Communicated on 18 September 2017
SECOND SECTION
Application no. 52772/08
Mehmet Emin İNCE
against Turkey
lodged on 30 October 2008
SUBJECT MATTER OF THE CASE
The application concerns the ban on wearing a beard at university and the refusal of the applicant’s attendance to classes and practical trainings whilst wearing a beard as part of his religious observance. The applicant was suspended a number of times from the Faculty of Medicine at Sivas Cumhuriyet University with disciplinary sanctions on account of non-compliance with clothing regulations because he had a beard, which subsequently resulted in his exclusion from the university. The applicant was able to return and complete his studies only after an amnesty was issued in October 2008.
QUESTIONS tO THE PARTIES
1. Has there been a violation of the applicant’s right to respect for his private and family life (Article 8 of the Convention), or his right to freedom of religion (Article 9 of the Convention)? In particular was the interference prescribed by law [in accordance with the law] and necessary in terms of Article 8 § 2 and Article 9 § 2? (see, a contrario, Tığ v. Turkey (dec.), no. 8165/03, 24 May 2005; see also Leyla Şahin v. Turkey [GC], no. 44774/98, §§ 70-166, ECHR 2005‑XI, and Eweida and Others v. the United Kingdom, nos. 48420/10 and 3 others, §§ 79-95, ECHR 2013 (extracts))
2. Has the applicant been denied the right to education, guaranteed by Article 2 of Protocol No. 1, having regard to the refusal of applicant’s attendance to classes at university whilst wearing a beard as part of his religious observance? In particular, the restriction on having a beard at the universities,
(a) Was it foreseeable for the applicant?
(b) Did it pursue a legitimate aim?
(c) Was it proportionate to the aim pursued?
(see, a contrario, Tığ v. Turkey (dec.), no. 8165/03, ECHR 24 May 2005; see also Leyla Şahin v. Turkey [GC], no. 44774/98, §§ 152-162, ECHR 2005‑XI.)
- The parties are requested to submit information on the relevant domestic law and practice regarding the ban on having a beard in institutions of higher education, including internal rules of the educational institution concerned.
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