Tue, Apr 13

POL 309-800, International Law
SUNY Oswego | Spring 2021
Dr. Craig Warkentin

  • Ch. 8, Human Rights (406-437)

  • Describe and evaluate the European human rights system.
  • Explain and take/defend a position on Leyla Sahin v. Turkey.
  • Discuss states' human rights obligations when acting abroad.

  • travaux préparatoires (433)

Questions

P. 431

  1. What rights did Leyla Sahin complain were being violated by the University (a government institution) and thus by Turkey?
  2. Did the Court give sufficient weight to the fact that the events occurred in a university?
  3. Do you find the Court's opinion or the dissenting opinion more persuasive? Why?
  4. Why did the Court think that it had to give considerable deference (margin of appreciation ) to the Turkish Constitutional Court's decision on the issue?
  5. Do you agree with the Dissent's statement: "[E]veryone agrees on the need to prevent radical Islamism…"? Would such a view infringe the right to religious freedom for those who believe in radical Islamism? Is there a distinction between Islam and Islamism?

P. 436

  1. The Court asserts that jurisdiction, for purposes of article 1 of the Convention, extends to any situation where a state exercises control over an individual. How much control should be required? What if the Spanish border police had fired tear gas to deter migrants from attempting to scale the fences? Would this be sufficient?
  2. Migration remains a politically sensitive issue, particularly in Europe. In December 2018, a number of European states failed to endorse the Global Compact for Safe, Orderly, and Regular Migration, in part because it was seen as promoting migration. To what extent do you think this sensitivity will influence the judgment of the Grand Chamber? Should it?

Resources