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The role of the European court of human rights in changing gender norms in Turkey: the case of women’s maiden names
University West, School of Business, Economics and IT, Divison of Law, Economics, Statistics and Politics.ORCID iD: 0000-0002-2074-8396
2019 (English)In: Turkish Studies, ISSN 1468-3849, E-ISSN 1743-9663Article in journal (Refereed) Epub ahead of print
Abstract [en]

The diffusion of international human rights norms through the enforcement of international human rights law by courts has been explored by both scholars of international relations and international law. Turkey, which has been a state party to most international human rights treaties despite being a major violator of human rights, is the case in this paper. It examines norm diffusion in the area of women’s rights through court action in a patriarchal culture protected and represented by a deeply patriarchal state and judiciary. By looking at the legal processes, domestic and international, through which the issue of the right of Turkish women to keep their maiden names after marriage has gone, this paper argues that norm diffusion through court action can be triggered even in difficult cases such as changing gendered norms and describes the conditions and mechanisms that make these changes more likely.

Place, publisher, year, edition, pages
2019.
Keywords [en]
European court of human rights; gender norms; norm diffusion; women’s rights; Turkey; courts
National Category
Law and Society
Research subject
SOCIAL SCIENCE, Political science
Identifiers
URN: urn:nbn:se:hv:diva-14593DOI: 10.1080/14683849.2019.1665466ISI: 000486730900001Scopus ID: 2-s2.0-85073814390OAI: oai:DiVA.org:hv-14593DiVA, id: diva2:1361516
Available from: 2019-10-16 Created: 2019-10-16 Last updated: 2019-11-05Bibliographically approved

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