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Hanafi, and this could be seen as taking a position in
favour of Hanafism (see sect. III). The President of the
court of appeals told the Special Rapporteur that this
situation could pose a problem in particular for atheists
among the Muslim majority, in the sense that some of
their taxes go to finance religious activities of the
State.
(b) Religious education and secularism
17. The fact that the State is secular does not seem to
prevent it from taking responsibility for Muslim
religious education, whether through courses organized
by the Department of Religious Affairs, through its
schools for imams and preachers, through its faculties
of theology, or through compulsory courses in religion
and ethics at the primary and secondary school level
(see article 24 of the Constitution). Religious
instruction outside the State sphere is permitted, but
the State retains the right to control it (ibid.). The third
paragraph of article 42 of the Constitution also
provides:
Training and education shall be conducted under
the supervision and control of the State, pursuant
to the principles and reforms of Ataturk, and in
accordance with contemporary standards of
science and education.
Muslim religious teaching is thus essentially in the
hands of the State, and this could pose a problem if
such teaching were monolithic in the sense of
promoting a Hanafi conception of Islam, and if its
content and message were such as to be offensive to
non-Muslims, particularly in the compulsory courses
on “religious culture” (see sect. III). Moreover, in
accordance with the Constitution, the principles of
Kemalism, including that of secularism, are to govern
education, and must in particular be reflected in
compulsory courses on religious culture and ethics, and
this could also pose the issue of Kemalism and hence
of secularism as representing a truth from which there
must be no deviation, in other words a kind of dogma.
(c) Wearing of the veil
18. The difficulties surrounding the notion of
secularism are reflected in the issue of wearing the socalled Islamic veil in public institutions, and the
attitude of the authorities in this respect.
19. The Council of State, in response to a complaint
brought by a medical student against a decision of the
6
university suspending her for one month for wearing
the veil in class, found that the wearing of the veil
symbolized a vision of the world contrary to the
freedoms of women and the principles on which the
Republic is founded.
20. In 1998, Parliament attempted to amend the law
on higher education to allow wearing of the veil for
religious reasons (the amendment read as follows:
It is obligatory to have contemporary appearance
and dress in higher education institutions, their
classrooms, laboratories, clinics and corridors.
There is freedom, however, for women to cover,
due to religious belief, the neck and hair with a
headscarf or turban.
21. At the request of the President of the Republic,
the Constitutional Court set aside this amendment and
explained that to allow female students to cover their
heads on university grounds might adversely affect the
public security and unity of the nation because the
headscarf or turban shows who belongs to which
religion. This action would prevent students from
studying together and cooperating in their attempts to
reach scientific truth; it would lead to differences and
eventually to religious conflicts. The Court also held
that freedom to wear the veil on university premises
was contrary to the principle that all beliefs are equal
before the law, to the extent that permission to wear the
veil would be a privilege accorded to certain students
only. Finally, it decided that the wearing of any form of
dress considered or perceived as religious is
incompatible with secularism.
(d) Mention of religion on identity cards
22. The principle of secularism and that of freedom
of religion and belief may be considered at odds when
reference to a person’s religion is made on identity
papers, a practice that was upheld by the Constitutional
Court in its decision of 22 November 1979. According
to the authorities, such mention is optional, but this
could still pose a problem to the extent that social
pressures might make it difficult to omit mention of
one’s religion or beliefs. In some situations, such an
indication could be a source of discrimination for nonMuslims. The Minister of Justice declared that this
practice is not regulated by legislation, while the
Minister of Interior expressed the opinion that it is so
regulated. The President of the Constitutional Court
said that what is important is the fact that mention of