The Collective Dimension of Freedom of Religion: A Case Study on Turkey (Law and Religion)

The Right To Freedom Of Religion Or Belief, As Enshrined In International Human Rights Documents, Is Unique In Its Formulation In That It Provides Protection For The Enjoyment Of The Rights 'in Community With Others'. This Book Explores The Notion Of The Collective Dimension Of Freedom Of Religion Or Belief With A View To Advance The Protection Of This Right. The Book Considers Turkey Which Provides A Useful Test Case Where Both The Domestic Legislation Can Be Assessed Against International Standards, While At The Same Time Lessons Can Be Drawn For The Improvement Of The Standard Of International Review Of The Protection Of The Collective Dimension Of Freedom Of Religion Or Belief. The Book Asks Two Main Questions: What Is The Scope And Nature Of Protection Afforded To The Collective Dimension Of Freedom Of Religion Or Belief In International Law, And, Secondly, How Does The Protection Of The Collective Dimension Of Freedom Of Religion Or Belief In Turkey Compare And Contrast To International Standards? In Doing So It Seeks To Identify How The Standard Of International Review Of The Collective Dimension Of Freedom Of Religion Can Be Improved.-- The Notion Of The Collective Dimension Of Freedom Of Religion Or Belief -- The Right To Acquire Legal Personality : A Substantive Component Of The Right To Freedom Of Religion Or Belief -- The Right Of Religious Or Belief Groups To Freedom In Their Internal Affairs -- Introduction To The Case Study On Turkey And The General Turkish Legal Framework Pertaining To The Right To Freedom Of Religion Or Belief -- The Right Of Religious Or Belief Communities To Acquire Legal Personality In Turkey -- The Right Of Religious Or Belief Communities In Turkey To Freedom In Their Internal Affairs. Mine Yıldırım. Includes Bibliographical References And Index. Cover Half Title Title Page Copyright Page Table of Contents Acknowledgement Foreword 1. Introduction 1.1 The Significance of the Collective Dimension of Freedom of Religion or Belief 1.2 Objective, Method and Outline of the Study 2. The Notion of the Collective Dimension of Freedom of Religion or Belief 2.1 Introduction 2.2 The Relevance of the State–Religion Relationship 2.3 The Legal Basis and Scope of the Collective Dimension of Freedom of Religion or Belief 2.3.1 Relevant Notions 2.3.2 Legal Sources 2.3.3 Who is the Right Holder? 2.3.4 Standing 2.4 Compliance Control Mechanisms 3. The Right to Acquire Legal Personality 3.1 Introduction 3.2 The Significance and Function of Legal Personality as an Enabling Right 3.3 The Legal Basis of the Right to Acquire Legal Personality 3.4 The Restriction Clause of the Right to Freedom of Religion: An Effective Means of Protecting the Right to Acquire Legal Personality? 3.5 The Prohibition of Discrimination 3.6 The Right to Fair Trial—Judicial Protection 3.7 The Right to Freedom of Association 4. The Right of Religious or Belief Groups to Freedom in their Internal Affairs 4.1 Introduction 4.2 Autonomy: The Right of a Religious/Belief Community to Freedom in its Internal Matters 4.2.1 The Right to Worship or Assemble in Connection with Religion or Belief and to Establish and Maintain Places for these Purposes 4.2.2 The Right to Establish and Maintain Appropriate Charitable or Humanitarian Institutions 4.2.3 The Right to Make, Acquire and Use to an Adequate Extent the Necessary Article and Materials Related to the Rites or Customs of a Religion or Belief 4.2.4 The Right to Write, Issue and Disseminate Relevant Publications in these Areas 4.2.5 The Right to Teach a Religion or Belief in Places Suitable for these Purposes 4.2.6 The Right to Solicit and Receive Voluntary Financial and Other Contributions from Individuals and Institutions 4.2.7 The Right to Train, Appoint, Elect or Designate by Succession Appropriate Leaders Called for by the Requirements and Standards of any Religion or Belief 4.2.8 The Right to Observe Days of Rest and to Celebrate Holidays and Ceremonies in Accordance with the Precepts of One’s Religion or Belief 4.2.9 The Right to Establish and Maintain Communications with Individuals and Communities in Matters of Religion or Belief at the National and International Levels 4.3 Freedom of Religious Communities to Apply Religious Law in Spheres Analogous to Civil/Criminal Law and Dispute Settlement 5. Introduction to the Case Study on Turkey and the General Turkish Legal Framework Pertaining to the Right to Freedom of Religio 5.1 Introduction 5.2 Turkey’s Religious Demographics 5.3 Turkey’s International and National Obligations in the Area of Human Rights with a Special Focus on Freedom of Religion or Belief 5.3.1 International Human Rights Treaties 5.3.2 Lausanne Peace Treaty 5.4 Turkish Constitution and the Protection of Freedom of Religion or Belief 5.4.1 Turkish Secularism—Laiklik 5.4.2 Special Constitutional and Institutional Arrangement—the Diyanet 5.4.3 The Protection of Freedom of Religion or Belief—Its Scope and Limits 6. The Right of Religious or Belief Communities to Acquire Legal Personality in Turkey 6.1 Introduction 6.2 Legal Personality in the Ottoman and Republic Era 6.2.1 Ottoman Era 6.2.2 The Republic of Turkey 6.3 Current Practice on Legal Personality of Belief Communities 6.4 Vakıf (Foundation) Institutions 6.4.1 The Origin and Rational of the Vakıf Institutions 6.4.2 Legal Developments Pertaining to Vakıf Institutions in the Turkish Republic 6.4.3 Current Legislation and Practice 6.5 Assessment of the Compatibility of Turkey’s Legislation and Practice with International Law 6.6 Toward the Formulation of a Legal Entity Status for Belief Communities 7. The Right of Religious or Belief Communities in Turkey to Freedom in their Internal Affairs 7.1 Introduction 7.2 Freedom in Internal Affairs 7.2.1 The Right to Worship or Assemble in Connection with a Religion or Belief, and to Establish and Maintain Places for these Purposes 7.2.2 The Right to Teach a Religion or Belief in Places Suitable for these Purposes 7.2.3 The Right to Train, Appoint, Elect or Designate by Succession Appropriate Leaders Called by the Requirements and Standards of any Religion or Belief 7.2.4 The Right to Observe Days of Rest and to Celebrate Holidays and Ceremonies in Accordance with the Precepts of One’s Religion or Belief 8. Conclusion Bibliography Index "The right to freedom of religion or belief, as enshrined in international human rights documents, is unique in its formulation in that it provides protection for the enjoyment of the rights 'in community with others'. This book explores the notion of the collective dimension of freedom of religion or belief with a view to advance the protection of this right. The book considers Turkey which provides a useful test case where both the domestic legislation can be assessed against international standards, while at the same time lessons can be drawn for the improvement of the standard of international review of the protection of the collective dimension of freedom of religion or belief. The book asks two main questions: what is the scope and nature of protection afforded to the collective dimension of freedom of religion or belief in international law, and, secondly, how does the protection of the collective dimension of freedom of religion or belief in Turkey compare and contrast to international standards? In doing so it seeks to identify how the standard of international review of the collective dimension of freedom of religion can be improved."-- Provided by publisher