Fundamental Rights and Freedoms

A form of government that does not recognise and guarantee human rights in its legal texts cannot be described as democratic. The function of the state, the political organisation of the society formed of individuals, is to establish a public order wherein the individuals are able to use their rights. Fundamental rights and freedoms should be approached with an understanding according to which “freedoms are of the essence, restrictions the exception”.

In spite of the progress made in the field of human rights, certain problems continue to exist both in the legislation and in practice. Arrangements should be made in the legislation and in the institutional structuring which strengthen personal immunity, freedom and security. Constitutional and legal amendments enabling the arrangement of freedom of thought, which has a very close relation to the functioning of democracy, according to universal standards should be made. Progress also needs to be made in such fields as the freedom of press, collective rights and cultural rights. Strict attention should be paid to the issues of torture, ill treatment and investigations on the excesses of the law enforcement forces as well as the punishment of the perpetrators and a repetition of such acts of violation should be prevented.

It is necessary for the officers in the judiciary and administrative bodies to internalise the legislation that has been amended. The good practice of the new legislative provisions is just as important as the making of the legislations. When it comes to securing human rights; a most important task falls to the judiciary in terms of the laws being interpreted in the framework of the decisions taken by the supranational law and supranational judiciary organs.