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Chapter 6 - Direct Remedies

Limits of Compliance with European Court of Human Rights Rulings

from Part II - What Is the Impact of Litigation at the European Court of Human Rights?

Published online by Cambridge University Press:  26 February 2026

Filiz Kahraman
Affiliation:
University of Toronto
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Summary

This chapter adopts a state-centered approach to compliance by examining how the Turkish and UK governments responded to ECtHR rulings on trade union rights. While both states enacted structural reforms to align with ECtHR judgments, the chapter shows that, upon closer inspection, these measures often prove partial and superficial. In Turkey, persistent strike bans, a collective bargaining system that privileges a government-aligned union, and violent repression of union activity indicate deep structural resistance to labor rights. In the UK, compliance took the form of narrow legal adjustments that reflect an instrumental approach rather than an absence of legal capacity. When evaluated solely by formal state responses, ECtHR rulings offer limited leverage for meaningful reform, confirming the pessimism of realist and critical scholars. Yet the chapter also shows that some of the most effective changes occurred before the Court issued its final ruling, suggesting that international law gains traction when combined with grassroots mobilization. In highlighting the limitations of a compliance-oriented perspective, the chapter sets the stage for the next two chapters, which explore how labor activists engage international human rights law not merely as a legal tool, but as part of broader campaigns for justice, recognition, and institutional change.

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  • Direct Remedies
  • Filiz Kahraman, University of Toronto
  • Book: Labor in Hard Times
  • Online publication: 26 February 2026
  • Chapter DOI: https://doi.org/10.1017/9781009732321.009
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  • Direct Remedies
  • Filiz Kahraman, University of Toronto
  • Book: Labor in Hard Times
  • Online publication: 26 February 2026
  • Chapter DOI: https://doi.org/10.1017/9781009732321.009
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Direct Remedies
  • Filiz Kahraman, University of Toronto
  • Book: Labor in Hard Times
  • Online publication: 26 February 2026
  • Chapter DOI: https://doi.org/10.1017/9781009732321.009
Available formats
×