Awareness of and support for human rights among Turkish university students

Human Rights Quarterly

Volumn 21, Issue 2, 1999, Pages 513-534

  Payaslyoolu, Arif ^a,b   Içduygu, Ahmet ^c,d  

^a MIDDLE EAST TECHNICAL UNIVERSITY   (Turkey)

^b ANKARA UNIVERSITY   (Turkey)

^c BILKENT UNIVERSITY   (Turkey)

^d AUSTRALIAN NATIONAL UNIVERSITY   (Australia)

Author keywords

[No Author keywords available]

Indexed keywords

HUMAN RIGHTS; PERCEPTION; STUDENT;

TURKEY;

EID: 0032803044     PISSN: 02750392     EISSN: None     Source Type: Journal    
DOI: None     Document Type: Article

References (130)

1. See, e.g., JACK DONNELLY, UNIVERSAL HUMAN RIGHTS IN THEORY AND PRACTICE 218-23 (1989).
2. The significant role of university student movements in politics is very well-known since the late 1960s. The Tiananmen Square incident in China in 1989 is a recent example. See, e.g., RUTH CHERRINGTON, CHINA'S STUDENTS: THE STRUGGLE FOR DEMOCRACY (1991).
3. For some details of the socio-political background of Turkey since the mid-1940s, see METIN HEPER, THE STATE TRADITION IN TURKEY 83-148 (1985); Metin Heper, State and Society in Turkish Political Experience, in STATE, DEMOCRACY AND THE MILITARY: TURKEY IN THE 1980s, at 1 (Metin Heper & Ahmet Evin eds., 1988); Andrew Mango, Understanding Turkey, 18 MIDDLE E. STUD. 194 (1984); LUCILLE W. PEVSNER, TURKEY'S POLITICAL CRISIS: BACKGROUND, PERSPECTIVES, PROSPECTS (1984).
4. For some details of the socio-political background of Turkey since the mid-1940s, see METIN HEPER, THE STATE TRADITION IN TURKEY 83-148 (1985); Metin Heper, State and Society in Turkish Political Experience, in STATE, DEMOCRACY AND THE MILITARY: TURKEY IN THE 1980s, at 1 (Metin Heper & Ahmet Evin eds., 1988); Andrew Mango, Understanding Turkey, 18 MIDDLE E. STUD. 194 (1984); LUCILLE W. PEVSNER, TURKEY'S POLITICAL CRISIS: BACKGROUND, PERSPECTIVES, PROSPECTS (1984).
5. For some details of the socio-political background of Turkey since the mid-1940s, see METIN HEPER, THE STATE TRADITION IN TURKEY 83-148 (1985); Metin Heper, State and Society in Turkish Political Experience, in STATE, DEMOCRACY AND THE MILITARY: TURKEY IN THE 1980s, at 1 (Metin Heper & Ahmet Evin eds., 1988); Andrew Mango, Understanding Turkey, 18 MIDDLE E. STUD. 194 (1984); LUCILLE W. PEVSNER, TURKEY'S POLITICAL CRISIS: BACKGROUND, PERSPECTIVES, PROSPECTS (1984).
6. For some details of the socio-political background of Turkey since the mid-1940s, see METIN HEPER, THE STATE TRADITION IN TURKEY 83-148 (1985); Metin Heper, State and Society in Turkish Political Experience, in STATE, DEMOCRACY AND THE MILITARY: TURKEY IN THE 1980s, at 1 (Metin Heper & Ahmet Evin eds., 1988); Andrew Mango, Understanding Turkey, 18 MIDDLE E. STUD. 194 (1984); LUCILLE W. PEVSNER, TURKEY'S POLITICAL CRISIS: BACKGROUND, PERSPECTIVES, PROSPECTS (1984).
7. See sources cited supra note 3; FEROZ AHMAD, THE MAKING OF MODERN TURKEY (1993); Metin Heper & E. Fuat Keyman, Double-Faced State: Political Patronage and the Consolidation of Democracy in Turkey, 34 MIDDLE E. STUD. 259 (1998); WILLIAM HALE, TURKISH POLITICS AND THE MILITARY (1994).
8. See sources cited supra note 3; FEROZ AHMAD, THE MAKING OF MODERN TURKEY (1993); Metin Heper & E. Fuat Keyman, Double-Faced State: Political Patronage and the Consolidation of Democracy in Turkey, 34 MIDDLE E. STUD. 259 (1998); WILLIAM HALE, TURKISH POLITICS AND THE MILITARY (1994).
9. See sources cited supra note 3; FEROZ AHMAD, THE MAKING OF MODERN TURKEY (1993); Metin Heper & E. Fuat Keyman, Double-Faced State: Political Patronage and the Consolidation of Democracy in Turkey, 34 MIDDLE E. STUD. 259 (1998); WILLIAM HALE, TURKISH POLITICS AND THE MILITARY (1994).
10. See M. Hakan Yavuz, Turkey's "Imagined Enemies": Kurds and Islamists, WORLD TODAY, Apr. 1996, at 99; AHMAD, supra note 4, at 218-19; Burhanettin Duran; Approaching the Kurdish Question via Adil Duran: An Islamist Formula of the Welfare Party for Ethnic Coexistence, 18 J. MUSLIM MINORITY AFF. 111 (1998).
11. See M. Hakan Yavuz, Turkey's "Imagined Enemies": Kurds and Islamists, WORLD TODAY, Apr. 1996, at 99; AHMAD, supra note 4, at 218-19; Burhanettin Duran; Approaching the Kurdish Question via Adil Duran: An Islamist Formula of the Welfare Party for Ethnic Coexistence, 18 J. MUSLIM MINORITY AFF. 111 (1998).
12. See M. Hakan Yavuz, Turkey's "Imagined Enemies": Kurds and Islamists, WORLD TODAY, Apr. 1996, at 99; AHMAD, supra note 4, at 218-19; Burhanettin Duran; Approaching the Kurdish Question via Adil Duran: An Islamist Formula of the Welfare Party for Ethnic Coexistence, 18 J. MUSLIM MINORITY AFF. 111 (1998).
13. On the recent question of Islamists versus secularists in Turkey, see Maryann Bird, Turkey on the Brink, TIME (Int'l ed.), 12 Jan. 1998, at 14.
14. See HUMAN RIGHTS FOUNDATION OF TURKEY, HUMAN RIGHTS REPORT 1995, at 47-148 (1997) (detailing the human rights violation dimension of the Kurdish question).
15. TÜRKIYE CUMHURIYETI ANAYASASI [Constitution] art. 3, ¶ 1 (Turk.),
16. reprinted in XIX CONSTITUTIONS OF THE COUNTRIES OF THE WORLD (Albert P. Blaustein & Gisbert H. Flanz eds., 1994) [hereinafter TURK. CONST.].
17. See, e.g., HALE, supra note 4, at 106-07, 176-78, 224-28; Robert W. Olson, Al-Fatah in Turkey: Its influence on the March 12 Coup, 9 MIDDLE E. STUD. 197 (1973); Nihat Erim, The Turkish Experience in the Light of Recent Developments, 26 MIDDLE E. J. 245, 248-49(1972); AHMAD, supra note 4, at 171, 210, 219.
18. See, e.g., HALE, supra note 4, at 106-07, 176-78, 224-28; Robert W. Olson, Al-Fatah in Turkey: Its influence on the March 12 Coup, 9 MIDDLE E. STUD. 197 (1973); Nihat Erim, The Turkish Experience in the Light of Recent Developments, 26 MIDDLE E. J. 245, 248-49(1972); AHMAD, supra note 4, at 171, 210, 219.
19. See, e.g., HALE, supra note 4, at 106-07, 176-78, 224-28; Robert W. Olson, Al-Fatah in Turkey: Its influence on the March 12 Coup, 9 MIDDLE E. STUD. 197 (1973); Nihat Erim, The Turkish Experience in the Light of Recent Developments, 26 MIDDLE E. J. 245, 248-49(1972); AHMAD, supra note 4, at 171, 210, 219.
20. See, e.g., HALE, supra note 4, at 106-07, 176-78, 224-28; Robert W. Olson, Al-Fatah in Turkey: Its influence on the March 12 Coup, 9 MIDDLE E. STUD. 197 (1973); Nihat Erim, The Turkish Experience in the Light of Recent Developments, 26 MIDDLE E. J. 245, 248-49(1972); AHMAD, supra note 4, at 171, 210, 219.
21. See, e.g., AHMAD, supra note 4, at 156; Feroz Ahmad, Politics and Islam in Modern Turkey, 27 MIDDLE E. STUD. 8 (1991).
22. See, e.g., AHMAD, supra note 4, at 156; Feroz Ahmad, Politics and Islam in Modern Turkey, 27 MIDDLE E. STUD. 8 (1991).
23. See EUROPEAN CENTRE FOR HIGHER EDUCATION (CEPES), UNESCO, HIGHER EDUCATION IN TURKEY (1990); STUDENT SELECTION AND PLACEMENT CENTER (ÖSYM), THE 1995-1996 ACADEMIC YEAR HIGHER EDUCATION STATISTICS (1996).
24. CHARLES HUMANA, WORLD HUMAN RIGHTS GUIDE, xvii, xix, 334-37 (3d ed. 1992).
25. Id. at 335.
26. See, e.g., TURKISH HISTORY FOUNDATION, HUMAN RIGHTS IN TURKEY: A PHOTOGRAPHIC ACCOUNT (1995).
27. See HALE, supra note 4, at 224-28.
28. For a related discussion, see, e.g., id. at 251-59; AHMAD, supra note 4, at 181-212; HUMANA, supra note 12, at 335.
29. See, e.g., AHMAD, supra note 4, at 184-85; AMNESTY INTERNATIONAL, AMNESTY INTERNATIONAL REPORT 1992, at 257-60 (1992); HUMAN RIGHTS WATCH, HUMAN RIGHTS WATCH WORLD REPORT 1996: EVENTS OF 1995, at 239-47 (1995).
30. See, e.g., AHMAD, supra note 4, at 184-85; AMNESTY INTERNATIONAL, AMNESTY INTERNATIONAL REPORT 1992, at 257-60 (1992); HUMAN RIGHTS WATCH, HUMAN RIGHTS WATCH WORLD REPORT 1996: EVENTS OF 1995, at 239-47 (1995).
31. See, e.g., AHMAD, supra note 4, at 184-85; AMNESTY INTERNATIONAL, AMNESTY INTERNATIONAL REPORT 1992, at 257-60 (1992); HUMAN RIGHTS WATCH, HUMAN RIGHTS WATCH WORLD REPORT 1996: EVENTS OF 1995, at 239-47 (1995).
32. For this information, and discussion of other human rights abuses in the succeeding text, consult the annual reports of Amnesty International, particularly AMNESTY INTERNATIONAL, AMNESTY INTERNATIONAL REPORT 1987, at 315-20 (1987); AMNESTY INTERNATIONAL, AMNESTY INTERNATIONAL REPORT 1991, at 228-30 (1991); AMNESTY INTERNATIONAL, AMNESTY INTERNATIONAL REPORT 1993, at 290-92 (1993).
33. For this information, and discussion of other human rights abuses in the succeeding text, consult the annual reports of Amnesty International, particularly AMNESTY INTERNATIONAL, AMNESTY INTERNATIONAL REPORT 1987, at 315-20 (1987); AMNESTY INTERNATIONAL, AMNESTY INTERNATIONAL REPORT 1991, at 228-30 (1991); AMNESTY INTERNATIONAL, AMNESTY INTERNATIONAL REPORT 1993, at 290-92 (1993).
34. For this information, and discussion of other human rights abuses in the succeeding text, consult the annual reports of Amnesty International, particularly AMNESTY INTERNATIONAL, AMNESTY INTERNATIONAL REPORT 1987, at 315-20 (1987); AMNESTY INTERNATIONAL, AMNESTY INTERNATIONAL REPORT 1991, at 228-30 (1991); AMNESTY INTERNATIONAL, AMNESTY INTERNATIONAL REPORT 1993, at 290-92 (1993).
35. AMNESTY INTERNATIONAL, AMNESTY INTERNATIONAL REPORT 1991, at 230-31 (1991).
36. The Council of Ministers, in Resolution No. 87-11439 of 22 January 1987, recognized the right for individuals to take complaints to the European Human Rights Commission. See OFFICIAL GAZETTE OF THE TURKISH REPUBLIC, 27 Sept. 1989, No. 20295, Joint Decree of the Council of Ministers, Decree No. 89-14563, at 6 (providing details on this Resolution).
37. The Turkish government recognized the decisions of the European Human Rights Court as binding by an Executive Decree having the Force of Law, No. 89-14563, dated 22 January 1987. See OFFICIAL GAZETTE OF THE TURKISH REPUBLIC, 27 Sept. 1989, No. 20295, Joint Decree of the Council of Ministers, Decree No. 89-14563, at 6.
38. Law 3686 of 5 December 1990 set up the Commission. See OFFICIAL GAZETTE OF THE TURKISH REPUBLIC, 8 Dec. 1990, No. 20719.
39. For a brief history of the Turkish Human Rights Foundation and its recent activities, see HUMAN RIGHTS FOUNDATION OF TURKEY, supra note 7.
40. Charter of Paris for a New Europe, adopted 21 Nov. 1991, Conference on Security and Co-operation in Europe, reprinted in BASIC DOCUMENTS ON HUMAN RIGHTS 474 (Ian Brownlie ed., 3d ed. 1992).
41. Charter of Paris for a New Europe, adopted 21 Nov. 1991, Conference on Security and Co-operation in Europe, reprinted in BASIC DOCUMENTS ON HUMAN RIGHTS 474 (Ian Brownlie ed., 3d ed. 1992).
42. See Ergun Ozbuden, Democratization of the Constitutional and Legal Framework, in THE THIRD TURKISH REPUBLIC 41, 46-47 (Metin Heper & Ahmet Evin eds., 1994).
43. See Human Rights Diary, TURKISH PROBE, 13 July 1993, at 17.
44. Human Rights Diary, TURKISH PROBE, 3 Aug. 1993, at 18.
45. See Avrupa Parlementosunda Turkiyede Insan Haklari Tartismasi (Debating on Human Rights in Turkey at the European Parliament), CUMHURIYET, 27 July 1994, at 3.
46. See id.
47. See, e.g., HUMAN RIGHTS WATCH, HUMAN RIGHTS WATCH WORLD REPORT 1998: EVENTS OF 1997, at 294 (1998).
48. See Avrupa Parlementosunda Turkiyede Insan Haklari Tartismasi (Debating on Human Rights in Turkey at the European Parliament), TURKISH DAILY NEWS, 28 Aug. 1994, at 5.
49. See Hugh Pope, Turkey: Progress or Cosmetics, MIDDLE E. INT'L, 3 Nov. 1995, at 13.
50. Issues of TURKISH PROBE, particularly in 1996 & 1997, explore these issues.
51. See Bird, supra note 6.
52. See Constitutional Court Decision, Base No. 1998/2, Decision No. 1998/1, Decision Date: 9.1.98, No. 23266, OFFICIAL GAZETTE OF THE TURKISH REPUBLIC, 22 Feb. 1998, at 19-348.
53. See, e.g., Nicole Pope, Turkey Refah Banned, MIDDLE E. INT'L, 30 Jan. 1998, at 14, 14-15.
54. Ahmet Içduygu & Arif Payaslyoolu, Youth Human Rights Survey (YHRS) Questionnaire (on file with authors) [hereinafter YHRS Questionnaire].
55. See TURK. CONST., supra note 8, art. 10, ¶ 6.
56. Id. art. 12.
57. Id. art. 17, ¶ 3.
58. Id art. 19, ¶ 4.
59. Id. art. 19, ¶ 9.
60. Id. art. 23, ¶ 3.
61. Id. art. 24, ¶ 1.
62. Id. art. 24, ¶ 5.
63. Id. art. 25, ¶ 1.
64. Id. art. 28, ¶ 2.
65. See International Covenant on Civil and Political Rights, adopted 16 Dec. 1966, G.A. Res. 2200 (XXI), U.N. GAOR, 21st Sess., Supp. No. 16, art. 27, U.N. Doc. A/6316 (1966), 999 U.N.T.S. 171 (entered into force 23 Mar. 1976), reprinted in BASIC DOCUMENTS ON HUMAN RIGHTS 134 (Ian Brownlie ed., 3d ed. 1992).
66. See International Covenant on Civil and Political Rights, adopted 16 Dec. 1966, G.A. Res. 2200 (XXI), U.N. GAOR, 21st Sess., Supp. No. 16, art. 27, U.N. Doc. A/6316 (1966), 999 U.N.T.S. 171 (entered into force 23 Mar. 1976), reprinted in BASIC DOCUMENTS ON HUMAN RIGHTS 134 (Ian Brownlie ed., 3d ed. 1992).
67. See International Covenant on Civil and Political Rights, adopted 16 Dec. 1966, G.A. Res. 2200 (XXI), U.N. GAOR, 21st Sess., Supp. No. 16, art. 27, U.N. Doc. A/6316 (1966), 999 U.N.T.S. 171 (entered into force 23 Mar. 1976), reprinted in BASIC DOCUMENTS ON HUMAN RIGHTS 134 (Ian Brownlie ed., 3d ed. 1992).
68. The regulation regarding the "publication in languages other than Turkish" has several implications for the Kurdish question in Turkey. Even though in 1991 the state authorities abolished "the Law on the ban of the Kurdish language," in effect since 1983, the use of the Kurdish language remains rather limited. For instance, these limitations take the form of not allowing radio and television broadcasting or education at schools in Kurdish. Consequently, the question of how the free expression of Kurdish ethnic interest is possible under the unitary principle of the Turkish state goes hand in hand with the question of the use of a mother tongue as a human rights issue. For Kurdish activists, the problem lies in Turkey's failure to recognize Kurdish cultural rights, for which the use of mother tongue is very essential. In response to the Kurdish challenges, the Turkish authorities argue that broader, wider language rights might contribute to growing "divisive" sentiments, and therefore that they are not desirable.
69. Universal Declaration of Human Rights, adopted 10 Dec. 1948, G.A. Res. 217 A (III), U.M. GAOR, 3d Sess. (Resolutions, part 1), at 71, U.N. Doc. A/810 (1948), reprinted in 43 AM. J. INT'L. L. SUPP. 127 (1949) [hereinafter UDHR].
70. Universal Declaration of Human Rights, adopted 10 Dec. 1948, G.A. Res. 217 A (III), U.M. GAOR, 3d Sess. (Resolutions, part 1), at 71, U.N. Doc. A/810 (1948), reprinted in 43 AM. J. INT'L. L. SUPP. 127 (1949) [hereinafter UDHR].
71. Id. art. 12.
72. Id. arts. 16(1), 16(2).
73. Id. art. 23(3).
74. 3 TURKISH CRIMINAL CODE art. 24 (Turk.) [hereinafter CIV. CODE].
75. 7 TURKISH CRIMINAL CODE arts. 480-90 (Turk.).
76. See TURK. CONST., supra note 8, art. 55, ¶ 2.
77. Civ. CODE, supra note 54, arts. 21, 152-54 (providing, respectively, that the domicile of the wife shall be that of her husband; the husband shall be the head of the family; the wife shall carry the family name of her husband; and the husband shall have the right to represent the family).
78. UDHR, supra note 50, art. 16(1). Apparently in contrast to Turkish law, the Universal Declaration provides: "Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and its dissolution." Id.
79. European Convention for the Protection of Human Rights and Fundamental Freedoms, opened for signature 4 Nov. 1950, 213 U.N.T.S. 221, Europ. T.S. No. 5 (entered into force 3 Sept. 1953).
80. See Protocol 6 to the Convention for the Protection of Human Rights and Fundamental Freedoms, opened for signature 28 Apr. 1983, art. 1, Europ. T.S. No. 114 (entered into force 1 Mar. 1985), reprinted in 22 I.L.M. 538 (1983).
81. See Protocol 6 to the Convention for the Protection of Human Rights and Fundamental Freedoms, opened for signature 28 Apr. 1983, art. 1, Europ. T.S. No. 114 (entered into force 1 Mar. 1985), reprinted in 22 I.L.M. 538 (1983).
82. See Protocol 4 to the Convention for the Protection of Human Rights and Fundamental Freedoms, opened for signature 16 Sept. 1963, art. 4, Europ. T.S. No. 46, (entered into force 2 May 1968), reprinted in 58 AM. J. INT'L L. 334 (1964).
83. See Protocol 4 to the Convention for the Protection of Human Rights and Fundamental Freedoms, opened for signature 16 Sept. 1963, art. 4, Europ. T.S. No. 46, (entered into force 2 May 1968), reprinted in 58 AM. J. INT'L L. 334 (1964).
84. TURK. CONST., supra note 8, art. 17, ¶ 4 .
85. According to the Turkish Constitution, death sentences passed by the courts can only be implemented upon confirmation by the legislative assembly, the Turkish Grand National Assembly, id. art. 87, which has not taken any such decision since 1983, and therefore no death sentence has been executed since that date.
86. GRUNDGESETZ [Constitution] [GG] art. 18, (F.R.G.) reprinted in VII CONSTITUTIONS OF THE COUNTRIES OF THE WORLD, supra note 8.
87. GRUNDGESETZ [Constitution] [GG] art. 18, (F.R.G.) reprinted in VII CONSTITUTIONS OF THE COUNTRIES OF THE WORLD, supra note 8.
88. CODE OF CRIMINAL PROCEDURE art. 135(a) (Turk.).
89. YHRS Questionnaire, supra note 37, at 2 (Question 10).
90. See, e.g., American Declaration on the Rights and Duties of Man, signed 2 May 1948, art. 3, OEA/Ser.L/V/II-71 (1988), reprinted in BASIC DOCUMENTS ON HUMAN RIGHTS, supra note 24, at 489, 489 ("Every person has the right to freely profess a religious faith and to manifest and practice it both in public and in private.") (emphasis added); African Charter on Human and Peoples' Rights, adopted 26 June 1981, art. 8, O.A.U. Doc. CAB/LEG/67/3 Rev. 5 (entered into force 21 Oct. 1986), reprinted in 21 I.L.M. 58 (1982) ("Freedom of conscience, the profession and free practice of religion shall be guaranteed.") (emphasis added).
91. See, e.g., American Declaration on the Rights and Duties of Man, signed 2 May 1948, art. 3, OEA/Ser.L/V/II-71 (1988), reprinted in BASIC DOCUMENTS ON HUMAN RIGHTS, supra note 24, at 489, 489 ("Every person has the right to freely profess a religious faith and to manifest and practice it both in public and in private.") (emphasis added); African Charter on Human and Peoples' Rights, adopted 26 June 1981, art. 8, O.A.U. Doc. CAB/LEG/67/3 Rev. 5 (entered into force 21 Oct. 1986), reprinted in 21 I.L.M. 58 (1982) ("Freedom of conscience, the profession and free practice of religion shall be guaranteed.") (emphasis added).
92. See, e.g., American Declaration on the Rights and Duties of Man, signed 2 May 1948, art. 3, OEA/Ser.L/V/II-71 (1988), reprinted in BASIC DOCUMENTS ON HUMAN RIGHTS, supra note 24, at 489, 489 ("Every person has the right to freely profess a religious faith and to manifest and practice it both in public and in private.") (emphasis added); African Charter on Human and Peoples' Rights, adopted 26 June 1981, art. 8, O.A.U. Doc. CAB/LEG/67/3 Rev. 5 (entered into force 21 Oct. 1986), reprinted in 21 I.L.M. 58 (1982) ("Freedom of conscience, the profession and free practice of religion shall be guaranteed.") (emphasis added).
93. See, e.g., American Declaration on the Rights and Duties of Man, signed 2 May 1948, art. 3, OEA/Ser.L/V/II-71 (1988), reprinted in BASIC DOCUMENTS ON HUMAN RIGHTS, supra note 24, at 489, 489 ("Every person has the right to freely profess a religious faith and to manifest and practice it both in public and in private.") (emphasis added); African Charter on Human and Peoples' Rights, adopted 26 June 1981, art. 8, O.A.U. Doc. CAB/LEG/67/3 Rev. 5 (entered into force 21 Oct. 1986), reprinted in 21 I.L.M. 58 (1982) ("Freedom of conscience, the profession and free practice of religion shall be guaranteed.") (emphasis added).
94. For an example of the debates concerning Article 18 of the Universal Declaration, see JOHN P. HUMPHREY, HUMAN RIGHTS AND THE UNITED NATIONS: A GREAT ADVENTURE 67-68, 73 (1984).
95. TURK. CONST., supra note 8, art. 24, ¶ 1 (emphasis added).
96. Id. art. 24, ¶ 4.
97. After the Constitution went into effect, however, this omission resulted in the awkward situation where the children of non-Islamic families were taking compulsory education in Islam along with Muslim students. Authorities later corrected this singularity by exempting non-Islamic students from the "Islamic parts" of the "religious culture and moral education" courses. See Resolution of the High Board of Education and Training Concerning the Basic Principles of the Religious Culture and Moral Education, 3 Oct. 1986, 49 TEBUDLER DERGISI (COMM. J.), No. 2219, 20 Oct. 1986, at 25-27. Another resolution made in 1990 by the same Board reads: "Religious culture and moral education courses shall not be compulsory for those students who are Turkish citizens belonging to Christian and Judaic faiths and studying in non-minority Turkish primary and secondary schools provided that they document their religious affiliation." 53 TEBLIDLER DERGISI (COMM. J.), No. 2317, 23 July 1990, at 17-22. This is an indirect admission that the so-called religious culture and moral education courses were teaching pure Islam. Besides these compulsory courses of religion in primary and secondary schools, the Constitution states that "[ojther religious education and instruction shall be subject to the individual's own desire, and in the case of minors, to the request of their legal representatives." TURK. CONST., supra note 8, art. 24, ¶ 4. Even secularist political parties understand this provision to mean that the state is under the obligation to provide additional religious education if and when it is requested. In other words, it is interpreted not as a matter of discretion for the state to meet such demands, but an obligation that must be honored. As a consequence of this understanding, the government decided to organize special Koran courses through the Presidency of the Religious Affairs in August 1997. As expected, this kind of supplementary or advanced religious education has so far only been requested by Muslims; it would be an interesting test if citizens with other religious affiliations requested similar services from the state.
98. After the Constitution went into effect, however, this omission resulted in the awkward situation where the children of non-Islamic families were taking compulsory education in Islam along with Muslim students. Authorities later corrected this singularity by exempting non-Islamic students from the "Islamic parts" of the "religious culture and moral education" courses. See Resolution of the High Board of Education and Training Concerning the Basic Principles of the Religious Culture and Moral Education, 3 Oct. 1986, 49 TEBUDLER DERGISI (COMM. J.), No. 2219, 20 Oct. 1986, at 25-27. Another resolution made in 1990 by the same Board reads: "Religious culture and moral education courses shall not be compulsory for those students who are Turkish citizens belonging to Christian and Judaic faiths and studying in non-minority Turkish primary and secondary schools provided that they document their religious affiliation." 53 TEBLIDLER DERGISI (COMM. J.), No. 2317, 23 July 1990, at 17-22. This is an indirect admission that the so-called religious culture and moral education courses were teaching pure Islam. Besides these compulsory courses of religion in primary and secondary schools, the Constitution states that "[ojther religious education and instruction shall be subject to the individual's own desire, and in the case of minors, to the request of their legal representatives." TURK. CONST., supra note 8, art. 24, ¶ 4. Even secularist political parties understand this provision to mean that the state is under the obligation to provide additional religious education if and when it is requested. In other words, it is interpreted not as a matter of discretion for the state to meet such demands, but an obligation that must be honored. As a consequence of this understanding, the government decided to organize special Koran courses through the Presidency of the Religious Affairs in August 1997. As expected, this kind of supplementary or advanced religious education has so far only been requested by Muslims; it would be an interesting test if citizens with other religious affiliations requested similar services from the state.
99. See TURK. CONST., supra note 8, arts. 2, 4, 24, ¶ 4.
100. The number of positions totaled 88,591 in 1996. See generally 1996 STATISTICS OF THE PRESIDENCY OF RELIGIOUS AFFAIRS, No. 7 (1997). The authors gleaned this figure, and the other statistics in this section, from various parts of the above source.
101. See Bahattin Aksit, Islamic Education in Turkey: Medrese Reform in Late Ottoman Times and Iman-Hatip Schools in the Republic, in ISLAM IN MODERM TURKEY: RELIGION, POLITICS AND LITERATURE IN A SECULAR STATE 145, 149-50 (Richard Tapper ed., 1991); see also BINNAZ TOPRAK, ISLAM AND POLITICAL DEVELOPMENT IN TURKEY 50 (1981).
102. See Bahattin Aksit, Islamic Education in Turkey: Medrese Reform in Late Ottoman Times and Iman-Hatip Schools in the Republic, in ISLAM IN MODERM TURKEY: RELIGION, POLITICS AND LITERATURE IN A SECULAR STATE 145, 149-50 (Richard Tapper ed., 1991); see also BINNAZ TOPRAK, ISLAM AND POLITICAL DEVELOPMENT IN TURKEY 50 (1981).
103. For the role of political parties in the rise of Islamic values and institutions, see TOPRAK, supra note 74, at 91-121.
104. For related discussion, see, e.g., Umit Cizre Sakallioglu, Parameters and Strategies of Islam-State Interaction in Republican Turkey, 28 INT'L J. MIDDLE E. STUD. 231, 244-47 (1996).
105. See Metin Heper, Islam and Democracy in Turkey: Toward a Reconciliation?, 51 MIDDLE E. J. 32 (1997).
106. See id. at 32; STATE INSTITUTE OF STATISTICS, REPUBLIC OF TURK., STATISTICAL YEARBOOK OF TURKEY 216 (1997).
107. See id. at 32; STATE INSTITUTE OF STATISTICS, REPUBLIC OF TURK., STATISTICAL YEARBOOK OF TURKEY 216 (1997).
108. See Heper & Keyman, supra note 4, at 270-71.
109. See id. at 271.
110. See Nicole Pope, Turkey, from Welfare to Virtue, MIDDLE E. INT'L, 27 Feb. 1998, at 13-14.
111. Even disregarding religious doctrine, one need only consider the significant criticism that the world's Islamists professed toward authors Salman Rushdie of the United Kingdom and Aziz Nesin of Turkey, both of whom were atheist and often critical of Islam.
112. General Comment No. 22, adopted 20 July 1993, U.N. GAOR, Hum. Rts. Comm., 48th Sess., 1247th mtg., addendum, ¶ ¶ 2, 5, U.N. Doc. CCPR/C/21/Rev.1/Add.4 (1993) (regarding Article 18 of the ICCPR dealing with the right to freedom of thought, conscience and religion), reprinted in Compilation of General Comments and General Recommendations Adopted by the Human Rights Treaty Bodies, at 35, U.N. Doc. HRI/Gen/1/Rev.1 (1995).
113. Id. ¶ 2.
114. Id. ¶ 5. In another paragraph of the General Comment, the Committee noted that public educational "instruction of a particular religion or belief is inconsistent with article 18.4 unless provision is made for non-discriminatory exceptions or alternatives that would accommodate the wishes of parents." Id. ¶ 6.
115. Of course, it is not fair to say that all people who might be perceived as Islamists in Turkey are the people who wish to have an Islamic society or state. One can see a wide range of beliefs and thoughts among them. Here it is meaningful to refer to the statement of Heper and Keyman, well-known political scientists in Turkey: Erbakan's RP [Islamist Welfare Party], which at least to some people in the past had giving the impression of being a party that aimed at making Turkish society more Muslim rather than rendering the Turkish state an Islamic one, now seemed to many, most critically to the army, as a party longing for an Islamic state. Heper & Keyman, supra note 4, at 270.
116. One can remember the statement of Erbakan, who was the leader of the Islamist Welfare Party, which carried this remark: "[T]he religiously-oriented coming to power even by shedding blood if necessary . . ." Hurriyet, TURKISH DAILY, 4 Apr. 1994, at 1.
117. OFFICIAL GAZETTE OF THE TURKISH REPUBLIC, Constitutional Court Decision, Base No: 1998/2, Decision No: 1998/1, Decision Date: 9.1.98, No. 23266, 22 Feb. 1998, at 19-348.
118. YHRS Questionnaire, supra note 37, at 2 (Question 9).
119. Id. at 2 (Question 12).
120. Id. at 1 (Question 2).
121. Only three students out of 1025 wrote "I don't know" for some questions.
122. It may be interesting to compare this and some other findings on the same issues mentioned above with the ones found concerning the attitudes toward religion in a study done on Turkish college youth of forty years ago. In that study some of the comparable findings were as follows: When asked what accomplishment would bring them greatest pride, only one per cent mention[ed] something in the sphere of religion . . . . When asked about the two worst events that could conceivably happen, less than one per cent mention[ed] a "loss of religious faith." On the rating of the importance of the six sectors of life, the religious sphere receiveld] the lowest rating . . . 69 per cent answered "yes" to a direct question on the necessity of having some form of religious orientation or belief in order to achieve a "fully mature philosophy of life." Herbert H. Hyman et al., The Values of the Turkish College Youth, 22 PUB. OPINION Q. 275, 285 (1958). Thus the university students of today do not seem to be more religious than their fathers in spite of the much more prominent role of religion in public education and in politics.
123. YHRS Questionnaire, supra note 37, at 1 (Question 1).
124. Id. at 1 (Question 2).
125. Id. at 3 (Question 15).
126. Id. at 3 (Question 14).
127. Id. at 2 (Question 10). That is, 47 percent believed the regulation existed, but it does not.
128. Id. at 2 (Question 13).
129. Id. at 2 (Question 10).
130. Id. at 3 (Question 16).