Discrimination

16 Discrimination in Turkey’s Education System
nities should have the following rights as regards
mother tongue and education.
The right to learn one’s mother tongue in state
schools
This right provides those who wish to do so with
the opportunity to learn their own language within
the formal education system through elective
courses. 18
The right to receive education in a mother
tongue at state schools
This right makes it possible for children whose
mother tongue is a language other than the official
language to receive an education in their mother
tongue. 19
Mother tongue education can be implemented
in various ways, and international agreements do
not provide specific definitions or limitations in
this regard. Models applied in various countries include
education in the minority language and the
official language simultaneously (i.e. multilingual
education) together with the teaching of at least
one foreign language, and education in the minority
language combined with the teaching of the official
language.
It is important to note that the implementation
of this right does not represent an obstacle to the
teaching of the state’s official language. Indeed, together
with the right to receive an education in the
mother tongue, international agreements protect
the right of the state to teach the official language.
The right to establish and run educational
institutions providing education in the mother tongue
This right allows communities to establish and
manage their own schools in which they can teach
their mother tongue and/or provide education in
their mother tongue and the official language. The
Hague Recommendations stipulate that legal and
administrative requirements regarding the estab-
18 ECRML, article 8/2; FCNM, article 14; UNESCO
Convention, article 5/1 (c).
19 FCNM, article 14; ECRML, article 8/1.
lishment and management of such educational institutions
should not be applied in a way that will
create injustice or hinder or prevent the enjoyment
of this right. 20
Participation and decentralization
According to the Hague Recommendations, the
participation of institutions representing members
of national minorities should be ensured when
developing regulations related to the educational
rights of minorities. 21
The recommendations point out the need for
regional and local authorities to be given the necessary
competences regarding minority education,
and for minorities to be included in the development
of policies on a regional and/or local level. 22
According to the recommendations, states
should take measures to promote the involvement
of parents in the education system at a local level
and to provide parents with choices on local educational
issues, including minority language education.
23
iii. Rights related to religion, belief and
education
The right to freedom of religion, belief and conscience
is among the fundamental rights guaranteed
by many international agreements. This right
includes the freedom for everyone to adhere to the
religion or belief of their choice, the freedom to
change religion or belief, the freedom to worship
and carry out the requirements of their belief in
public or private, and the freedom to choose whether
or not to declare their belief. 24 This right also provides
that no one shall be subject to pressure that
impairs their freedom to have or adopt the religion
or belief of their choice. 25 Restrictions can only be
placed on this right if prescribed by law, if there is
20 Hague Recommendations, recommendation no. 8
and 9.
21 Ibid., recommendation no. 5.
22 Ibid., recommendation no. 6.
23 Ibid., recommendation no. 7.
24 ICCPR, article 18; ECHR, article 9.
25 ICCPR, article 18/2.