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formalities with the authorities concerned. The
Ministry of Foreign Affairs noted that other
establishments, belonging to minorities and religious
groups, which are not covered by foundations but
which have historical and cultural value, are preserved
under the law on the Preservation of Cultural and
National Wealth, No. 2963. These establishments are
regarded as historic works of art and are under
protection. These places are utilized as museums or
historic venues and are under the auspices of the
Ministry of Culture.
30. The Ministry of Foreign Affairs added that the
Government had decided on 15 September 1999 that
articles 46 and 48 of the Regulations on Foundations
would no longer be implemented for the religious
community foundations. That decision had been given
to further enable religious communities to act in a more
independent way. Thereafter religious community
foundations would not be obliged to inform the
relevant Administration on Foundations in writing in
case they wanted to hire a lawyer to sue somebody or
to protect the rights of the foundation. Nor would they
be obliged to seek permission of the General
Directorate of Foundations before they started
constructing or repairing their buildings.
31. Regarding the conditions applicable to minorities
for establishing schools, places of worship,
associations and foundations, the Ministry of Foreign
Affairs has provided the following information:
education and training at the pre-school, primary and
secondary levels.
35. Establishment of churches by minorities. The
number of places of worship recognized by the Treaty
of Lausanne suffices when the population of minorities
living in Turkey is taken into account. Thus it is not
required to establish new places of worship. However,
in the legislation, no provision exists regarding any
limitations or prohibition against new places of
worship for minorities. The general rule, as set out by
the Law on Public Works, No. 3194, is that places of
worship cannot be built just anywhere, they require to
be specifically outlined in the city plans, and the needs
and requirements of the social environment are also to
be taken into consideration, that is, the presence of a
community belonging to that religious belief, and so
on.
Indication of religion on identity cards/
changing of religion
36. With respect to the identity card, the Ministry of
Foreign Affairs has explained that article 43 of law No.
1547 on civil registry stipulates that all information
regarding sex, names — surname, father’s and
mother’s name — and religion of the family members
should be noted on the family registration forms. The
same format was introduced for identity cards.
However, preparations to omit the indication of
religion on identity cards are under way.
32. Establishment of foundations by minorities. The
Treaty of Lausanne recognizes the legal status of
establishments of religion, education, health and
philanthropy belonging to minorities which were
previously established in accordance with rulings of
the Ottoman State. These establishments were
converted into “community foundations” by the Law
on Foundations, No. 2762, adopted in 1936.
37. With respect to changing religion, the Ministry of
Foreign Affairs stated that, for statistical reasons,
records on all population issues were kept by the
General Directorate for Civil Registry and Citizenship
Affairs. That is why the information concerning change
of religion is also conveyed to the General Directorate.
33. Establishment of associations by minorities.
Members of minorities enjoy equal rights to establish
associations envisaged in the Constitution for every
Turkish citizen. There are a number of associations
belonging to minorities.
38. The Ministry of Foreign Affairs has explained
that, by virtue of article 16 of Law No. 1587, children
may not be given names that might offend people or
that would be considered incompatible with national
culture and values. According to that Ministry, since
the culture of the religious minorities recognized by the
Treaty of Lausanne is accepted as a part of the national
culture, those minorities are free to give their children
any first or family names they wish, provided they
respect the criteria mentioned above.
34. Establishment of schools by minorities. The
statutes of the schools belonging to the minorities
recognized in accordance with the Treaty of Lausanne
are preserved. These schools are considered as
“Foundation Schools” and continue to provide
Legislation governing given and family names
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