Interim Resolution CM/ResDH(2024)125
Execution of the judgment of the European Court of Human Rights
Mansur Yalçın and Others against Turkey
(Adopted by the Committee of Ministers on 13 June 2024
at the 1501st meeting of the Ministers’ Deputies)
Application
Case
Judgment of
Final on
21163/11
MANSUR YALÇIN AND OTHERS
16/09/2014
16/02/2015
The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”);
Having regard to the final judgment transmitted by the Court concerning violation of Article 2 of Protocol No. 1 of the Convention on account of the compulsory nature of the religious culture and ethics classes in primary and secondary schools, with only limited possibilities of exemption, that offer no appropriate options for the children of parents who have a religious or philosophical conviction other than that of Sunni Islam;
Recalling that this issue has been pending before the Committee since 2008;
Noting with deep regret that despite the Court’s clear findings and the Committee’s repeated calls, religious culture and ethics classes remain compulsory, with very limited exemption procedure which is likely to subject pupils’ parents to a heavy burden and to the necessity of disclosing their religious or philosophical convictions in order to have their children exempted from the lessons in religion;
Recalling that revised curriculum of the compulsory religious culture and ethics classes cannot alleviate the need for appropriate options for the children of parents who have a religious or philosophical conviction other than that of Sunni Islam to opt out of compulsory religious education, without pupils’ parents being obliged to disclose their religious or philosophical convictions;
Underlining the obligation of every State, under the terms of Article 46, paragraph 1, of the Convention to abide by the final judgments of the Court to which they are a party, fully, effectively and promptly;
STRONGLY URGED the authorities to take the necessary measures to ensure that the Turkish education system fulfils the State’s duty of neutrality and impartiality towards the various religions, denominations and beliefs, respecting the principles of pluralism and objectivity, and offers appropriate options for the children of parents who have a religious or philosophical conviction other than that of Sunni Islam to opt out of compulsory religious education, without pupils’ parents being obliged to disclose their religious or philosophical convictions;
INVITED the authorities to provide information on the envisaged measures by the end of December 2024.