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May 27, 2012
 
 
 
 
 
 

ECtHR ruling regarding religion box on IDs draws mixed reactions

A Turkish national identification card, which includes a “religion” information box, the existence of which is a violation of human rights according to the ECtHR.
14 February 2010 / FATMA DİŞLİ ZIBAK , İSTANBUL
A decision made by the European Court of Human Rights (ECtHR) early this month which ruled that listing religions on identity cards, whether obligatory or optional, is in violation of human rights, as well as the prospects of the removal of the religion box from IDs, have spurred mixed reactions from different segments of society with some voicing approval and others voicing disapproval of the ruling.
The landmark ruling by the European court came after a complaint filed with the court in June 2005 by Sinan Işık, who in 2004 applied to a Turkish court requesting that his identity card feature the word “Alevi” rather than the word “Islam.” Until 2006 it was obligatory in Turkey for the holder’s religion to be indicated on an identity card, yet since 2006 citizens have been entitled to request that the entry be left blank.

Işık, whose request was rejected by the Turkish court, applied to the ECtHR, which on Feb. 2 ruled 6-1 that Turkey had violated Article 9 of the European Convention on Human Rights, which covers the right to freedom of thought, conscience and religion. In its ruling, the court reiterated that the freedom to manifest one’s religion or beliefs had a negative aspect, namely an individual’s right not to be obliged to disclose his or her religion or to act in a manner that might enable conclusions to be drawn as to whether or not he or she held such beliefs.

Pir Sultan Abdal Cultural Association Chairman Fevzi Gümüş, an Alevi who welcomed the ECtHR ruling, said listing religions on IDs, as a result of the corrupt perception of secularism in Turkey, gives the state the opportunity to interfere in the private lives of citizens.

“The relation between a religion and an individual is a private one and it does not support the interest of the state as well as third parties. The state forcing its citizens to declare their religious beliefs and its listing of religion on citizens’ IDs is an apparent violation of the individuals’ rights. The state has to be in equal distance to all religions and should not force people to make their religious beliefs public,” explained Gümüş.

He also warned that listing religions on IDs may lead to discrimination against those who are not from society’s most widely-accepted religion. “In this respect, no religion should be listed on IDs. This is the most correct way,” said Gümüş.

The ECtHR ruling received support from some theologians while it was found inappropriate by others, who said the removal of religion box from IDs in line with the ECtHR ruling would damage one’s belongingness to their religion.

Professor İlhami Güler, an academic at the theology faculty of Ankara University, said it would be a necessary and right move to eliminate the religion box from IDs that force people to list their religions.

“The situations where the IDs are used are ones irrelevant to one’s religion. There is no need to let anyone know about one’s religion in the places IDs are used,” he said.

Former Religious Affairs Directorate head Tayyar Altınkulaç partly agreed and said listing religions on IDs was actually a violation of the 24th article of the Turkish Constitution, which says nobody can be forced to identify their religions. He suggested that it would be better to make listing religion on IDs optional and said that perhaps just those people who want their religion to be listed on their IDs can do so while those who do not want it on their IDs can leave that box empty.

When asked about his view regarding the ECtHR ruling, Prime Minister Recep Tayyip Erdoğan said the exclusion of the religion box on IDs would not make any difference. “Here, I do not see the ECtHR ruling as abnormal. The religion box may be removed from IDs, this is not a big thing,” Erdoğan said.

On the other hand, theologian Yavuz Ünal, a member of the Directorate of Religious Affairs’ High Commission said he does not find the complete removal of the religion box from the IDs a meaningful idea, noting that the existence of religious information on one’s ID reveals a person’s belongingness to a religion.

Ünal ruled out the argument that existence of this information on IDs would lead to any discrimination against individuals.

“After all, I find it meaningless to make this issue a subject of polemics,” Ünal indicated.

Star daily columnist İbrahim Kiras sees the other side of the coin and says the views of those who want the inclusion of the religion field on IDs should be also taken into consideration.

“There are people in this society who see and accept religion as a social institution. For these people, religion is an identity before all, and how these people will react to the removal of the religion field from their IDs should also carry some importance. But there is no one asking these people about their views,” complains Kiras.

 
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