Are Turkey’s Restrictions on Freedom of Religion or Belief Permissible?

Abstract

This article constitutes a summary of the findings of an inquiry into the utilization of the restriction clause of freedom of religion or belief in the course of restriction of this right in Turkey. It demonstrates that FoRB is restricted in various ways by public authorities which rarely involve a systematic application of the FoRB restriction clause. Despite Turkey’s human rights obligations in the area of freedom of religion or belief and the high status conferred to international human rights law under Article 90 of the Turkish Constitution the impact of international provisions on the protection of FoRB in Turkey remains insufficient and inconsistent. The right to freedom of religion or belief has been restricted through measures based on “established practice”, decisions of public authorities based on laws and regulations not directly dealing with this right and court decisions that are not in full compliance with international law.