yolcu, Serkan
For the last three decades, legal scholarship on the judicial review of legislation has dominated comparative constitutional studies. Moreover, one of the emerging interests in comparative constitutional law is pre-enactment (ex ante) control of constitutionality. Historically, legal thinking in the US has advanced judicial review, while British tradition has prioritized parliamentary sovereignty, in which parliament, not courts, is the ultimate decision maker related to constitutional disputes. The current scholarship, nevertheless, argues that a particular constitutional model has emerged in a number of Commonwealth countries in which courts and legislatures are not considered alternative to each other, contrary to the traditional paradigms that prioritize either courts or legislatures. One of the defining features of this model is the pre-enactment constitutional review of proposed legislation. In some of those countries, pre-enactment review of legislation is available only in the form of executive responsibility, while the legislature has a key role in the remaining countries, in addition to the commitment of the executive. This article investigates whether similar pre-enactment constitutional review mechanisms exist elsewhere. For this purpose, it will examine East Nordic constitutional practice and ask whether there is a particular type of pre-enactment constitutional review in Finland and Sweden. The function to review constitutionality of proposed legislation belongs to non-judicial mechanisms in both Finland and Sweden. However, pre-enactment constitutional review mechanisms in. these two polities are hardly considered in comparative constitutional law. This article aims to fill this gap by drawing comparative scholars' attention to the East Nordic constitutionalism.
Citation - WoS: 1
Citation - Scopus: 2
From an Illiberal Posture To an Anti-Liberal Other: the Changing Composition and Jurisprudence of the Turkish Constitutional Court
(Kluwer Law Int, 2022-05-01) Bahceci, Baris; Yolcu, Serkan
This article reveals the change in the Turkish Constitutional Court's (TCC/Court) jurispru-dence due to the transformation in its structure. We develop our arguments on the assumption that the Court's ideological attitude is determined according to interaction with political actors and argue that from 1980 onwards, two facts were determinant: (1) the role of the constitutional amendment in 2010 in relation to court-packing aim and (2) the role of President of Turkish Republic due to his appointment power. To this end, we examine the changing ideological line of the TCC by focusing on selected rulings delivered during Court's two eras divided by 2010 constitutional amendments. We argue that the TCC dramatically changed direction from liberal towards anti-liberal line in its decisions and structure. Before 2010, members who did not act in line with the president who appointed them and did not have a sharp ideological stance were encountered. This situation was reflected in the voting behaviour of the members and brought ambivalent attitudes. After 2010, this situation was reversed and especially as of 2017, some members became loyal to the president, and it was seen that the court acted with a sharper division in critical decisions and transform into an anti-liberal stance in its jurisprudence.
Citation - WoS: 3
Citation - Scopus: 3
How Realistic Are Coal Phase-Out Timeline Targets for Turkey?
(MDPI, 2024-02-17) Uyanık, Sırrı; Döğerlioğlu Işıksungur, Özlem
Coal phase-out is considered to be critical to the success of energy transition for all countries. Yet, recent assessments indicate that energy security aspects may affect phase-out plans and/or commitments and jeopardize energy transition ambitions. This study aims to question to what extent coal phase-out targets for Turkiye are realistic. Although previous research has mainly focused on direct emission reduction targets and just transition aspects, we include a down-to-earth discussion of the potential challenges before coal phase-out. The interaction between phasing-out coal power generation and energy security aspects is also analyzed. To understand the coal phase-out timeline targets, its limitations, and constraints within the framework of future power projections, a supply-demand model with different scenarios was developed. In addition, energy storage was also discussed as an option. Analysis revealed that energy storage, in the short- and medium-term, may not be the panacea, as it may not be deployed in the scale to substitute the energy security that coal provided. Moreover, our findings indicate that phasing-out is not as simple as assumed. A target timeline is certainly not realistic considering the energy security aspect and challenges. On the other hand, economically nonviable and technically nonavailable coal-fired power plants in the power system may retire gradually (as a natural phase-out process). This may occur even without waiting for the target timeline, if there would ever officially be one.
Citation - Scopus: 1
Is There a Special Enforced Tax Collection Regime Under the Ecthr Case Law?
(Kluwer Law Int, 2021-01-01) Bahceci, Baris
This article examines the extent to which the European Court of Human Rights (ECtHR) takes into account the privileged nature of tax claims in enforced collection proceedings. Conducted within the framework of the right to property, the aim is to find a response to this question: Does the ECtHR case law allow for a special regime in enforced debt collection proceedings? A definitive answer to such a question requires a comparison between Court judgments on tax debts and non-tax debts. Under both the lawfulness and legitimate aims tests, no distinction appears between these two types of debt. On the other hand, under the proportionality test, the Court generally grants a wide margin of appreciation to States Parties. In this respect, two different dimensions are encountered, namely, the tax collector versus tax debtor and the tax collector versus other creditors. While the ECtHR does not allow differences between the collection regimes of non-tax debts in the former relationship, it appears that in the latter, the Court maintains the privileged status granted to the tax collector in domestic law. However, this privileged status is not unique to tax debts. Therefore, the article concludes that there is no special status for the tax debt enforcement regime under a comparison with non-tax debts.
Citation - Scopus: 2
Protecting Older Workers' Health in Legal Terms Comparatively European Eacquis in the Light of Ilo R162
(Gunes Kitabevi Ltd Sti, 2020-09-30) Sisli, Zeynep
Introduction: This article discusses the specific laws, regulations, and recommendations aimed at protecting older workers against occupational accidents and illnesses and whether they are properly regulated by Turkish legislation compared with the European Union acquis, in order to protect older workers against discrimination, and to make their working conditions more appropriate for their ages, in the light of International Labour Organization Recommendation No. 162. Materials and methods: This conceptual article was prepared by evaluating the legal framework for protection of the occupational health and safety of older Turkish workers, through a comparison of Turkish law, International Labour Organization Recommendation No. 162, and the European Union acquis, and consideration of the facts reported in the relevant literature, using the document analysis method. Results and Conclusion: Neither Turkish labour law nor European Union acquis include sufficient regulation to protect the health and safety of older workers at work. Older workers' health should be protected specifically by social law, without driving them to poverty. Changes in the regulation of working conditions that would be supported by the social security system have been proposed to protect the health of older workers as a specially protected group.
The Question of Interaction Between the Tax and Criminal Proceedings in the Ecthr Case-Law
(Kluwer Law Int, 2022-07-01) Bahceci, Baris; Celik, Demirhan Burak
This objective of this study is to analyse the definition and the application of the concept of sufficiently close in substance and in time by the European Court of Human Rights (ECtHR) in terms of tax penalties. The Court implements this concept in Article 4 of the Protocol Number 7 of the European Convention on Human Rights (ECHR) and intends to regulate the interaction between the two sets of (tax and criminal) procedures that deal with the penalization of the same matter. The progress of the case law is examined from the Glantz and Nykanen judgments in 2014 and the Kristjansson judgment in 2021. Two research questions are addressed: What is the connection in substance, and what is the connection in time? For the first question, the case law points out that the connection in substance requires the repetition in collection evidence. However, the boundaries of the relationship that should be established between the two sets of proceedings are uncertain and debatable. For the second question, the temporal connection has not yet been defined in case law, and its application overlaps with the scope of the right to a fair trial. Thus, it is seen that the boundaries in the both contexts need to be redrawn in order to eliminate the current ambivalence.
Citation - WoS: 5
Citation - Scopus: 3
Redefining the Concept of Penalty in the Case-Law of the European Court of Human Rights
(Kluwer Law Int, 2020-12-01) Bahceci, Baris
Since the European Court of Human Rights (Court/ECtHR) began to define an autonomous concept of penalty, its case law has been developing on the basis of the Engel criteria. This study aims to reveal the implementation of these criteria by the ECtHR and its consequences under the case law. Although the definition of penalty depends on the application of these criteria, the existence of a problem of consistency among them draws attention. As a matter of fact, one of the criteria, the nature of the sanction has undertaken a function to expand the Court's ratione materiae through an objective assessment. However, the other Engel criteria, nature of the offence and degree of severity of the sanction are open to criticism in terms of objectivity, as well as narrowing the limits of the concept of penalty and consequently restricting the Court's ratione materiae.
Citation - WoS: 2
Citation - Scopus: 3
The Role of Universities in the Promotion of Worker Protection: Ucla Labor Occupational Health and Safety Program as a Model for Countries With Developing Economies
(Routledge Journals, Taylor & Francis Ltd, 2018-11-03) Sisli, Zeynep
Protection of the workers' health in countries with developing economies is increasingly important because of the adverse effects of globalization, along with changing industrial relations, the rise of precarious work and outsourcing, and the decline in unionization. In this study, I examine whether the institutes created by universities might serve as an interface between workers, academia, and state agencies, and provide assistance for both improving workplace conditions and enforcing occupational health and safety rules. I describe the history of one such effort: The Labor Occupational Safety and Health Program (LOSH) at the University of California, Los Angeles (UCLA). Using a review of written sources along with participatory observation and interviews as methods, I found that the challenges faced by LOSH historically have important parallels in countries with developing economies today. Ultimately, university-based occupational health programs like LOSH need to be followed in other parts of the world and be supported by governments if the mission to reduce workplace injuries and diseases is going to be realized in the United States and in other countries.
Shifting Financial Privileges From Dynasty To Parliament in the Emergence of Modern Turkiye
(Istanbul University Press, 2023-09-27) Bahçeci, Barış
This study deals with the emergence of modern Turkey in the axis of the change in financial privileges. In this respect, the acts of the parliaments are analysed with a descriptive approach. While the parliament conducted the liquidation process of the Ottoman dynasty, it also created some new privileges for its members. This study examines this simultaneous process. The liquidation process started in 1908 with the establishment of a constitutional monarchy initiated by the Committee of Union and Progress (İttihat ve Terakki Cemiyeti). Only after 1920, a national assembly convened under a new leadership in Ankara continued the process and seized the assets of the dynasty, ended tax privileges, and cut their allowances in 1924. However, during the same period, parliament extended the financial status of its members with laws enacted even unconstitutionally. Despite that allowances of MPs were increased, and rules creating pension rights turned into a legislative behaviour that set an example for the following decades too. Moreover, parliament also established financial privileges by tolerating the economic activities of its members. Thus, financial privileges based on blood ties were replaced by another type of privileged status in parallel with the transfer of sovereignty. © The Author(s), 2023.

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