Başak Çalı
Biographic Data
| ID | 3478810 |
|---|---|
| NAME | Başak Çalı |
| GIVEN NAMES | Başak |
| FAMILY NAME | Çalı |
| SIGNATURE | ÇALI B |
| AFFILIATIONS | University of Oxford |
| ORCID | 0000-0003-3422-200X |
| VERIFIED | Yes |
| TOTAL WORKS | 17 |
| TOTAL CITATIONS | 11 |
| WORKS AS AUTHOR | 17 |
| WORKS AS EDITOR | 0 |
| FIRST PUBLICATION YEAR | 2006 |
| LATEST PUBLICATION YEAR | 2026 |
| H-INDEX | 2 |
Frame analysis of European human rights
Framing climate remedies in European human rights law
Constitutional Judging under Pressure
Introducing the Special Issue on “Judging under Pressure,” this Article sets out three interlinked challenges facing constitutional courts, broadly understood: persisting inequalities, the climate crisis, and rising autocratization. The Articles in this Special Issue identify, analyze, and prescribe a set of judicial responses and strategies when judging under pressure. Some reimagine and recalibrate the role of judges, while others respond with …
Legitimate aims and ulterior purposes in human rights law
This article introduces the Human Rights Law Review Symposium on ‘Legitimate aims and Ulterior Purposes in Human Rights Law: Comparative Perspectives’. Aims and purposes are ubiquitous in human rights law: they articulate the goals that are permitted and the motivations that are prohibited when restricting human rights and freedoms. Notwithstanding this reality, which aims are (il)legitimate and why remains largely understudied in human rights sc…
The Travaux Préparatoires and Progressive Treaty Interpretation
Article 18 of the European Convention on Human Rights (ECHR) has become a central provision employed by the European Court of Human Rights in response to authoritarian practices in Europe over the last decade. Notwithstanding its increased use, important disagreements persist regarding the interpretation of the provision. Analysing the provision’s ordinary meaning, the convention’s travaux préparatoires as a whole and the interpretation of the pr…
A Tale of Disregard? Reception of the Jurisprudence of the United Nations Committee on the Rights of Persons with Disabilities before the European Court of Human Rights
The Convention on the Rights of Persons Disabilities (CRPD) was hailed as a transformative human rights treaty when it came into force in 2008. The CRPD not only promises the remediation of the under-protection of the rights of persons with disabilities in international human rights law, but it also aims to transform the deep and structural inequalities underpinning the governance of disability through law and policy. The Committee on the Rights …
Optimism in International Human Rights Law Scholarship
As a field of practice, international human rights law (IHRL) is in constant motion. The four books under review explore the legal, political, and civic dynamics that continuously shape and reshape this vibrant area of law. In this Essay, I underscore two important trends in contemporary IHRL scholarship that these books highlight. First, these works share a strong emphasis on agency , understood as human action that makes a difference in the wor…
Human Rights Ideas, Law, and Institutions in Europe
This chapter introduces the contribution of Europe to the development of human rights ideas, law, and institutions. In a spirit of ‘provincialising Europe’, it argues that Europe’s contributions to human rights are ambivalent and dynamic. The chapter first examines natural rights and rights of citizens as twin, but also potentially conflicting, developments in demarcating Europe’s contributions to human rights. Europe is historically a home of hu…
Does the Practice of the European Convention on Human Rights Fit the Practical Conception of Human Rights
This article investigates how the practice of European human rights, organised around the European Convention on Human Rights, can be brought into conversation with the practice conception of human rights advanced by Charles Beitz in the Idea of Human Rights. The article argues that this is a challenging task. Following Beitz’s construction of the human rights practice composed of (a) a global practice, (b) political discursive practice, (c) trig…
Affective partisan polarization and moral dilemmas during the Covid-19 pandemic
Recent scholarship on affective polarization documents partisan animosity in people's everyday lives. But does partisan dislike go so far as to deny fundamental rights? We study this question through a moral dilemma that gained notoriety during the COVID-19 pandemic: triage decisions on the allocation of intensive medical care. Using a conjoint experiment in five countries we analyze the influence of patients’ partisanship next to commonly discus…
Prioritization preferences for Covid-19 vaccination are consistent across five countries
Vaccination against COVID-19 is making progress globally, but vaccine doses remain a rare commodity in many parts of the world. New virus variants require vaccines to be updated, hampering the availability of effective vaccines. Policymakers have defined criteria to regulate who gets priority access to the vaccination, such as age, health complications, or those who hold system-relevant jobs. But how does the public think about vaccine allocation…
Hard Protection through Soft Courts? Non-Refoulement before the United Nations Treaty Bodies
This Article comparatively analyses how the prohibition of refoulement is interpreted by United Nations Treaty Bodies (UNTBs) in their individual decision-making, where we suggest they act as “soft courts.” It asks whether UNTBs break ranks with or follow the interpretations of non-refoulement of the European Court of Human Rights. This investigation is warranted because non-refoulement is the single most salient issue that has attracted individu…
Towards a common institutional trajectory? Individual complaints before UN treaty bodies during their ‘Booming’ years
The expanding number of UN treaty bodies with competence to rule on individual complaints as well as the increasing amount of complaints lodged before these bodies trigger the question whether they are capable of acting as a unified institution when dealing with individual complaints or whether they remain as a fragmented institutional site. In this article, we comparatively analyse the case law of all treaty bodies between 2013 and 2016 with the…
Foxes Guarding the Foxes? The Peer Review of Human Rights Judgments by the Committee of Ministers of the Council of Europe
This article investigates the reliability of the peer review of human rights judgments by the Committee of Ministers of the Council of Europe. It argues that, even if composed of politically motivated actors, the Committee is not to be dismissed too cursorily as a deficient and unreliable system of compliance monitoring. Evidence shows that formal and informal institutional constraints, in particular the presence of a strong Secretariat, constrai…
On Interpretivism and International Law
This article argues for the relevance of interpretivism within theoretical and normative debates about international law. To do this, the article carries out two tasks. First, it draws out the central features of interpretivism that make it a theoretically distinct contribution to understanding the nature and theory of law. Secondly, it identifies four important objections, two external and two internal, to the relevance of interpretivism to inte…
Kosovo Revisited
The asserted doctrine of unilateral humanitarian intervention has given rise to considerable debate in international law. This article revisits the use of force in Kosovo to critically appraise this debate. The arguments for and against the doctrine are schematically compared and contrasted. Their differences are methodological, but underlying factors are relevant. These may include a conflict of values (notably, sovereignty versus human rights),…
On Legal Cosmopolitanism
Ian Balfour and Eduardo Cadava (eds.) And Justice for All?: The Claims of Human Rights , Durham, NC, Duke University Press, 2004, ISBN 0822365642, 440 pp., $20.00 (pb). Roger Brownsword (ed.), Global Governance and the Quest for Justice, Volume 4: Human Rights , Oxford: Hart Publishing, 2005, ISBN 1841134090, 225 pp., £22.95 (pb). Simon Caney, Justice beyond Borders: A Global Political Theory , Oxford, Oxford University Press, 2005, ISBN 01982935…
Affective partisan polarization and moral dilemmas during the Covid-19 pandemic
Recent scholarship on affective polarization documents partisan animosity in people's everyday lives. But does partisan dislike go so far as to deny fundamental rights? We study this question through a moral dilemma that gained notoriety during the COVID-19 pandemic: triage decisions on the allocation of intensive medical care. Using a conjoint experiment in five countries we analyze the influence of patients’ partisanship next to commonly discus…
On Legal Cosmopolitanism
Ian Balfour and Eduardo Cadava (eds.) And Justice for All?: The Claims of Human Rights , Durham, NC, Duke University Press, 2004, ISBN 0822365642, 440 pp., $20.00 (pb). Roger Brownsword (ed.), Global Governance and the Quest for Justice, Volume 4: Human Rights , Oxford: Hart Publishing, 2005, ISBN 1841134090, 225 pp., £22.95 (pb). Simon Caney, Justice beyond Borders: A Global Political Theory , Oxford, Oxford University Press, 2005, ISBN 01982935…
On Interpretivism and International Law
This article argues for the relevance of interpretivism within theoretical and normative debates about international law. To do this, the article carries out two tasks. First, it draws out the central features of interpretivism that make it a theoretically distinct contribution to understanding the nature and theory of law. Secondly, it identifies four important objections, two external and two internal, to the relevance of interpretivism to inte…
On Legal Cosmopolitanism
Ian Balfour and Eduardo Cadava (eds.) And Justice for All?: The Claims of Human Rights , Durham, NC, Duke University Press, 2004, ISBN 0822365642, 440 pp., $20.00 (pb). Roger Brownsword (ed.), Global Governance and the Quest for Justice, Volume 4: Human Rights , Oxford: Hart Publishing, 2005, ISBN 1841134090, 225 pp., £22.95 (pb). Simon Caney, Justice beyond Borders: A Global Political Theory , Oxford, Oxford University Press, 2005, ISBN 01982935…
Kosovo Revisited
The asserted doctrine of unilateral humanitarian intervention has given rise to considerable debate in international law. This article revisits the use of force in Kosovo to critically appraise this debate. The arguments for and against the doctrine are schematically compared and contrasted. Their differences are methodological, but underlying factors are relevant. These may include a conflict of values (notably, sovereignty versus human rights),…
On Interpretivism and International Law
This article argues for the relevance of interpretivism within theoretical and normative debates about international law. To do this, the article carries out two tasks. First, it draws out the central features of interpretivism that make it a theoretically distinct contribution to understanding the nature and theory of law. Secondly, it identifies four important objections, two external and two internal, to the relevance of interpretivism to inte…
Foxes Guarding the Foxes? The Peer Review of Human Rights Judgments by the Committee of Ministers of the Council of Europe
This article investigates the reliability of the peer review of human rights judgments by the Committee of Ministers of the Council of Europe. It argues that, even if composed of politically motivated actors, the Committee is not to be dismissed too cursorily as a deficient and unreliable system of compliance monitoring. Evidence shows that formal and informal institutional constraints, in particular the presence of a strong Secretariat, constrai…
Hard Protection through Soft Courts? Non-Refoulement before the United Nations Treaty Bodies
This Article comparatively analyses how the prohibition of refoulement is interpreted by United Nations Treaty Bodies (UNTBs) in their individual decision-making, where we suggest they act as “soft courts.” It asks whether UNTBs break ranks with or follow the interpretations of non-refoulement of the European Court of Human Rights. This investigation is warranted because non-refoulement is the single most salient issue that has attracted individu…
Towards a common institutional trajectory? Individual complaints before UN treaty bodies during their ‘Booming’ years
The expanding number of UN treaty bodies with competence to rule on individual complaints as well as the increasing amount of complaints lodged before these bodies trigger the question whether they are capable of acting as a unified institution when dealing with individual complaints or whether they remain as a fragmented institutional site. In this article, we comparatively analyse the case law of all treaty bodies between 2013 and 2016 with the…
Prioritization preferences for Covid-19 vaccination are consistent across five countries
Vaccination against COVID-19 is making progress globally, but vaccine doses remain a rare commodity in many parts of the world. New virus variants require vaccines to be updated, hampering the availability of effective vaccines. Policymakers have defined criteria to regulate who gets priority access to the vaccination, such as age, health complications, or those who hold system-relevant jobs. But how does the public think about vaccine allocation…
Human Rights Ideas, Law, and Institutions in Europe
This chapter introduces the contribution of Europe to the development of human rights ideas, law, and institutions. In a spirit of ‘provincialising Europe’, it argues that Europe’s contributions to human rights are ambivalent and dynamic. The chapter first examines natural rights and rights of citizens as twin, but also potentially conflicting, developments in demarcating Europe’s contributions to human rights. Europe is historically a home of hu…
Does the Practice of the European Convention on Human Rights Fit the Practical Conception of Human Rights
This article investigates how the practice of European human rights, organised around the European Convention on Human Rights, can be brought into conversation with the practice conception of human rights advanced by Charles Beitz in the Idea of Human Rights. The article argues that this is a challenging task. Following Beitz’s construction of the human rights practice composed of (a) a global practice, (b) political discursive practice, (c) trig…
Affective partisan polarization and moral dilemmas during the Covid-19 pandemic
Recent scholarship on affective polarization documents partisan animosity in people's everyday lives. But does partisan dislike go so far as to deny fundamental rights? We study this question through a moral dilemma that gained notoriety during the COVID-19 pandemic: triage decisions on the allocation of intensive medical care. Using a conjoint experiment in five countries we analyze the influence of patients’ partisanship next to commonly discus…
Optimism in International Human Rights Law Scholarship
As a field of practice, international human rights law (IHRL) is in constant motion. The four books under review explore the legal, political, and civic dynamics that continuously shape and reshape this vibrant area of law. In this Essay, I underscore two important trends in contemporary IHRL scholarship that these books highlight. First, these works share a strong emphasis on agency , understood as human action that makes a difference in the wor…
Constitutional Judging under Pressure
Introducing the Special Issue on “Judging under Pressure,” this Article sets out three interlinked challenges facing constitutional courts, broadly understood: persisting inequalities, the climate crisis, and rising autocratization. The Articles in this Special Issue identify, analyze, and prescribe a set of judicial responses and strategies when judging under pressure. Some reimagine and recalibrate the role of judges, while others respond with …
Legitimate aims and ulterior purposes in human rights law
This article introduces the Human Rights Law Review Symposium on ‘Legitimate aims and Ulterior Purposes in Human Rights Law: Comparative Perspectives’. Aims and purposes are ubiquitous in human rights law: they articulate the goals that are permitted and the motivations that are prohibited when restricting human rights and freedoms. Notwithstanding this reality, which aims are (il)legitimate and why remains largely understudied in human rights sc…
The Travaux Préparatoires and Progressive Treaty Interpretation
Article 18 of the European Convention on Human Rights (ECHR) has become a central provision employed by the European Court of Human Rights in response to authoritarian practices in Europe over the last decade. Notwithstanding its increased use, important disagreements persist regarding the interpretation of the provision. Analysing the provision’s ordinary meaning, the convention’s travaux préparatoires as a whole and the interpretation of the pr…
A Tale of Disregard? Reception of the Jurisprudence of the United Nations Committee on the Rights of Persons with Disabilities before the European Court of Human Rights
The Convention on the Rights of Persons Disabilities (CRPD) was hailed as a transformative human rights treaty when it came into force in 2008. The CRPD not only promises the remediation of the under-protection of the rights of persons with disabilities in international human rights law, but it also aims to transform the deep and structural inequalities underpinning the governance of disability through law and policy. The Committee on the Rights …
Frame analysis of European human rights
Framing climate remedies in European human rights law
Political science (14 works) · Human rights (12 works) · Law (11 works) · Sociology (9 works) · Law (7 works) · Law and economics (7 works) · International human rights law (6 works) · International Law and Human Rights (6 works) · Economics (5 works) · Psychology (5 works)