The Clash Between Free Exercise Of Religion And Secularism Within The Turkish Legal System

Laicism as a model of separation between state and religion/secularism is often studied for its role in Turkey’s ideology of Republican nationalism. Turkish Constitutional Court should approach cases regarding free exercise not only as an issue of laicism but also as an issue of the relationship between laicism and free exercise. Considering the issue as one beyond just the separation of religion and state does not mean that religious sensibilities will always win or lose but it requires evaluating whether there is a violation of religious freedom as one of the fundamental rights and freedoms. This approach would be helpful to enable the coexistence of respect for religious beliefs and the state’s neutrality toward religion. Thus, fi rst, the development of Turkish practice of laicism and Constitutional Court’s approach towards free exercise issues are discussed. Finally, application of proportionality standard in cases of free exercise, which is guaranteed under the article 24 of the Constitution, is introduced and elaborated.