The impact of foreign nationals on state policy: refugees and asylum seekers, European Court of Human Rights case law and Turkish asylum law

Abstract

This thesis addresses the question of how an individual who is foreign and in a vulnerable position can affect state policy. Considering recent developments as preparation of a draft asylum law and increasing European Court of Human Rights judgments in refugees' cases against Turkey, this question attracts attention in context of Turkey. In line with this question, the aim of this thesis is to understand how an individual refugee, who is part of the most vulnerable group in the society in economic, political or social terms, can have impact on Turkish state asylum policy. This thesis is based on the central argument that ECtHR judgments have been effective in shaping the draft asylum law of Turkey. Since ECtHR procedures proceed through individual petition, the thesis also argues that even an individual refugee can have influence on state policy even if this effect is mediated by other actors. At this point, involvement of third parties into relation between individual refugee and state is of utmost significance. Moreover, ECtHR’s inclusion of individuals by virtue of right to individual petition is crucial as well. However, refugees' lack of action capacity restrains them from exploiting those legal opportunities. From this perspective; NGOs, activists, and lawyers come to front as mediators not only between state and individual but also between ECtHR and applicant refugee. Focus on ECtHR judgments as significant effects on draft asylum law brings about questioning refugees* access to the Court. Therefore, this thesis analyzes both the content of the draft law in comparison with judgments of the Court and the actual application process. Accordingly, major contribution of the thesis is analysis of Court judgments’ effect on domestic legislation from the lenses of individual level of analysis. In other words, ECtHR judgments' effect is analyzed as a mediated effect of individual on state outcome.