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In Refah Partisi (the Welfare Party) and Others v. Turkey, the European Court of Human Rights sided with the Turkish Constitutional Court, which had ordered the dissolution of the party based on its being a threat to secular constitutional order. Brett G. Scharffs (International Center for Law and Religion Studies) explains why and how his and his students’ opinions about the Refah Partisi case have changed over the years and why he no longer considers the Court’s decision to be an overreaction.
On my office shelves is a copy of the Rodin sculpture La Cathédrale, depicting two hands. I often begin presentations by asking people in the audience to try to recreate the image. What usually happens is that people try to do this by themselves but quickly find they can’t. In fact, it can’t be recreated without somebody else because it depicts two right hands. To me, the sculpture is symbolic of interfaith engagement—of the need for different, distinct entities to create engagement and relationship. But the sculpture also represents the relationship and engagement between education and freedom of religion or belief: You can’t have freedom of religion or belief without education, and you shouldn’t have education without freedom of religion or belief (FoRB).
On 17 March 2026, the European Court of Justice (CJEU) issued a judgment regarding Catholic institutions in Germany and their employment relationships, in Katholische Schwangerschaftsberatung v. JB. The ruling established that a Catholic employer, in this case a pregnancy counseling office at Caritas, cannot terminate a contract of employment solely on the basis of the employee’s leaving the Catholic Church. The Court determined that such a dismissal constitutes unequal treatment, unless the employee’s church membership is a genuine, legitimate, and necessary requirement for the specific occupation. While acknowledging the right of churches to self-determination in employment matters, the CJEU determined the dismissal to be unlawful, as the employer did not generally require staff to be Catholic and had employed non-Catholics in similar roles.
I would like to join others in thanking the High Commissioner for Human Rights for organizing this panel discussion on Human Rights Council Resolution 55/17, Human Rights and a Culture of Peace, adopted two years ago, on 4 April 2024. This was a remarkable achievement, not least because it was the result of a genuinely cross-regional effort that departed from earlier United Nations Declarations regarding the right to peace. Adopted by consensus at a time of deep political polarization, the Resolution on Human Rights and a Culture of Peace represents an accomplishment that deserves special attention, recognition, and commendation.
In my brief time, I would like to emphasize three observations that I hope will contribute to the shared “experiences, good practices, achievements, challenges and lessons learned concerning strategies for how protecting human rights contributes to promoting and strengthening a culture of peace” (A/HR/RES/55/17 16(a)).
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