The freedom of thought, conscience, and religion, from which stem the tenets of pluralism, tolerance, and open-mindedness, are some of the most basic freedoms of a democratic society. This book illustrates the current state of the freedom of religion or belief in Turkey and the challenges and complex problems facing it, concentrating on the most topical issues: being compelled to reveal one’s religion and beliefs on the national identity card; the right of conscientious objection and conscientious objectors; compulsory religious education; recognition of faith groups and the opening of places of worship; and using and wearing religious symbols and dress in the public sphere.

The protection of the right to freedom of thought, conscience and religion is one of the most basic tenets of a democratic society. This right is not only crucial for those who believe, but is also so for atheists, agnostics and sceptics who have no religious beliefs. It is also considered a cornerstone of a democratic society and is closely linked to pluralism, tolerance and open-mindedness. Turkey has been involved in an accession process in order to become a full member of the European Union (EU) since 2005. The Justice and Development Party (Adalet ve Kalkınma Partisi – AKP), which first formed a government after its election victory of 2002, pledged to introduce reforms and lift prohibitions. Hence, although the AKP has made significant progress towards meeting the political norms required for EU membership in its twelve years in power, there are many outstanding restrictions regarding the right to freedom of thought, conscience and religion which remain in place. This book provides an overview of recent developments pertaining to the protection of the right to freedom of religion and belief in Turkey, a country that in its constitution is defined as a democratic and secular state. As it is not feasible to examine all questions in one book, this study will confine itself to the most topical and urgent issues.

The right to freedom of thought, conscience and religion in Article 9 of the European Convention on Human Rights (ECHR) has become increasingly significant and contested. Through an examination of ECHR Article 9, its drafting history, and the related jurisprudence of the European Court of Human Rights (ECtHR), Caroline K. Roberts challenges the classic approach to this right in the literature. Roberts argues that claims that there is, or should be, a clear binary and hierarchical distinction between the absolutely protected internal realm and the qualified external realm in this right are not founded textually or jurisprudentially. Rather, the primary materials suggest that the internal and external aspects are deeply interrelated, and this is reflected in the ECtHR's nuanced and holistic approach to ECHR Article 9 protection. This comprehensive, rigorous and up-to-date reappraisal of ECHR Article 9 and the related ECtHR jurisprudence will be essential reading for academics and practitioners.

The Turkish government is urged to make a fundamental shift in its approach to education by Minority Rights Group International (MRG) in a new report. A long-standing focus on state-building has been supplemented by increasing emphasis on religious teaching. Both feature strongly in the education system in Turkey making schools a focus of discrimination. The report, Discrimination based on Colour, Ethnic Origin, Language, Religion and Belief in Turkey’s Education System, reveals evidence of discrimination of minority groups and suggests comprehensive reforms to effectively ensure equality. “The ‘national’ education system, which for decades aimed to create young Turkish nationalists, has in recent years become a vehicle for raising young religious Turkish nationalists,” says Nurcan Kaya, Turkey Coordinator of Minority Rights Group International. Religious education is compulsory from grade four in primary schools. While some information on world religions has been introduced, the emphasis remains on teaching Sunni Muslim religious practices. Children of Jewish and Christian families may apply to opt out, but the process can be cumbersome and in many schools alternatives are not provided for them. Non-Muslim students who have opted out can still find themselves having to remain in the religious instruction class or alternatively having to wander in the school corridor – making them vulnerable to taunts from pupils and even teachers. The opt out possibility is still not available to children of other minorities. Another issue is mother tongue education. In 2012, a new elective on the living languages and dialects in Turkey was introduced but due to various limitations, minorities remain marginalised “others” in the education system. Subsequent to the 2012 reform, the report monitors discrimination in the formal education system in the period of the academic year of 2014-2015. The findings are based on the field work of the Monitoring Discrimination in Education Network, an alliance of 16 organizations working in Turkey. The report compiles numerous cases of discrimination based on language, religion, ethnicity, skin colour and the level of income. “In order to bring about a fundamental solution to these problems in the education system, the government must prioritise developing an approach that sees all groups as equal and that responds to demands for rights based on such an understanding of equality,” says Kaya. The report highlights that Turkey has no anti-discrimination law or an equality commission to which victims of discrimination can apply. The existing legislation contains no effective and accessible means of judicial remedies or compensation. Therefore, many discriminatory practices are not reported to school administrations. “The entire education system is based on Turkishness. Non-Turkish groups are either not referred to or referred in a negative way,” says Kaya. “Education system has played a significant role in deepening conflict in society. The positive representation of other groups in the education system would contribute to social peace and harmony.” In order to resolve the many problems in the education system that the current approach causes, the overall aim of government education policy should be cleared of ideological references, and the protection of children’s best interests and the right to education in line with international standards should be considered its fundamental goal, says the report.

Note from the editors

As the world enters the 21st Century, the challenges in implementing freedom of religion or belief grow more complex and more acute. How can the internationally recognized norms regarding freedom of religion or belief be meaningful for all - women and men, majorities and minorities, established religions and new religious movements, parents and children? How can tolerance, mutual respect and understanding be globally expanded? How does freedom of religion or belief relate to other human rights? Launched by the Oslo Coalition on Freedom of Religion or Belief, this deskbook anthology is designed as a single-volume resource for all who are concerned with facilitating improved global compliance with international standards in this vital area. The varied and diverse topics addressed by over fifty global experts in the field provide a rich weave of many threads. The book addresses historical and philosophical background on religious human rights, applicable international norms and the international procedural mechanisms for safeguarding these norms. It surveys central areas of controversy, including registration of religious and belief organizations, emerging debates on religion and gender, parental and children's rights, new religious movements, proselytism, and conscientious objection. Other chapters describe practical approaches to promoting tolerance and understanding through education, inter-religious dialogue, joint religious efforts addressing shared social problems, and conflict resolution initiatives. The volume also provides practical information regarding networking and other background issues that can help translate understanding of the applicable norms and procedures into action. Appendices provide texts of major international instruments on freedom of religion or belief.

The Islamist Justice and Development Party swept to power in Turkey in 2002. Since then it has shied away from a hard-line ideological stance in favour of a more conservative and democratic approach. This book asks whether it is possible for a political party with deeply religious ideology to liberalise and entertain democracy?

Although many books on terrorism and religious extremism have been published in the years since 9/11, none of them written by Western authors call for the curtailment of religious freedom and freedom of expression for the sake of greater security. Issues like torture, domestic surveillance, and unlawful detentions have dominated the literature in this area, but few, if any, major scholars have questioned the vast allowances made by Western nations for the freedoms of religion and speech. Freedom from Religion challenges the almost sacrosanct inviolability of these two civil liberties. By drawing the connection between politically-correct tolerance of extremist speech and the rise of terrorist activity, this book sets the context for its unique proposal that governments should introduce new limits on religious practice within their borders. To demonstrate the wisdom of this course, the author presents the disparate policies and security circumstances of five countries: the U.S., the UK, the Netherlands, Turkey, and Israel. The book benefits not just from the author's own counter-terrorism experience in Israel and the U.S. but also from an international advisory group of leading scholars from all five of the countries under review. This second edition includes significant new material analyzing the trial of Warren Jeffs, self-censorship in the face of religious sensitivity, religious extremism and violence in Israel, and the complicated tension in the Netherlands between speech and religion. In it, Guiora responds to public discussion and criticism provoked by the proposal presented in the first edition that governments impose limits on religious extremist practices and speech within their borders. In doing so, Guiora sheds new light on the existential and practical predicaments confronting civil democratic society: how much intolerance should the nation-state tolerate and to whom does government owe a duty.

Turkey's mixed human rights record has been highly politicized in the debate surrounding the country's probable ascendance to membership in the European Union. Beginning with the foundation of a secular republic in 1923, and continuing with founding membership in the United Nations and participation in the European Convention on Human Rights and Fundamental Freedoms, Turkey made significant commitments to the advancement of human rights. However, its authoritarian tradition, periods of military rule, increasing social inequality, and economic crises have led to policies that undermine human rights. While legislative reforms and civil social activism since the 1980s have contributed greatly to the advancement of human rights, recent progress is threatened by the rise of nationalism, persistent gender inequality, and economic hardship. In Human Rights in Turkey, twenty-one Turkish and international scholars from various disciplines examine human rights policies and conditions since the 1920s, at the intersection of domestic and international politics, as they relate to all spheres of life in Turkey. A wide range of rights, such as freedom of the press and religion, minority, women's, and workers' rights, and the right to education, are examined in the context of the history and current conditions of the Republic of Turkey. In light of the events of September 11, 2001, and subsequent developments in the Middle East, recent proposals about modeling other Muslim countries after Turkey add urgency to an in-depth study of Turkish politics and the causal links with human rights. The scholarship presented in Human Rights in Turkey holds significant implications for the study of human rights in the Middle East and around the globe.

The right to freedom of religion or belief, as enshrined in international human rights documents, is unique in its formulation in that it provides protection for the enjoyment of the rights "in community with others". This book explores the notion of the collective dimension of freedom of religion or belief with a view to advance the protection of this right. The book considers Turkey which provides a useful test case where both the domestic legislation can be assessed against international standards, while at the same time lessons can be drawn for the improvement of the standard of international review of the protection of the collective dimension of freedom of religion or belief. The book asks two main questions: what is the scope and nature of protection afforded to the collective dimension of freedom of religion or belief in international law, and, secondly, how does the protection of the collective dimension of freedom of religion or belief in Turkey compare and contrast to international standards? In doing so it seeks to identify how the standard of international review of the collective dimension of freedom of religion can be improved.