New report: “A Human Rights Perspective on the Multi-faceted Right (Not) to Believe in Türkiye”

The report reveals that, the freedoms to believe, not to believe, or to believe in “non-mainstream doctrines” can be subject to significant interference in Türkiye.
The report, “A Human Rights Perspective on the Multi-faceted Right (Not) to Believe in Türkiye”, offers a comprehensive examination on the current situation of the freedoms to believe, not to believe, or to believe in “non-mainstream doctrines” in Türkiye. It also identifies areas of non-compliance with international human rights standards and provides recommendations to authorities for safeguarding everyone’s freedom of thought, conscience, and religion or belief.
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The report, authored by Dr. Mine Yıldırım, Rümeysa Çamdereli, and Prof. Dr. Tolga Şirin, provides a general assessment of the right (not) to believe, while also examining this right within the education system. Additionally, it explores the freedom from coercion and addresses issues arising at the intersection of freedom of region or belief and freedom of expression.
Türkiye’s international human rights obligations and national legislation require comprehensive protection of freedom of thought, conscience, religion, or belief. However, individuals who hold beliefs different from the “mainstream” or do not believe may face serious human rights violations in many areas of life.
Key findings of the report
The right (not) to believe: Individuals who identify as atheists or agnostics, hold beliefs different from mainstream religious teachings, or adopt a religion other than Islam may face discrimination, stigmatization, social pressure, or restrictions on their human rights. The religion field in population registers violates the right not to disclose one’s religion. The right to conscientious objection to military service is not recognized, leading to multiple human rights violations for conscientious objectors, including restrictions on their freedom of thought, religion, or belief. While there is no legal barrier, requests by atheists for cremation after death are obstructed in practice. Despite constitutional protections, the restriction of the Atheism Association’s right to assembly and demonstration, along with systematic lawsuits against its members, exemplifies the pressure faced by non-believers. Although the principle of secularism is firmly established in the Constitution, the state remains extensively and deeply involved in matters related to both Islam and other religions or beliefs.
The right (not) to believe in education: Practices within the national education system that centre on a specific religion interfere with the religious freedom of non-believers and those who hold beliefs different from the religious teachings presented in the curriculum. No optional exemption right is provided in response to these practices. The child’s freedom of thought, conscience, and religion or belief, as well as the right of parents and legal guardians to raise their children in line with their own philosophical or religious views, are key concerns in this context. Additionally, the compulsory religious culture and ethics courses lead to a systematic violation of freedom of religion or belief. “I Protect My Environment, I Uphold My Values” (ÇEDES) project and the Ministry of National Education’s collaborations with religious foundations must be assessed in line with the principles of pluralism, neutrality, and human rights. Public resources are predominantly allocated to Sunni Islam focused education and training activities, undermining the state’s obligation to uphold the principles of equality and neutrality toward all religions and beliefs.
Freedom from coercion: Freedom from any coercion which would impair an individual’s freedom to have or to adopt a religion or belief of one’s choice is an absolute right. However, interference can occur within public institutions, families, and religious or belief communities. Testimonies, particularly from vulnerable groups such as women, children, and young people, highlight the extent of such interventions. The prevalence of religious pressure and violence leading to coercion points to structural deficiencies in fostering respect for individual autonomy within society and institutions. There are significant gaps in ensuring accountability, transparency, and the regulation and oversight of environments that enable coercion.
Freedom of expression and freedom of religion or belief: Criminalizing critical discourse directed at religion, particularly Islam or institutions associated with it, creates a crucial intervention point at the intersection of freedom of religion or belief and freedom of expression. Any form of religious criticism can easily lead to investigation, prosecution, and even punishment. The practical application of Article 216(3) of the Turkish Penal Code (TCK) and the decisions of the Radio and Television Supreme Council have a chilling effect on expressing criticism of religion.
Fundamental changes needed to protect the freedom of belief for all
To prevent the aforementioned interferences and violations, a comprehensive approach aligned with human rights standards is essential. Some specific recommendations included in the report are as follows:
- National legislation and practices related to freedom of religion or belief and freedom of expression should be brought into line with international human rights law.
- Measures should be taken to protect the freedom of religion or belief for individuals who hold non-religious beliefs or philosophical views or beliefs different from mainstream religious teachings and practices.
- Preventive measures should be developed across all relevant areas to address issues related to freedom of religion or belief within public institutions, families, religious or belief communities, and workplaces.
- The right to conscientious objection to military service should be recognized in compliance with international human rights law.
- The religion field in population registers should be removed.
- Municipalities should take necessary steps to ensure that requests for cremation after death are fulfilled.
- Measures to support children’s freedom of thought, conscience, and religion in the education system should be implemented.
- The legislation should be revised to allow religious or belief communities to acquire legal personality, enabling them to operate transparently.
- Legal regulations, oversight, and security measures to combat religious pressure, coercion, and violence should be strengthened. Additionally, accessible reporting mechanisms and multi-dimensional victim support services should be provided. Special measures should be implemented to protect vulnerable groups, particularly women, children, and young people.
- Article 216 of the Turkish Penal Code, a significant tool for interfering with freedom of expression, should be reviewed to protect freedom of expression. The Civil Servants Law and the Law on the Establishment of Radio and Television Enterprises and Their Media Services should be amended to include safeguards for freedom of expression.