Improving Human Rights through Non-judicial National Institutions: The Effectiveness of the Ombudsman Institution in Turkey

Abstract

In the age of human rights, the value of human rights strategy lies in its effective implementation. Nonetheless, the gap between human rights rhetoric and (non-)action around the world, especially in Turkey, causes serious discussions over the effectiveness of international human rights law and even over its existence. The role of the national human rights institutions in narrowing such a compliance gap has been well understood by human rights practitioners and scholars because compliance with international human rights law is eventually a domestic law issue. However, this article suggests that among these institutions, the Ombudsman institution is an effective but neglected compliance mechanism due to the fact that it lacks the power to issue legally binding decisions not only in Turkey but also in the world. With respect to Turkey, as the Turkish Ombudsman Act has recently passed by Parliament, this article also analyzes the effectiveness of the new Turkish Ombudsman prior to the establishment of the office.