A/HRC/28/47
to discrimination, hostility or violence as a framework to combat incitement to hatred; (b)
promote tolerance in the educational system in order to combat discrimination in the
educational system; (c) promote the depoliticization of religion; (d) continue dialogues at
all levels and between countries as a way to “guarantee the specificity of all nations”; and
(e) adopt mechanisms to hold accountable those countries that have jurisdiction over
individuals and organizations that incite religious intolerance.
Turkey
73.
Freedom of religion and conscience is guaranteed by the Constitution and relevant
legislation. Minority rights in Turkey are regulated in accordance with the Treaty of
Lausanne, under which Turkish citizens belonging to non-Muslim minorities fall within the
scope of the term “minority”.
74.
A number of foreign clergy have been registered in Turkey to serve in places of
worship with the relevant working permit. There are 387 places of worship belonging to
non-Muslim communities, including 87 churches run by foreigners residing in Turkey.
Non-Muslim places of worship are administered by their own associations or foundations
and property rights regarding places of worship rest with the real or legal persons who
founded them. A decree amending the Law on Foundations was published in August 2011,
improving the situation of non-Muslim community foundations regarding the registration of
their property.
75.
On 13 May 2010, the Office of the Prime Minister issued a circular confirming that
all Turkish citizens, independent of their religious communities, constitute an inseparable
part of Turkey, and urging all related government institutions and offices to act with the
utmost diligence for the elimination of problems encountered by non-Muslim minorities.
76.
Positive steps continued to be taken in favour of different faith groups in the areas of
education and culture. The Ministry of National Education reviews course materials
annually to remove connotations that might be perceived as discriminatory by different
faith groups. Pursuant to a request from Assyrian citizens, the Ankara 13th Administrative
Court has ruled that Assyrian language courses can be delivered along with the curriculum
of the Ministry of Education on certain days or during certain hours of the week in a
preschool to be opened under a community foundation.
77.
Permission was granted to a Greek minority school in Gökçeada to reopen in the
academic year 2013/14, following the demand of the Greek community.
78.
Since 28 February 2012, newspapers belonging to minorities, as defined in the
Treaty of Lausanne, have been allowed to publish official advertisements upon written
application.
79.
The “democratization package” of September 2013 brought about significant
improvements in the area of freedom of religion and conscience, as the ban on women
wearing headscarves in public service was lifted and sanctions for preventing persons from
individual worship and fulfilling requirements of religious beliefs were introduced in the
Turkish Penal Code. Lifestyle is protected by law and, for the first time, hate crimes are
punishable under the Code.
80.
The title of article 122 of the Turkish Penal Code was changed from
“discrimination” to “hatred and discrimination” within the framework of Law No. 6529 of
2 March 2014, and the penalty for the offence has been increased. Article 216 of the
Turkish Penal Code regulates the prevention of incitement to social, racial, religious or
regional enmity or hatred. In addition, under article 115 of the Code the act of hindering the
exercise of freedom of belief, thought and conviction is punishable, while article 153
13
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