Zorunlu Din Dersi Konusunda AİHM’in Yorumu ve Sorunun Bu Doğrultu¬daki Çözümü
The Interpretation of the ECHR on Compulsory Religious Education and Solution of the Problem in This Direction

Summary/Abstract: ECHR (European Court of Human Rights) developed jurisprudences on compulsory religious education according to the provisions of Freedom of Thought, Conscience and Religion and the Right of Education in the European Convention on Human Rights. Whether the freedom is a form of absolute rights, systematic indoctrination, being compelled to reveal religious beliefs, religious discrimination and respect for parental beliefs is important. Although the obligation of the religious education is not banned, it should be conducted in an objective, critical and democratic manner and should contain exemption system appropriate for differences. In the interpretation of the convention while ECHR does not give any discretionary power to member countries for the restriction of rights, it is possible for the lecture whether compulsory or not and having syllabus. In the case of violation of the freedoms and the right of education due to the compulsory religious lecture, there are two ways in front of the countries: to ensure education appropriate to the democratic principles or to adapt an exemption system appropriate to them. Education of the lecture appropriate to the democratic principles is a way to be primarily chosen. Through the decision of Zengin/Turkey, ECHR holds violation of the right of education for Turkey on the compulsory religious education especially in the topic of Alewism. According to the jurisprudences of ECHR, what Turkey should do as a solution is primarily to regulate the syllabus of the lecture according to democratic principles and to ensure its functioning by teachers and the school administration. If not possible, at least the exemption system appropriate to the freedom of thought, conscience and religion should be applied.

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