A/HRC/10/8/Add.1
page 52
(a) What are the rules, regulations, laws and policies applied by Turkish universities
with respect to religious clothing? Do Turkish universities prohibit Muslim students having their
heads covered? Is the portrayal of any religious symbol/object prohibited?;
(b) According to article 18, paragraph 3, of the International Covenant on Civil and
Political Rights, to which Turkey is a State party, freedom to manifest one’s religion or belief
may be subject to limitations only if they are prescribed by law, are necessary to protect public
safety, order, health, or morals or the fundamental rights and freedoms of others. Please do
clarify the limitations used for the policy on religious clothing enforced by Turkish universities;
(c) Have complaints been lodged by university students wearing a headscarf in relation
to them being prevented from taking their university examinations or having their examinations
cancelled?
Observations
198. The Special Rapporteur regrets that she has not received a reply from the Government of
Turkey concerning the above mentioned concerns. Regarding the issue of religious symbols, she
would like to refer to her report to the 62nd session of the Commission on Human Rights (see
E/CN.4/2006/5, paras. 36-60), which addresses the issue of religious symbols in greater detail.
The Special Rapporteur has formulated a set of general criteria on religious symbols, including
“neutral indicators” and “aggravating indicators”, in order to provide some guidance on the
applicable human rights standards and their scope (see E/CN.4/2006/5, paras. 51-60).
United States of America
Communication sent on 12 August 2008
199. The Special Rapporteur brought to the attention of the Government information she had
received regarding Mr. Lyle Moody, who was detained in Western New Mexico Correctional
Facility (WNMCF), Grants. Since Mr. Lyle Moody, a practicing Muslim, was reportedly
transferred from Lea County Correctional Facility (LCCF) in Hobbs to WNMCF, he had been
denied several religious practices by prison staff members. At WNMCF, he was prohibited from
wearing the traditional Islamic white knit (kufi) cap, while other inmates were allowed to wear
different kinds of caps in prison. The Islamic Jumah prayer services were not announced over
WNMCF’s loudspeakers on Fridays, whereas other religious services were. Mr. Moody
reportedly did not face such restrictions on the right to practice his religion when he was in
LCCF Facility.
Response from the Government dated 24 October 2008
200. The Government informed that the U.S. Department of State had contacted the New
Mexico Corrections Department (NMCD) public affairs office regarding these allegations. They
cited the Western New Mexico Inmate Rules and Regulations for Level II, which states that
“Inmates will be allowed to wear authorized hats, and prescription sunglasses in the housing
units, work areas and recreation yards only”. Head gear is not allowed in the library, education,
medical, dining halls, or other areas of the facility. They noted that Mr. Lyle Moody had been
allowed to wear the kufi during religious services or while praying in a designated area.