Research Article

TO WHAT EXTENT DOES THE ECTHR PROMOTE AND PROTECT THE RIGHT TO FREEDOM OF RELIGION IN THE CONTEXT OF RELIGIOUS SYMBOLS AT EDUCATIONAL INSTITUTIONS?

Volume: 19 Number: 1 March 1, 2022
  • Muhammet Dervis Mete
TR EN

TO WHAT EXTENT DOES THE ECTHR PROMOTE AND PROTECT THE RIGHT TO FREEDOM OF RELIGION IN THE CONTEXT OF RELIGIOUS SYMBOLS AT EDUCATIONAL INSTITUTIONS?

Abstract

As a regional Court, the European Court of Human Rights' contribution to the development and protection of fundamental rights is undeniable. Yet, this article aims to explore whether and to what extent the European Court has succeeded in recognizing and protecting the right to belief in terms of religious symbols at educational institutions. To that end, a couple of milestone cases addressing certain religious symbols at schools will be elaborated on. At this point, pertinent questions arise; has the Court adequately fulfilled its monitoring role? What does state neutrality on religious matters in public education mean? Has the Court succeeded in being consistent in its decisions on religious symbols in different contexts, i.e., different cultures and religions? How can the Court reconcile its purported contradicting Sahin (headscarf) and Lautsi (crucifix) decisions? To respond to these and further questions, the factual and legal backgrounds of the milestone cases and the relevant regulatory framework will be briefly provided. Then, the main reasonings of the Court, namely, proselytizing impact of the religious symbols on pupils, gender inequality, and tolerance will be thoroughly analyzed. The problematic approaches and inconsistent interpretations of the Court, if exist, will be touched upon under the same section. Additionally, certain principles and doctrines that the Court adopted such as the doctrine of margin of appreciation, the principle of secularism, and neutrality and impartiality will be elaborated.

Keywords

References

  1. A. C. Romero, ‘The European court of human rights and religion: Between 'Christian' neutrality and the fear of Islam’ (2013) 11 New Zealand Centre for Public Law 75, 22
  2. A. Ulusoy, ‘Avrupa İnsan Hakları Mahkemesi'nin Üniversitelerde Türban Yasağına İlişkin Kararları Üzerine Notlar’ (2004) 53(4) Ankara Üniversitesi Hukuk Fakültesi Dergisi 1, 130
  3. C. Evans, Freedom of Religion Under the European Convention on Human Rights, Oxford: Oxford University Press, 2001
  4. C. Evans, “Islamic Scarf in the European Court of Human Rights”, Melbourne Journal of International Law, Vol. 7, No. 1, 2006, 52.
  5. C. L. Eisgruber et.al., Religious Freedom and the Constitution (Harvard University Press 2007)
  6. D. Kyritsis and S. Tsakyrakis, ‘Neutrality in the classroom’ (2013) 11(1) International Journal of Constitutional Law 200
  7. E. Fokas, ‘Directions in Religious Pluralism in Europe: Mobilizations in the Shadow of European Court of Human Rights Religious Freedom Jurisprudence’ (2015) 4(1) Oxford Journal of Law and Religion, 54
  8. E. Benvenisti, ‘Margin of Appreciation, Consensus, and Universal Standards’ (1999) 31 New York University Journal of International Law and Politics, 843

Details

Primary Language

English

Subjects

Law in Context

Journal Section

Research Article

Authors

Muhammet Dervis Mete This is me
0000-0003-2065-7117
United Kingdom

Publication Date

March 1, 2022

Submission Date

July 17, 2021

Acceptance Date

January 14, 2022

Published in Issue

Year 2022 Volume: 19 Number: 1

APA
Mete, M. D. (2022). TO WHAT EXTENT DOES THE ECTHR PROMOTE AND PROTECT THE RIGHT TO FREEDOM OF RELIGION IN THE CONTEXT OF RELIGIOUS SYMBOLS AT EDUCATIONAL INSTITUTIONS? Yeditepe Üniversitesi Hukuk Fakültesi Dergisi, 19(1), 217-254. https://izlik.org/JA85KX48JA
AMA
1.Mete MD. TO WHAT EXTENT DOES THE ECTHR PROMOTE AND PROTECT THE RIGHT TO FREEDOM OF RELIGION IN THE CONTEXT OF RELIGIOUS SYMBOLS AT EDUCATIONAL INSTITUTIONS? YÜHFD. 2022;19(1):217-254. https://izlik.org/JA85KX48JA
Chicago
Mete, Muhammet Dervis. 2022. “TO WHAT EXTENT DOES THE ECTHR PROMOTE AND PROTECT THE RIGHT TO FREEDOM OF RELIGION IN THE CONTEXT OF RELIGIOUS SYMBOLS AT EDUCATIONAL INSTITUTIONS?”. Yeditepe Üniversitesi Hukuk Fakültesi Dergisi 19 (1): 217-54. https://izlik.org/JA85KX48JA.
EndNote
Mete MD (March 1, 2022) TO WHAT EXTENT DOES THE ECTHR PROMOTE AND PROTECT THE RIGHT TO FREEDOM OF RELIGION IN THE CONTEXT OF RELIGIOUS SYMBOLS AT EDUCATIONAL INSTITUTIONS? Yeditepe Üniversitesi Hukuk Fakültesi Dergisi 19 1 217–254.
IEEE
[1]M. D. Mete, “TO WHAT EXTENT DOES THE ECTHR PROMOTE AND PROTECT THE RIGHT TO FREEDOM OF RELIGION IN THE CONTEXT OF RELIGIOUS SYMBOLS AT EDUCATIONAL INSTITUTIONS?”, YÜHFD, vol. 19, no. 1, pp. 217–254, Mar. 2022, [Online]. Available: https://izlik.org/JA85KX48JA
ISNAD
Mete, Muhammet Dervis. “TO WHAT EXTENT DOES THE ECTHR PROMOTE AND PROTECT THE RIGHT TO FREEDOM OF RELIGION IN THE CONTEXT OF RELIGIOUS SYMBOLS AT EDUCATIONAL INSTITUTIONS?”. Yeditepe Üniversitesi Hukuk Fakültesi Dergisi 19/1 (March 1, 2022): 217-254. https://izlik.org/JA85KX48JA.
JAMA
1.Mete MD. TO WHAT EXTENT DOES THE ECTHR PROMOTE AND PROTECT THE RIGHT TO FREEDOM OF RELIGION IN THE CONTEXT OF RELIGIOUS SYMBOLS AT EDUCATIONAL INSTITUTIONS? YÜHFD. 2022;19:217–254.
MLA
Mete, Muhammet Dervis. “TO WHAT EXTENT DOES THE ECTHR PROMOTE AND PROTECT THE RIGHT TO FREEDOM OF RELIGION IN THE CONTEXT OF RELIGIOUS SYMBOLS AT EDUCATIONAL INSTITUTIONS?”. Yeditepe Üniversitesi Hukuk Fakültesi Dergisi, vol. 19, no. 1, Mar. 2022, pp. 217-54, https://izlik.org/JA85KX48JA.
Vancouver
1.Muhammet Dervis Mete. TO WHAT EXTENT DOES THE ECTHR PROMOTE AND PROTECT THE RIGHT TO FREEDOM OF RELIGION IN THE CONTEXT OF RELIGIOUS SYMBOLS AT EDUCATIONAL INSTITUTIONS? YÜHFD [Internet]. 2022 Mar. 1;19(1):217-54. Available from: https://izlik.org/JA85KX48JA