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in public sector, could not attend university for almost 30 years. Yet,
we received a complaint 3 years ago in 2013. Though the issue was
related to “head-scarf”, we submitted a recommendation to the Prime-
ministry and recommended to eliminate the statement of women
whose head is not covered, and indicated that this is against the
freedom of religion and conscience. In particular, we considered the
judgements of the ECtHR and the European Courts and the executive
branch complied with it. First thing first.
Secondly, though we are a secular state and people, the Constitution
envisaged the delivery of a class on “Religion and Moral Culture” in
schools, that is a constitutional obligation. Though Turkey is a secular
state, Turkish law and the state puts arrangements on the basis of
freedom of religion and conscience in order to respect the beliefs of
the Muslims who constitute the majority.
I just wanted to clarify that. Thank you.

CHAIR: You are welcome. You mentioned a very good topic Mr. Ömeroğlu,
you referred to Article 24 of our Constitution that is misunderstood by
some people. And you gave me an opportunity to explain it.
Article 24 says: “classes in schools on religion and moral culture are
mandatory but religious education is arbitrary”. We need to make a 3 rd INTERNATIONAL SYMPOSIUM ON OMBUDSMAN INSTITUTIONS
distinction here. A mandatory class gives general information about all
religions and common moral or ethical rules that apply in the world. This
is the mandatory class. In the next step, there comes the arbitrary one
providing education on religion. If a student is a minor, upon the permission
of the parents, a student may or may not attend such a class. If a student
is older than 18, she or he may or may not attend that class. In this step,
a student is trained about the religion he or she believes and personally,
if you also agree, if there is a non-Muslim student, he or she will have the
liberty of taking a class according to his or her wishes. We all agree.

I believe that Article 24 is a very well arranges provision. So, I also expressed
that.

Let me share a suggestion with you. The provision in sub-para b of the 3
rd
para of Article 17, says that the pending disputes at court or judiciary are
not subject to review.

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