Violation of Cultural Rights of Kurds in Turkey

Abstract

The Turkish Constitution and legal system are based on the overriding principle of ‘national unity’ and do not permit the recognition of minority rights. This in itself is not inconsistent with the European Convention which does not protect minority rights as such. Therefore, while certain restrictions on the private use of Kurdish language and other Kurdish cultural expressions may fall foul of the right to freedom of expression and the rights to non-discrimination guaranteed under the Convention, other Kurdish cultural demands, for example for Kurdish language education would arguably fall outside the protection of the Convention. That minorities may sometimes need positive State assistance in order to promote their own identity has been recognised in recent minority rights instruments that have been adopted, inter alia, by the Council of Europe. This might encourage the interpretation of certain provisions of the Convention as including some positive State obligations to ensure the rights of minorities to express their own identity in the same way as other Convention rights have been interpreted as requiring positive State action for their fulfilment.