Table of Contents

List of Abbreviations, Acknowledgements, Introduction, 1 The Ottoman Empire and Minorities, 2 Transition to the Turkish Nation-State, 3 Management of Diversity in the Turkish Nation-State, 1923–60, 4 The Myth of the Civic State and Turkish Ethnie in Law, 5 Nation and Minority in the Jurisprudence of the Turkish Constitutional Court, 6 ‘The right to equal concern and respect’: Equality, Anti-Discrimination and Anti-Racism Laws in Turkey, Conclusion, List of Cases and Laws, Bibliography, Index

About the Author

Dr Derya Bayır is a legal consultant specializing in international human rights and minority rights, criminal law, and the Turkish legal system.

Reviews

Bayir’s work presents an enlightening and detailed analysis of the evolution of the Turkish legal system’s posture toward minorities from its foundation in ideals expressed in the Ottoman Empire to the progression of the Turkish Republic.' NETSOL (New Trends in Social and Liberal Sciences), Vol I, Issue 1, 2016, pp 47-54`Bayir offers us an immensely thorough, provocative book, which will surely be a resource to all scholars of the project of Turkish modernity and its discontents.’ International Journal of Tukish Studies, Vol. 20, No. 1/2, January 1, 2014`Bayır’s study must be celebrated as unprecedented and an enrichment of legal literature… [her] experience as an attorney who litigated landmark cases before the ECtHR is transmitted in many aspects throughout the whole reading. Her attention toward detail is most apparent by the vast quantity of sources used in this study. At many times her arguments are not merely supported by codes and case law, but include parliamentary discussions and explanatory notes as well. This attribute makes the reading at times breath-taking and astonishing, at times shocking and provocative. The extent of legal scrutiny of this subject remains unprecedented. Hopefully, future policymakers will analyze with due diligence Derya Bayır’s Minorities and Nationalism in Turkish Law.’Kurdish Studies, Vol 2, No 1 (2014)’If you too want to get an amazing and detailed insight into the history of minorities in Turkey from a legal perspective and the current state of affairs, I strongly recommend this book’. Kurdishmatters 'This book is a significant contribution to our understanding of mentalities and contexts, events and processes that have informed the Turkish Republic in its management of internal complexities. It makes Turkish law more accessible to a wider public and implicitly outlines better, more human rights-friendly options for a management process that would prospectively enhance the reputation of the Turkish state.' Patrick Thornberry, Keele University, UK 'This book makes an important contribution to our understanding of how the Turkish Republic manages diversity as well as the treatment of ethnic and religious minorities in the Turkish legal system.' Maleiha Malik, University of London, UK ’This timely book examines the ways laws and the judiciary have discriminated against minorities in modern Turkey. It documents skilfully how nationalist, unitary policies of the state have been and continue to be supported by legislation and the courts.’ Åževket Pamuk, London School of Economics and Political Science, UK ’A comprehensive yet nuanced discussion of the cunning use of law at the expense of minorities in Turkey - gruesome story, riveting reading ...’ Umut Ozkirimli, Lund University, Sweden 'Overall, this book provides an insightful, comprehensive and nuanced analysis of minorities and nationalism in Turkey. Its comprehensive content and richness of sources significantly inform the readers on minorities, minority rights, nationalism and most importantly the legal framework on minority rights in Turkey...the book is highly recommended... ' Changing Turkey in a Changing World

`Bayir’s work presents an enlightening and detailed analysis of the evolution of the Turkish legal system’s posture toward minorities from its foundation in ideals expressed in the Ottoman Empire to the progression of the Turkish Republic.' NETSOL (New Trends in Social and Liberal Sciences), Vol I, Issue 1, 2016, pp 47-54`Bayir offers us an immensely thorough, provocative book, which will surely be a resource to all scholars of the project of Turkish modernity and its discontents.’ International Journal of Tukish Studies, Vol. 20, No. 1/2, January 1, 2014`Bayır’s study must be celebrated as unprecedented and an enrichment of legal literature… [her] experience as an attorney who litigated landmark cases before the ECtHR is transmitted in many aspects throughout the whole reading. Her attention toward detail is most apparent by the vast quantity of sources used in this study. At many times her arguments are not merely supported by codes and case law, but include parliamentary discussions and explanatory notes as well. This attribute makes the reading at times breath-taking and astonishing, at times shocking and provocative. The extent of legal scrutiny of this subject remains unprecedented. Hopefully, future policymakers will analyze with due diligence Derya Bayır’s Minorities and Nationalism in Turkish Law.’Kurdish Studies, Vol 2, No 1 (2014)`Bayir offers us an immensely thorough, provocative book, which will surely be a resource to all scholars of the project of Turkish modernity and its discontents.’ International Journal of Tukish Studies, Vol. 20, No. 1/2, January 1, 2014`Bayır’s study must be celebrated as unprecedented and an enrichment of legal literature… [her] experience as an attorney who litigated landmark cases before the ECtHR is transmitted in many aspects throughout the whole reading. Her attention toward detail is most apparent by the vast quantity of sources used in this study. At many times her arguments are not merely supported by codes and case law, but include parliamentary discussions and explanatory notes as well. This attribute makes the reading at times breath-taking and astonishing, at times shocking and provocative. The extent of legal scrutiny of this subject remains unprecedented. Hopefully, future policymakers will analyze with due diligence Derya Bayır’s Minorities and Nationalism in Turkish Law.’Kurdish Studies, Vol 2, No 1 (2014)’If you too want to get an amazing and detailed insight into the history of minorities in Turkey from a legal perspective and the current state of affairs, I strongly recommend this book’. Kurdishmatters 'This book is a significant contribution to our understanding of mentalities and contexts, events and processes that have informed the Turkish Republic in its management of internal complexities. It makes Turkish law more accessible to a wider public and implicitly outlines better, more human rights-friendly options for a management process that would prospectively enhance the reputation of the Turkish state.' Patrick Thornberry, Keele University, UK 'This book makes an important contribution to our understanding of how the Turkish Republic manages diversity as well as the treatment of ethnic and religious minorities in the Turkish legal system.' Maleiha Malik, University of London, UK ’This timely book examines the ways laws and the judiciary have discriminated against minorities in modern Turkey. It documents skilfully how nationalist, unitary policies of the state have been and continue to be supported by legislation and the courts.’ Åževket Pamuk, London School of Economics and Political Science, UK ’A comprehensive yet nuanced discussion of the cunning use of law at the expense of minorities in Turkey - gruesome story, riveting reading ...’ Umut Ozkirimli, Lund University, Sweden 'Overall, this book provides an insightful, comprehensive and nuanced analysis of minorities and nationalism in Turkey. Its comprehensive content and richness of sources significantly inform the readers on minorities, minority rights, nationalism and most importantly the legal framework on minority rights in Turkey...the book is highly recommended... ' Changing Turkey in a Changing World