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Cem Evleri Essay

4868 words - 19 pages

Ankara ÜniversitesiSİYASAL BİLGİLER FAKÜLTESİuluslararası İLİŞKİLER BÖLÜMÜAVRUPA İNSAN HAKLARI SÖZLEŞMESİ; Düşünce, vicdan ve inanç ÖZGÜRLÜĞÜ Bağlamında cemevleri sorunuOğuzhan KILIÇ 08080239GİRİŞAvrupa İnsan Hakları Sözleşmesi'nin "düşünce, vicdan ve din özgürlüğü" başlıklı 9. maddesiyle, kişilerin manevi alanlarında sahibi olduğu inançlar mutlak surette korunmakta, maddî alana tezahür eden uygulamaların kendisi ve bu uygulamaların sınırlandırılma rejimi düzenlenmektedir. İnanç özgürlüğünün kapsamı ve sınırlandırılma rejimini, Sözleşme organlarının bu konudaki kararları ışığında açıklamakta yarar vardır. Zira Sözleşme organları, AİHS madde 9 kapsamında meydana getirdiği içtihatlarla, inanç özgürlüğü gibi karmaşık ve çok yönlü bir konuyu izah etmekte başarılı olmuştur. İnanç özgürlüğü, AİHS madde 9' da ve Sözleşme organları içtihatlarında iki boyutta ele alınmaktadır. Birinci boyut, vicdan özgürlüğü olarak ifade edilmekte ve kişilerin manevi alanlarında varlık bulan inançlarını konu alarak, bu inançlara yönelik derin bağlılığa koruma sağlamaktadır. Birinci boyutta ele alınan haklar üç kategoride incelenir; bunlar "dilediği inanca mensup olma hakkı", "inancını dilediği yönde değiştirme hakkı" ve "inancını açıklamaya zorlanmama hakkı"dır.[2: Sözleşme organları ifadesi Avrupa İnsan Hakları Komisyonu'nu, "eski" Avrupa İnsan Hakları Mahkemesi'ni ve 11. Ek Protokol sonrası oluşturulan "yeni" Avrupa İnsan Hakları Mahkemesi'ni kapsamaktadır. Organlar arasında görüş ayrılığı olan ya da önem arz eden hallerde ise doğrudan ilgili organa atıfta bulunulmuştur.]İnanç özgürlüğü ve bu özgürlüğün sınırlandırılma durumunu konuşurken, ilk olarak "İnanç özgürlüğü hangi inançları korumaktadır?" sorusuna cevap vermek gerekir. Kişinin mensubu olduğunu iddia ettiği her inanç, inanç özgürlüğü kapsamında koruma görür mü?...

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