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In: Minority Self-Government in Europe and the Middle East
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Abstract

This is a follow-up article to the one published in the IJMGR half a decade ago (Vol. 12, 2005). Although there have been domestic and international legal cases that are directly concerned with the political participation of minorities in Turkey, few improvements have been made in law covering the subject. This encouraged this author to analyse and criticise the judgements of the European Court of Human Rights and the legal and political actors at domestic level. The aim of this article is to reflect upon how international human rights monitoring affects national laws in certain thorny issues such as the rights of minorities. Since the current and previous articles have a common theme and complement each other, I strongly recommend reading both articles.

In: International Journal on Minority and Group Rights
Author:

Abstract

The Treaty of Lausanne was signed on 24th July 1923 as a peace treaty that ended the first world war for Turkey and the allied powers. In a section entitled “protection of minorities”, it provides rights for minorities. However, the beneficiaries of minority rights in Lausanne are more narrow than those provided in other treaties and declarations of the time. With a legal basis in domestic law, Turkey traditionally applied the rights provided in the Lausanne Treaty only for three so-called non-Muslim groups, i.e. Greeks, Armenians and Jews. Neither the Turkish delegation nor the members of the allied forces’ delegations could foresee that some members of the Muslim groups of 1923 might quit Islam in the future and recourse to Lausanne rights as new beneficiaries. This article, by referring to preparatory works of the Treaty, examining its legal validity internationally and nationally, and applying interpretative principles of international treaties, argues for the extension of Lausanne rights to other groups via re-interpretation and re-implementation.

In: International Journal on Minority and Group Rights
This volume, Minority Self-Government in Europe and the Middle East: From Theory to Practice, is novel from several perspectives. It combines theory with facts on the ground, going beyond legal perspectives without neglecting existing laws and their implementation. Theoretical discussions transcend examining existing autonomy models in certain regions. It offers new models in the field, discussing such critical themes as environmentalism. Traditional concepts such as self-determination and well-known successful autonomy examples, including the Åland Islands, Basque and Catalonian models, are examined from different perspectives. Some chapters in this volume focus on certain regions (including Turkey, Syria, and Iraq) which have only recently received scholarly attention. Chapters complement one another in terms of their theoretical inputs and outputs from the field.
In: Minority Self-Government in Europe and the Middle East
In: Minority Self-Government in Europe and the Middle East
In: The European Social Charter: A Commentary

Abstract

Despite parents having primary responsibility, it remains the State's duty to ensure its citizens' education. The orientation of the State's education can be secular can religious; however, the State – having the discretion on curriculum – should comply with human rights principles by promoting pluralism and refraining from indoctrination. In this respect, discussions around religious education have been, and are, highly controversial. This has especially been the case for countries such as Turkey, which have pronounced religious minority groups in their territories. In this regard, the Alevis of Turkey, as the largest religious minority in the country, have been the main actors of a long lasting legal struggle to strive for respect for their freedom of religion as well as parental religious convictions. This article aims to answer to what extent Alevis in Turkey can assert their parental right to religious education through invoking international human rights law, particularly under the International Covenant on Civil and Political Rights and the European Convention on Human Rights.

In: International Journal on Minority and Group Rights