PRAVO NA SLOBODU VJERE
THE STRASBOURG COURT ON TURKEY AND HUMAN RIGHT TO FREEDOM OF RELIGION OR BELIEF: CRITICAL OVERVIEW IN THE LIGHT OF THE RECENT RULING IN THE CASE OF LEILA SHAHIN VS. TURKEY, JUNE 291h, 2004

Summary/Abstract: The issue in the case Shahin vs. Turkey is whether a Muslim student at the state university in Turkey has a human right to wear hijab at the university if she wishes so. The European court for human rights has ruled that ban on wearing hijab at the university represents interference ofthe state into the right of religious expression, but also that this measure was aimed at legitimately protecting the rights and freedoms of other and protecting the public order. The court has concluded that the intervention of the state in the Shahin case was based on two principles: secularism and gender equality. The court has also accepted that protecting the secular principles (Kamalistic laicism, in fact) can be viewed as necessary in protecting the democratic system in Turkey. lmposition of limitations on freedom in this area can, therefore, be viewed as fulfilling the urgent societal needs that do not breach the Article 9 of the European Convention on Human Rights.

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