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Case Studies from the European Court of Human Rights JUDICIALIZATION AND IMPLEMENTATION OF RELIGIOUS MINORITY RIGHTS IN TURKEY: CASE STUDIES FROM THE EUROPEAN COURT OF HUMAN RIGHTS A Thesis Submitted to the College of Graduate and Postdoctoral Studies In Partial Fulfillment of the Requirements For the Degree of Doctor of Philosophy In the Johnson Shoyama Graduate School of Public Policy University of Saskatchewan Saskatoon By ALLISON S. BLOCK Ó Copyright Allison S. Block, August 2018. All rights reserved. PERMISSION TO USE In presenting this thesis/dissertation in partial fulfillment of the requirements for a Postgraduate degree from the University of Saskatchewan, I agree that the Libraries of this University may make it freely available for inspection. I further agree that permission for copying of this thesis/dissertation in any manner, in whole or in part, for scholarly purposes may be granted by the professor or professors who supervised my thesis/dissertation work or, in their absence, by the Head of the Department or the Dean of the College in which my thesis work was done. It is understood that any copying or publication or use of this thesis/dissertation or parts thereof for financial gain shall not be allowed without my written permission. It is also understood that due recognition shall be given to me and to the University of Saskatchewan in any scholarly use which may be made of any material in my thesis/dissertation. Requests for permission to copy or to make other uses of materials in this thesis/dissertation in whole or part should be addressed to: Dr. Murray Fulton Director of the Johnson Shoyama Graduate School of Public Policy, University of Saskatchewan Campus Diefenbaker Building, 141-101 Diefenbaker Place University of Saskatchewan Saskatoon, Saskatchewan S7N 5B8 Canada OR Dean College of Graduate and Postdoctoral Studies University of Saskatchewan 116 Thorvaldson Building, 110 Science Place Saskatoon, Saskatchewan, S7N 5C9 Canada i DISCLAIMER Any reference in this thesis/dissertation to any specific commercial products, process, or service by trade name, trademark, manufacturer, or otherwise, does not constitute or imply its endorsement, recommendation, or favoring by the University of Saskatchewan. The views and opinions of the author expressed herein do not state or reflect those of the University of Saskatchewan, and shall not be used for advertising or product endorsement purposes. ii Abstract The role of courts in shaping public policy has undoubtedly increased over at least the last two decades. Several factors have contributed to this trend, including the rise of democracy around the globe as previously authoritarian regimes open up and shift toward rule of law and democratic processes. Individuals and groups that have found themselves in a position to be discriminated against by the government and/or society, often due to their religious, ethnic, or cultural identity, have more frequently begun to take their grievances to domestic and international courts, as opposed to trying to grapple with solutions in the political realm. This process is known as judicialization. While this trend of applying to international courts is on the rise by individuals and groups, the question arises about the efficiency and effectiveness of judicial processes in achieving hoped-for rights recognition. This is a reflection of state responses (specifically, implementation, execution, or compliance) to obligations as high contracting parties to such international human rights tribunals. This study examines 19 adverse judgments against Turkey in the European Court of Human Rights (1996-2016) that were brought forward by applicants that do not adhere to the majority religious identity in Turkey (Hanefi Sunni) to better understand what institutional factors have caused these cases to emerge and the elements that have helped or hindered full implementation in the post-judgment stage. This examination demonstrates that identity construction, both self-produced and externally imposed, is inextricably linked to the formation of domestic policies towards non- majoritarian religious groups in Turkey. Furthermore, it argues that institutional configuration iii and path dependence have interfered with comprehensive changes towards a pluralistic and just domestic human rights regime, as envisioned and mandated by the Council of Europe. iv Acknowledgments This work was made possible by the very generous support of the Johnson Shoyama Graduate School of Public Policy’s Full Academic Scholarship Award and additional research and travel funding; the University of Saskatchewan’s Graduate Travel Award; and funding from Dr. Daniel Béland’s Canada Research Chair. For this very generous financial support, I am grateful. Throughout the process of defending two research proposals; waiting for approval for travel to Turkey (which was never approved); attempting to re-establish contact with previously- agreed upon interviewees (who eventually backed down); and ultimately deciding upon last- minute travel to Strasbourg to conduct research, my supervisor, Dr. Daniel Béland has laughed with me, bringing levity to situations that were rarely amusing. Dr. Béland has been a constant source of wisdom, insight, and encouragement. I consider myself incredibly fortunate to be under the supervision of such a well-respected and talented scholar. I am also sincerely grateful to each of my committee members: Dr. Dwight Newman, Dr. Nilgün Önder, Dr. Peggy Schmeiser, and Dr. Yüksel Sezgin; and my external reviewer, Dr. Courtney Hillebrecht. Their contributions from each of their areas of expertise have been invaluable in supporting and directing this research project. Additionally, I am grateful to have been surrounded by an awesome cohort of incredibly talented women that never backed down as cheerleaders to each of our individual and collective successes. Finally, this work would have never been possible without the support of my close friends and family—my parents, Doug and Stephanie Block, fall unquestionably at the top of that list. Throughout my life, they have provided for me with infinite and immeasurable financial and emotional support and encouragement. They have reassured me in my times of discouragement, v shown me the sunshine when the days seem dark, given me a laugh when smiling seemed impossible, and stood proudly at my side in my successes. They taught me through example what it means to be a compassionate, empathetic, generous, joyful, and grateful human in this world. I truly won the lottery of parents, and for that reason, I dedicate this work to them. vi Table of Contents PERMISSION TO USE .................................................................................................................. i DISCLAIMER ............................................................................................................................... ii Abstract ......................................................................................................................................... iii Acknowledgments ........................................................................................................................... v List of Acronyms .......................................................................................................................... xii CHAPTER 1: Introduction ............................................................................................................ 1 1.1 International Courts and Religious Minorities in Turkey ............................................................. 3 1.2 Research Questions and Theoretical Basis ..................................................................................... 6 CHAPTER 2. Literature Review .................................................................................................. 11 2.1 What Is Identity? ............................................................................................................................. 12 2.1.1 Essentialist vs. Socially Constructed Identity ............................................................................................ 13 2.1.2 Individual and Group Identity in Politics ................................................................................................... 15 2.1.3 Identity Politics and Rights Recognition ................................................................................................... 16 2.1.4 National and Religious Identities ............................................................................................................... 18 2.2 Institutionalism ................................................................................................................................ 23 2.3 Patterns and Mechanisms of Institutional Change ...................................................................... 27 2.4 Judicialization .................................................................................................................................. 31 2.4.1 What Is Judicialization? ............................................................................................................................. 31 vii 2.4.2 How Does Judicialization Occur? .............................................................................................................. 34 2.4.3 International Judicialization and Transnational Courts ............................................................................. 38 2.5 Implementation and Compliance in the European Court of Human Rights ............................
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