The Leyla Şahin v. Turkey Case Before the European Court of Human Rights

Abstract

The European Convention on Human Rights (ECHR) was largely influenced by the Universal Declaration of Human Rights, as a more precise expression of human rights that members of the European Council could support and ratify. All of the members of the European Council have proceeded to sign the Convention. While the Convention has made great strides in bringing awareness to human rights issues, there are still doubts concerning how well religious freedoms are being preserved. The decision to uphold the banning of headscarves in certain universities in Turkey is an example of how religious freedom has been limited by the European Court of Human Rights' interpretation of Article 9. Article 9 states in paragraph 1: “Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief and freedom, either alone or in community with others and in public or private, to manifest his religion or belief, in worship, teaching, practice and observance”. This Article proceeds to state in paragraph 2, which has assumed central importance recently, “Freedom to manifest one's religion or beliefs shall be subject only to such limitations as are prescribed by law and are necessary in a democratic society in the interest of public safety, for the protection of public order, health or morals, or for the protection of the rights and freedoms of others”.