Abstract:

The limitation of the manifestations of religious freedoms has been an important issue both in history and today’s modern nation-state. This study aims to evaluate how the European Convention on Human Rights approaches the issue of freedom of faith. In doing so, the author explains how religious freedoms are perceived by the Contracting Agents and where the States Parties are determined to act in violation of the Convention. The limitation of freedom of faith and manifestations is provided in the ninth article of the IHAS. The title of the Mezkur material is "canat thought, conscience and religious humility". This study not only translates the attitude of the Contracting Parties to freedom of belief, but also provides a critical view of this attitude. The attitude of the court on the imposition of the headquarters and the final judgment of the Court on the Alevi Cemaati can be an example of the aspects criticized in this study. The Alevians are a religious taricate that is considered in the Islam’s Sufi interpretation. The court has considered the process of rejection by the Government of the Islamic Republic, including the recognition by law of the religious leaders of the Islamic Republic, among other things, and requests such as the granting of free electricity to the cemeteries where the cultural and religious meetings of the Islamic Republic are held as the action of Turkey in violation of the Convention.

Abstract:

Limitation the expression of freedom of religion has been an important issue both in the history and in today’s modern nation-States. This study purports to look at how the European Convention on Human Rights ECHR deals with the limitation of religious liberty. In doing that, the author explains how the right to freedom of religion has been perceived by the Convention Organs and in what situations the State parties has been found to be in violation of the Convention rights in terms of the religious freedom. Religious liberty and limitation of its expression have been prescribed by the article 9 of the ECHR. The chapeau of the article carries the name of “freedom of thought, conscience and religion”. This study does more than reflecting the perspective of the Convention organs. It also criticizes the stance of the ECHR organs towards the religious liberty. The stance towards wearing of headscarf and recent decision of the Court in relation to Alevi Society can be referred to as the examples of the criticized jurisprudence of the Court for the purposes of this article. Alevis are considered to be a religious group under Sufi spiritual understanding of Islam. The Court, has found Turkey to have acted in violation of the Convention in rejecting the petition of İzzettin Doğan and Others which asked for inter alia official recognition of Alevi religious leaders and public benefits such as free electricity supply for cemevis where the Alevi Society practice cultural and religious ceremonies

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