Information Note on the Court’s case-law No. 65
June 2004
Çiftçi v. Turkey (dec.) - 71860/01
Decision 17.6.2004 [Section III]
Article 2 of Protocol No. 1
Right to education
Obligation to undergo religious training prior to attending school courses about the Koran: inadmissible
The applicant applied to the state school at which his son was a pupil for permission to enrol him in Koranic classes so that he could study the Koran and its interpretation. The national legislation provided for mandatory religious-education classes from primary school onwards, but required pupils to have completed primary schooling in order to be able to attend Koranic classes. The applicant’s son, who was under twelve years at the material time, had not completed his primary school education. The applicant unsuccessfully applied for exemption from this rule.
Inadmissible under Article 2 of Protocol No. 1: Domestic regulations on education must not pursue an aim of indoctrination that might be regarded as not respecting the parents’ religious and philosophical convictions.
In the instant case, the obligation to have obtained a primary school leaving certificate before attending Koranic classes was intended to ensure that minors who wished to receive religious training in Koranic classes had attained a certain “maturity” through the elementary education provided by primary schools. As such, this legal requirement did not amount to an attempt at indoctrination aimed at preventing religious education. This precondition sought to limit the possible indoctrination of minors at an age when they asked many questions and could be easily influenced by Koranic classes: manifestly ill-founded.
© Council of Europe/European Court of Human Rights
This summary by the Registry does not bind the Court.
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