FREEDOM IN NATIONAL AND INTERNATIONAL SENSE

                    (Yalova)

 

   The rights and freedoms, that are declared with the Universal Declaration of Human Rights and that are currently present in all the modern Constitutions, are the products of an understanding accepting human as the highest value.All the humans, independent of where they are located in the world, or in whatever country, possess inalienable, un-transferable, indispensable, universal rights from birth as equal and free individuals without any distinction such as sex, race, religion, language or other status.

 

      According to the Article 12 of The Constitution of The Republic Of Turkey; “ Everyone possesses inherent fundamental rights and freedoms which are inviolable and inalienable.”

     “The fundamental rights and freedoms also comprise the duties and responsibilities of the individual to the society, his or her family, and other individuals.”

 

       Some of the fundamentals rights and freedoms such as; “Personal Inviolability, Material and Spiritual Entity of the Individual(Article 17), Privacy of Individual Life(Article 20), Inviolability of the Domicile(Article 21), Right and Duty of Training and Education(Article 42), Right to Vote, to be Elected and Engage in Political Activity(Article 67), Right of Petition(Article 74). are stated in national and international official documents related to human rights.

 

      The basic rights and freedoms have been regulated at the second part of our Constitution under the headings of general provisions on basic rights and freedoms, rights and duties of the individual , social and economic rights and duties, and political rights and duties.

 

      In our country, the movements related to human rights have been implemented step by step since 19th century such as;

 

      The Charter of Alliance of 1808 (1808 Sened-i İttifak)  which is the agreement that was signed between the central government and “ayan”(notables of the country) during the era of Sultan Mahmud II on 7 October 1808 and that restricted the Sultan’s exercise of power (Turkish Manga Carta).

 

      The Kanûn-ı Esâsî  was the first constitution of the Ottoman Empire. Meaning "basic law" in Ottoman Turkish, it was written by members of the Young Ottomans, particularly Ahmed Şefik Midhat Pasha, during the era of Sultan Abdülhamid II (1876–1909). The constitution was only in effect for two years, from 1876 to 1878 . The human rights and the independence of the courts were focused for the first time.

 

 The Hatt-i Sharif (Hatt-ı Şerif) of Gülhane (Noble Edict of the Rose Chamber-Tanzimat Fermanı) (1839)  and  The Second Constitutional Era (II. Meşrutiyet Devri) are the other official documents included the human rights in our past.

 

1921’s Constitution with 20th January 1921 constitutions thought of democracy was forensic and national sovereignty principle was adopted.1876’s constitutions which was changed in 1909 has some rights were guaranteed with 1921’s contitution.Acording to this;some rights like, cencorship of the press, secrecy of communication and freedom of meetings protected with 1921’s constitutions.During this constitution nobody opened the letters without the court decission.

 

1924’s Constitution preparing the 1924’s constitution,natural law principles,18th century clarification idea and 1789 French Human Civil Rights Declaration (Paris Charter) principles effects observed.Freedom is described to dispose of authority without injure other people.For freedom limit;Don’t interefere others freedom area was checlced.The rights and freedom are placed in the constitution drafting.Accept 1921’s constitution judical authority preparation in different section.According to this independence of the judiciary,guaranteed of the judiciary,clearest of judging and defence are predicted.1924’s constitution which has libertarian conception not said preparation of detailed of freedom.

 

In 1961’s Constitution,basic rights and freedom are placed at guaranteed statute Constitutional Court built to stop the political gocemment’s authority without limit and procet the freedom.1982’ Constitution protect the principles of basic rights and freedom but it makes detailed organizing for determination.

 

In some philosophers opinion,the human right’s wars started with “Manga Carta Libertatum” which was signed in 1215 in England.

In England,the second declaration was “Petition of  Rights” which was signed with King Charles 1 and Pairliament.In 1679 The Pairliament accepted “Hobeas Corpos Act”.

“Bill of Rights” was accepted in 1689 it apologized advantage of law.In 1701 “Act of Settlement” was accepted. “Virginia Rights Declaration”(12th June 1776) and “American Declaration of  Independence”(4th Jully 1776) which was prepared by Thomas Jefferson, adopted people have some rights with their birth and these rights are inalienable.

In 1789 French Human and Civil Rights Declaration gave way to hegemony of comminication idea.In 1919 League of Nations and in 1921 International Court of Justice started their performances.Untill the first World War people try to get their rights and freedom.After the second World War people try to cover human rights in international area.

The subject  of human rights became an international problem.For the first time in the world Roosevelt talk about this problem in his “Four Freedom Decleration”

The end of the second World War in 1945 fifty founder countries,one of them is Turkey,met.They declare United Nations in San Fransisco.Human Rights Commission built in 1946 Universal Declaretion of Human Rights was declareted 10th December 1948.This declaration was adopted in principle nearly all countiries in the world and this instructed the countries to prepare their constitutions.In Turkey this instructed 1961’s and 1982’s Constitutions preparing.

 

                                                                   YALOVA FATİH SULTAN MEHMET LİSESİ

 

 

 

 

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