Avrupa İnsan Hakları Mahkemesi içtihadı ışığında sanatsal ifade özgürlüğü

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Thesis Type: Postgraduate

Institution Of The Thesis: Galatasaray Üniversitesi, Hukuk Fakültesi, Kamu Hukuku, Turkey

Approval Date: 2017

Thesis Language: Turkish

Student: ATAGÜN MERT KEJANLIOĞLU

Supervisor: DEMİRHAN BURAK ÇELİK

Open Archive Collection: AVESIS Open Access Collection

Abstract:

Freedom of artistic expression is protected under Article 10 of European Convention on Human Rights according to the European Court of Human Rights' case law. This is one of the main reasons why there are very few studies on this issue. Besides, it is difficult to determine the contours of this freedom as there is no consensus on art's definition. In this vein, several definitions proposed to define what art is, and reasons for legally protecting art will be analyzed in order to establish whether the Court's approach is compatible with the qualities of art. Moreover, scope of this right, restrictions imposed to this freedom and the compatibility of the Court's approach with modus operandi of art will be studied with reference to the Court's margin of appreciation doctrine.