Cyprus Education System: a native’s perspective

Written by Pervin Derin Erk

Cyprus is a small island with big issues; politically ambiguous, economically unstable, physically divided and socially discriminative. A long-standing ethnic conflict that has the island divided with a recognised legal republic in the southern part and a de facto state in the northern part of Cyprus. The relationship between the two sides is essentially based on mistrust, a bloody history, and disagreements on the past, present and the future. Within this context, education is one of many areas that the island faces challenges in. There are a lot of things that need to be improved in the education system of the island, but I will lay down the top problems I have experienced or have seen my peers experience. So, from a native’s perspectives, here are the educational challenges in Cyprus…  

Background

First, let’s explore the brief history of the island and its current social conditions. Cyprus is an island in the Eastern Mediterranean and was visited colonised by many civilisations over history. Currently, the island’s natives belong to four distinct ethnic groups, which are Greek, Turkish, Maronite and Armenian Cypriots.1 The two main ethnic groups, the Greek and Turkish groups have been in conflict for the past century, which has led to the division of the island between the Greek-speaking groups (Greek, Maronite, and Armenian Cypriots) and the Turkish-speaking group. The two sides essentially have their own governments and their own education systems, even though the northern administration is not recognised by any international organisation or country apart from Turkey, its neo-colonialist. To keep this article as clear and inclusive as possible, I will focus on the challenges in both states’ educational systems, as well as what happens when the two groups interact in schools.  

Republic Schools and Their Turkish-Speaking Students  

The quality of education is considered better by many Turkish-speaking Cypriots and therefore families that can afford it send their kids to the private schools in the Republic. This leads to the problem of biased curriculum against the Turkish-speaking students as well as a language barrier in the communication among students and with their Greek-speaking teachers. Even though there are Greek lessons for Turkish speakers and Turkish for Greek speakers, the language abilities do not reach a point where there can be fluent and effective communication in either language. This, coupled with a general racism towards each other, makes the experience of education more difficult and discriminative than it should be. As a result, the learning environment and the learning experience is not as welcoming for non-Greek speaking students. They make up a small percentage of the entire student population but deserve the same level of quality and experience as their Greek-speaking classmates get.  

Moreover, the divided nature of the island has led to divided views on its history. As mentioned before, the relationship between the two sides is based on mistrust and disagreement. Curriculums created within such an atmosphere are not objective and can be violent. Not violent in the sense that history teachers physically abuse their Turkish-speaking students, but violent in the sense that the use of bloody and gruesome imagery history books, or the listing of every person killed in the armed conflict phase. This may seem trivial but imagine being one of the only Turkish-speaking students in the class and seeing the Turkish names on the history books and having them be accused of murder.

What About Northern Cyprus? 

The curriculum in the north is influenced heavily by Turkey and relies on the regime’s approval to be taught in schools. The regime does not do this openly, but rather by interfering with the local politics and ensuring its allies sit in high places. By doing this, Turkey holds the northern part of Cyprus and subsequently its education system in its fist. Let me explain further with a personal anecdote… 

I went to a public college, considered the best school in the northern part of the island. It was renowned for its educational quality and the teaching staff, who would have to wait in line for many years to be appointed to the school. For the ‘Religious Studies and Morality’ course, a teacher would be appointed from Turkey, given the lack of interest in religious studies by the locals. In my first year there, we had a religion teacher who was a good and understanding teacher. Let’s call him X. When we went back to school the next year for grade 7, X had been replaced. At the time, we did not give this much thought since the replacement of teachers, especially for religious studies was common. A couple years later, the subject of religious education came up in another class and, as an example, our teacher casually mentioned X and how he got sent back after being discovered as a Turkish spy, if we had already heard about it. The class was in shock. A spy?! That guy?!  

We questioned the teacher further and she finally admitted that he used to listen in to the teachers’ conversations in the teachers’ lounge and whenever he heard something suspicious or anti-regime, he would report it to the Turkish government. A group of teachers started suspecting him after some time, though I forget why exactly, and requested an investigation. Sure enough, he was confirmed to be a spy and was sent back before the new school year. That was the first time we, as students, felt exposed and vulnerable. We had been so sure of our safety because our state could, to a certain extent, still have some autonomy. Luckily, when we were told of this, the religious studies phase of our education was already over. 

After this experience, it all started to jump out at us. The specific words used in the history curriculum and how our anti-regime teachers would make us ignore pages and pages of information for their unnecessarily long and detailed incidents; the pictures used, and the people it depicted… it all became clearer and more obvious. Even our Cypriot history books were printed and published in Turkey first. This bias and tight grip on the education of Northern Cypriot students not only creates a certain kind of knowledge, but also hampers accurate and broad knowledge production. As a result, students are fed certain propaganda that is anything but peaceful towards their fellow Cypriots on the southern side of the island. So, what kind of a generation is this curriculum raising and how can we expect improvement if we are taught to ruminate over the past still instead of moving forward? 

What Other Problems Are There?  

The teacher shortages, inadequate special needs education, policy mismatch and more can be further discussed and analysed.  

Compared to the other EU-27 countries, investment in education per student remains high in Cyprus in except at pre-primary level. However, it seems that this funding is not being diverted in a balanced way, with the special needs education not receiving sufficient funding.  

Further, the institutionalisation of gender disparities, sexist ideologies, and homophobia, coupled with a lack of sex education adds to the educational quality and integrity, as well as the experience of these for students of different backgrounds.  

Conclusion and Suggestions 

There is a lot to be done in the realm of education in Cyprus, for both the Republic and the northern part. To tackle the many challenges, there needs to be a concrete understanding of the institutionalised racism against Turkish speakers. It cannot be brushed under the carpet, nor can it be accepted as a thing that just is the way it is. The quality of education and the educational ambitions of students should not be undercut by the discrimination faced at schools from their peers, or from their lesson materials. 

What is more, a lot more research needs to be done. Empirical research about the educational experiences of students of different backgrounds is crucial to have a concrete understanding of how they are affected. By doing this, certain policies and lessons can be adjusted to be more welcoming and less discriminative to students. It would also highlight the areas that the curriculums are lacking in and see what students need to be taught in schools, such as a broader sex education. There also needs to be thorough statistical research that would clearly show the funding and policy imbalances as well as how many students are benefitting from it (e.g.: dropout rates).  

All these changes and research are difficult and time-intensive projects that will take years upon years to complete and implement, but better late than never!  

References  

Zembylas, M. (2010). Greek-Cypriot teachers’ constructions of Turkish-speaking children’s identities: critical race theory and education in a conflict-ridden society. Ethnic and Racial Studies, 33(8), 1372-1391. 

Cover Image via Freerangestock

Nepal: Discrimination in the Educational System

Written by Iasmina-Măriuca Stoian

Nepal, also known as the Federal Democratic Republic of Nepal, is situated in the southern part of the Himalayas.  It is famous for its breathtaking mountainous landscapes, diverse population, and rich cultural and spiritual heritage. However, behind this picturesque panorama lies a more stressful landscape full of millions of children facing a serious and persistent issue, spread all over the country. An issue which has been affecting the country’s prosperity and aspiration for socio-economic development.

Inclusion and access to education are two fundamental rights enshrined in the Universal Declaration of Human Rights (UDHR), specifically in Article 26. Furthermore, the education given must be provided without discrimination, as it is linked to another fundamental right, freedom from discrimination, as stated in Article 7.

However, the discrimination in the educational system in Nepal seems to have numerous causes, from political conflicts, that cause disruptions and displacements of entire families, to socio-economic backgrounds, that include poverty, inadequate infrastructure, and others. This article aims to explain the fragile connection between the causes and the results, namely the types of discrimination that exist in the educational system in Nepal. It will further present some of the solutions for those issues and the government’s perspective for the future, according to the School Education Sector Plan (2022)

Origin-based discrimination

While the term “Dalit” does not have an official definition, it can be understood from the Nepalese context as “untouchables” persons or as a minority caste group that is (especially) educationally disadvantaged. In Nepal, Dalits experience a poverty rate of 42%, compared to the national average of 25.2% (International Dalit Solidarity Network, 2021). While poverty is not a direct cause for educational exclusion for Dalit groups, it is one of the factors that lowers this group on the caste hierarchy

Despite the adoption of the Caste-based Discrimination and Untouchability (Crime and Punishment) Act in 2011, cast-based violence and discrimination towards Dalit people are still a reality. In the educational system, there is a discrepancy between what is taught in classrooms and what is effectively happening. While teachers are not always showing direct discrimination, some cases show the tendency to avoid staying, drinking or eating near them, a sort of ‘hidden’ or ‘silent’ discrimination. Caste-based discrimination is therefore one of the reasons why Dalit students are falling behind in education, whether it is related to the accessibility to education or discriminatory behaviour from other students or teachers. On a further basis, this discrimination can lead to other issues, such as the higher risk of child labour compared to other children.

Gender biases

In Nepal, Dalit female students experience double discrimination, as they are both females and part of Dalit culture. According to a survey from 2020 (World Economic Forum, 2020), Nepal is ranked as the 101st out of 153 countries on the Gender Gap Index. The statistics reflect gender-based discrimination on enrolment rates, dropout rates and academic performance rates. What is interesting is that, like origin-based discrimination, gender biases are interconnected with educational exclusion, influenced by social, cultural, and economic factors.

In the socio-cultural context, there is a tendency towards a patriarchal system of social relations, where male students experience less discrimination than female ones, and girls are under the burden of housework. Even the educational system promotes gender inequality, by providing textbooks and other materials that lack female representation or are mostly presented as passive characters. In contrast, male characters are represented as the main source of knowledge and wisdom.

Disability inequity

This issue has an underlying bigger issue, at the national level. It was reported that the current national disability classification system is very restrictive and does not meet international standards. Moreover, it lacks proper collection of data regarding persons with disabilities both inside and outside the school children. In the end, more and more children not only lack proper access to education, but they are also victims of discrimination, abuse and other injustices, but nothing has changed. Only about 50% of schools in Nepal are providing remote teaching and learning support for students with disabilities (Sherpa et al., 2020). This number increased especially after the pandemic. However, not only the quantity is important, but the quality of education given also plays a crucial role.

Despite the progress in policy and the adoption of new policies to promote disability rights, such as the Disability Rights Act and an Inclusive Education Policy for Persons with Disabilities in 2017, children are still offered poor education and are facing discrimination. Segregation from other children from other classrooms is one form of discrimination, as children with any kind of disabilities are divided from the other students, despite some children’s wish to learn in the same classrooms as normal people, according to some interviews conducted by Human Rights Watch. In the end, the lack of trained teachers, lack of reasonable accommodations, physical accessibility and segregation are some of the obstacles that are a constant burden on the backs of children with disabilities in Nepal.

Language barriers

This issue is closely linked to the discrimination between indigenous children in schools. Nepal, apart from its  diverse culture, is also one of the most linguistically diverse countries in the world, having 123 spoken languages and ethnic groups, according to the Census Report from 2011. Moreover, 36% of the total number of children in Nepal are indigenous. However, children from minority language backgrounds or who have limited proficiency in Nepali, also have limited access to education, while some children have access to education in their native language. As a result, the lack of educational materials combined with the lack of trained teachers in different languages heavily affects the education process of students who are indigenous or from minorities, leading to low academic performances, illiteracy, and high dropout rates.

Future Perspectives and solutions

To mitigate those issues, the Government took steps to improve the educational system and lower the discrimination rate. Most of them are outlined in the School Education Sector Plan, drafted by the Ministry of Education, Science and Technology.

Among the proposed solutions, the ministry highlighted the need to adopt an inclusive curriculum in schools that ensures equity (especially) for students that come from marginalized groups, such as the Dalits, and ones with disabilities. The plan also includes making the education system more effective, improving its quality, and including alternative pathways of education to be more accessible. Additionally, there is a recognized need for multilingual education to eradicate language-based discrimination and for more trained teachers and staff, for the purpose of encouraging community engagement.

Some policies drafted by UNICEF also recognize the need for collaboration between international organizations and the government, to make sure children’s rights are protected and help with implementing more protective programs.

Lastly, it is important to monitor and closely look at the progress, in the hope that is ensured the effectiveness of the policies and accountability in the battle to eliminate discrimination in the educational sector.

Reflections and summary

Reflecting on the multi-layered issues that affect the educational system in Nepal, discrimination is a main barrier to equitable education, whether it is based on origin, gender, disability or language. Despite the government’s efforts to tackle this issue, the problem persists. The mixture of the social, economic and cultural factors reflects the complexity of the issue. Looking into the future,  there is a need for a collective effort in order to make schools more inclusive, more accessible, and more supportive.

References

  • Nepal: Separate and Unequal Education | Human Rights Watch. (2011, August 24). https://www.hrw.org/news/2011/08/24/nepal-separate-and-unequal-education
  • How the Nepali education system furthers gender inequality—The Record. (n.d.). https://www.recordnepal.com/how-the-nepali-education-system-further-gender-inequality
  • International Labour Organization. (September 2023) Executive summary. Issue paper on child labour and education exclusion among indigenous children. https://www.ilo.org/wcmsp5/groups/public/—ed_norm/—ipec/documents/publication/wcms_894323.pdf
  • UNICEF. (August 2021). Disability-Inclusive Education Practices in Nepal https://www.unicef.org/rosa/media/17006/file/Country%20Profile%20-%20Nepal.pdf
  • Human Rights Watch.(2018).Nepal: Barriers to Inclusive Education. https://www.hrw.org/news/2018/09/13/nepal-barriers-inclusive-education
  • Human Rights Watch. (2021). World Report 2022. https://www.hrw.org/world-report/2022/country-chapters/nepal
  • Gupta, A. K., Kanu, P. K., & Lamsal, B. P. (2021). Gender Discrimination in Nepal. Journal of Contemporary Sociological Issues, 1(2), 145-165. https://doi.org/10.19184/csi.v1i2.25592
  • Maya S.,Aedo, Kartihka R. (2020, December 4). Making learning accessible to all in Nepal. https://blogs.worldbank.org/endpovertyinsouthasia/making-learning-accessible-all-nepal
  • Deviram Acharya.(2021). Status of Girls’ Participation in Higher Education in Nepal. 6(2), 68-85.https://files.eric.ed.gov/fulltext/EJ1328281.pdf
  • Sonu Kahali, Sipra Sagarika. (October 15 2021). Education and Caste Based Discrimination: A Sociological Understanding. 10(2). https://www.researchgate.net/publication/356161834_Education_and_Caste_Based_Discrimination_A_Sociological_Understanding
  • Damodar Khanal.(2015). The Quest for Educational Inclusion in Nepal: A Study of Factors Limiting the Schooling of Dalit Children. https://pure.manchester.ac.uk/ws/portalfiles/portal/84027010/FULL_TEXT.PDF
  • Government of Nepal, Ministry of Education, Science and Technology. (2022).School Education Sector Plan. https://moest.gov.np/upload_file/files/post/1668690227_1997409338_Nepal%20School%20Education%20Sector%20Plan%20final%202022%20.pdf
  • Adhikari, K. P., & Gellner, D. N. (2023). Two Steps Forward, One Step Back: Dalit Experiences of Primary and Secondary Education in West-Central Nepal. In K. Valentin & U. Pradhan (Eds.), Anthropological Perspectives on Education in Nepal: Educational Transformations and Avenues of Learning. Oxford University Press. https://doi.org/10.1093/oso/9780192884756.003.0005
  • UN General Assembly. (1948). Universal declaration of human rights (217 [III] A). Paris.
  • Gupta, A., Kanu, P., & Lamsal, B. (2021). Gender Discrimination in Nepal: Does It Vary Across Socio- Demographics? Journal of Contemporary Sociological Issues, 1, 61–82. https://doi.org/10.19184/csi.v1i2.25592
  • Convention on the Rights of the Child Shadow Report Submission: Indigenous Children’s Rights Violations in Nepal. (2016). https://www.culturalsurvival.org/sites/default/files/media/nepalcrcreport.pdf
  • Sangmo Yonjan-Tamang. Linguistic discrimination and conflict. (n.d.). Retrieved 18 March 2024, from https://kathmandupost.com/columns/2021/03/02/linguistic-discrimination-and-conflict

Cover image: Grade 8 student studies at Shree Dharmasthali Lower Secondary School, Pokhara, Nepal. Photo by Jim Holmes for AusAID. via Wikimedia Commons

Towards Global Justice: Advocating for a Moratorium on the Death Penalty

Presented by Sarah Kuipers, María Núnez Fontán and Ariel Ozdemir

In 2020, 37 states voted against at the UNGA res 75/183 on the use of the death penalty, one of which was North Korea (DPRK). i However, the DPRK has not yet abolished the death penalty and therefore remains a retentionist state. Due to its political nature and isolationist policies, the subsequent lack of access to the DPRK continues to prove a barrier to data collection on the implementation of the resolution and the abolition of the death penalty for NGOs and international bodies alike. However, eyewitness accounts of North Korean defectors provide vital information into the inner workings of the DPRK and the ongoing use of the death penalty. This report will outline relevant updates on the situation in the DPRK regarding the use of the death penalty, the implementation of resolution 75/183, and the impacts on human rights in the country.

According to some NGOs, there are not many reliable sources from the DPRK, which would provide transparent data on the death penalty. As mentioned by Amnesty International, the issue lies within the dependent media sources and lack of transparency in verification. v

While the DPRK maintains that they do not carry out public executions, credible information from defectors gathered by human rights organisations such as Amnesty International contradicts these statements. xii As of recent reports, the DPRK has continued to employ the death penalty as a means of enforcing its authoritarian rule. The death penalty is codified into North Korean law for various lethal and non-lethal crimes. For example, the Pyongyang Cultural Language Protection Act (enacted in January 2023) bans any language deemed to have foreign influence or exhibit linguistic similarities to South Korean language. xiii During and following the outbreak of the COVID-19 pandemic, North Korea has also enforced a ‘Shoot on Sight’ order at the border for anyone attempting to enter or leave the country. xiv While limitations on freedom of movement have been somewhat eased for select people within and outside North Korea, the majority of the country’s citizens continue to be banned from leaving, punishable by death as “treachery against the nation”. xv

In another case last year, 20 young athletes were reportedly sentenced to 3-5 years hard labour for using South Korean language and slang (while execution was also a possible legal punishment for their actions under the Pyongyang Cultural Language Protection Act) xxi . Executions have also been reportedly carried out for religious and superstitious activities, drugs, and the breaking of covid regulations. xxii Moreover, reports indicate that infanticide and forced abortion have been used, especially in cases of mothers who were political prisoners, people with disabilities, victims of sexual violence by government officials and prison guards, and defectors forcibly repatriated from the PRC.

However, the utilisation of the death penalty in North Korea represents a gross violation of fundamental human rights including the right to life. The process lacks the most basic standards of due process and fairness, violating the fundamental right to a fair trial. Trials are often conducted behind closed doors, with defendants denied access to legal representation and facing pressure to provide forced confessions. xxiii Furthermore, the arbitrary nature of the accusations and lack of transparency surrounding these executions raise serious concerns about the legitimacy of the judicial system in North Korea.


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References

i UN RESOLUTION FOR A UNIVERSAL MORATORIUM ON THE USE OF THE DEATH PENALTY ANALYSIS OF THE 2020 VOTE. (n.d.). Retrieved April 10, 2024, from https://old.ecpm.org/wp-content/uploads/flyer-moratoire-GB-2020-211220.pdf

v DEATH SENTENCES AND EXECUTIONS 2022 AMNESTY INTERNATIONAL GLOBAL REPORT (n.d.). Retrieved April 10, 2024, from https://www.amnesty.ch/de/themen/todesstrafe/dok/2023/todesstrafen-bericht-2022-hoechststand-seit-5-jahren/amnesty-report-death-sentences-and-executions-2022.pdf

xii Amnesty International (2021) Democratic People’s Republic of Korea (North Korea): Public Executions: Converging Testimonies. https://www.amnesty.org/en/wp-content/uploads/2021/06/asa240011997en.pdf

xiii Hassan, T. (2023) North Korea: Events of 2023. Human Rights Watch https://www.hrw.org/world-report/2024/country-chapters/north-korea

xiv Sifton, J. (2020) North Korea’s Unlawful ‘Shoot on Sight’ Orders: Lethal Force at Border Needs to Comply with Human Rights Law. Human Rights Watch. https://www.hrw.org/news/2020/10/28/north-koreas-unlawful-shoot-sight-orders
xv Hassan, T. (2023) North Korea: Events of 2023. Human Rights Watch https://www.hrw.org/world-report/2024/country-chapters/north-korea; Citizens’ Alliance for North Korean Human Rights (2009) The Criminal Law of the Democratic People’s Republic of Korea. https://www.hrnk.org/uploads/pdfs/The%20Criminal%20Law%20of%20the%20Democratic%20Republic%20of%20Korea_2009_%20(1).pdf

xxi Kim, J. (2023) North Korea Sentences 20 Young Athletes for ‘Speaking Like South Koreans’. Radio Free Asia. https://www.rfa.org/english/news/korea/athletes-04132023094854.html
xxii Reuters (2023) North Korea Executes People for Sharing S Korean Media: Report. Al Jazeera. https://www.aljazeera.com/news/2023/3/31/north-korea-executes-people-for-sharing-s-korean-media-report; Bremer, I. (2024) North Korea Has Executed Citizens for Violating COVID Rules: Report. NK News. https://www.nknews.org/2024/01/north-korea-has-executed-citizens-for-violating-covid-rules-report/

xxiii Amnesty International (2021) Democratic People’s Republic of Korea (North Korea): Public Executions: Converging Testimonies. https://www.amnesty.org/en/wp-content/uploads/2021/06/asa240011997en.pdf


The Art of Living Free Schools: Nurturing Holistic Education for a Bright Future

Written by Frida Brekk.

The Art of Living Schools[1] represent an educational project established under the umbrella of the Art of Living Foundation, a non-profit organization founded by Sri Sri Ravi Shankar in 1981. Committed to enhancing personal and societal well-being, the Art of Living Foundation spearheads various programs and initiatives to achieve this aim. Recognizing the pivotal role of education in shaping individuals’ lives and cognitive development, the Art of Living Schools has emerged as a distinctive educational initiative that transcends conventional academic approaches. This article delves into the underlying philosophy, mission, and transformative impact of the Art of Living Schools, elucidating their commitment to holistic education and the empowerment of students, paving the way for a promising future.

The Art of Living Schools are distinguished by their comprehensive and holistic approach to education, embracing the fundamental belief that the mind, body, and spirit are interconnected and should be nurtured in unison. Rooted in the wisdom and teachings of Sri Sri Ravi Shankar, the visionary behind the Art of Living Foundation, these schools aspire to cultivate not only the academic growth of students but also their physical, mental, and emotional well-being.

By integrating various aspects of human development, the Art of Living Schools empowers students to emerge as well-rounded individuals equipped with the knowledge, skills, and values needed to make meaningful contributions to society. Through this comprehensive educational model, students are not only prepared for academic success but are also encouraged to cultivate inner resilience, emotional intelligence, and a sense of purpose, enabling them to navigate life’s challenges with grace and integrity.

At the core of the Art of Living Schools is the emphasis on values-based education. Students are guided to cultivate qualities such as compassion, integrity, respect, and social responsibility. These values form the foundation for character development, ethical decision-making, and the development of leadership skills. By instilling these values, the Art of Living Schools aim to nurture individuals who contribute to the betterment of their communities and the world at large.

At the forefront of the Art of Living Schools’ educational philosophy lies a commitment to nurturing character development and cultivating essential life skills in conjunction with academic excellence. Recognizing the value of holistic education, students are actively engaged in a wide array of activities that foster teamwork, effective communication, problem-solving, and critical thinking abilities.

Through a deliberate focus on practical life skills encompassing time management, goal setting, and proficient communication, students are equipped with a well-rounded skill set to navigate the multifaceted challenges that lie beyond the boundaries of the classroom. This comprehensive educational approach empowers students to not only excel academically but also thrive in various facets of their lives, enabling them to become resilient, adaptable, and successful individuals.

Within the framework of the Art of Living Schools, a profound commitment to social responsibility and compassionate action is fostered through the integration of service learning into the curriculum. Students are actively involved in community service projects and initiatives that address both local and global issues. By actively engaging in service, students acquire invaluable lessons in selflessness, develop a profound sense of empathy, and recognize the profound significance of contributing to the greater well-being of others.

Understanding the pressures and difficulties that students encounter in our modern, fast-paced world, the Art of Living Schools take a compassionate approach by integrating mindfulness and stress reduction techniques into their educational framework. Students are introduced to valuable practices such as deep breathing exercises, meditation, and mindfulness exercises that foster emotional resilience, stress management, and overall well-being. By equipping students with these lifelong tools, the Art of Living Schools not only support them during their academic journey but also empower them to navigate stress and challenges throughout their lives with confidence and inner strength.

In line with their mission, their focus on education on girls is exemplified through a significant milestone by inaugurating an all-girls school in Parola Village, located in the Udaipur District of Rajasthan. This achievement holds great significance as the village had previously been reluctant to support their daughters’ education. The establishment of this school with 120 students marks a turning point, symbolizing a collective shift in mindset and recognizing the importance of girls’ education. These facilities are equipped and fully inclusive of free books, free uniforms and bags, free transportation, and free computer labs.

“We believe a school is not complete without holistic and quality facilities being provided for the students. These facilities not only act as basics to a decent standard of living but also aim to maintain an enabler/motivator for students and parents.”

A mentionable story of The Art of Living Schools is exemplified through Anushika Anil Kambale, a cheerful and contented student at Shri Shri Gnyan Mandir, has experienced a remarkable transformation since joining the school. Despite her conservative family background and initial fears, Anushika has become enthusiastic about her education and actively participates in school activities. Her behavior and habits have positively changed, and she now encourages her family and neighbors to adopt healthier practices and engage in spiritual activities.

Anushika’s parents credit the Art of Living’s Happiness Program for their family’s newfound happiness and spiritual growth. The positive impact on Anushika’s life has inspired her neighbors to consider enrolling their children in Shri Shri Gnyan Mandir as well. Anushika’s parents express immense gratitude to the school’s teachers and Shri Shri Ravi Shankarji, the inspiration behind the Art of Living Schools, for their transformative work in shaping children and society.

The Art of Living Schools provide a nurturing and transformative educational experience that extends beyond academic excellence. With a focus on holistic development, values-based education, mindfulness, and social impact, these schools strive to empower students to become compassionate, responsible, and well-rounded individuals. By equipping students with life skills, character development, and a sense of purpose, the Art of Living Schools are shaping the leaders and change-makers of tomorrow who will make a positive difference in the world.

References

The Art of Living Schools website “Overview” https://www.artoflivingschools.org/about-us/art-of-living/ Last visited: April 12th

Id. “Stories of Transformation” https://www.artoflivingschools.org/stories-of-transformation/ Last visited: April 12th

Id. “Facilities Provided” https://www.artoflivingschools.org/facilities-provided/ Last visited: April 12th

Addressing the situation of women’s rights in Cambodia

Presented by Ioana-Sorina Alexa and Olimpia Guidi

Education emerges as a crucial factor in addressing this disparity. The Cambodian Women’s Leadership Institute, established in 2009, offers training programs to enhance women’s leadership skills and political knowledge . viii

However, progress is slow due to various barriers. Socio-cultural norms and patriarchal attitudes often discourage women from entering politics . Limited access to education, particularly in rural areas where gender disparities in literacy rates persist, further impedes women’s political engagement . xi

In Cambodia, women’s involvement in activities promoting and protecting human rights is notable, with numerous grassroots initiatives led by women making significant impacts. One such example is the Cambodian Women’s Crisis Center (CWCC), which has been at the forefront of advocating for women’s rights and combating gender-based violence since its establishment in 1997. xxx

Cambodia ranks 41st out of 146 countries for women’s ownership or management of small and medium-sized enterprises (SMEs), indicating a relatively high rate of female participation in entrepreneurship compared to other nations. xxxv

One such measure is the establishment of gender-sensitive legal frameworks and policies that prioritize women’s rights and address gender-based discrimination . For example, the Law on the Prevention of Domestic Violence and Protection of Victims, enacted in 2005, provides legal protections for survivors of domestic violence and mandates the establishment of shelters and support services. xlv

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References

viii Chea, P. (2021). Underrepresentation of Cambodian Women in Politics and Leadership Roles. Available at: https://scholarworks.seattleu.edu/alfie-conferences/2021junior/presentations/4/

xi Johnston, M., Kelly, R.C., Eichler, R. (2023). Brazil’s Economy: GDP vs. GDP per capita.

Available at: https://www.investopedia.com/articles/investing/050815/fundamentals-how-brazil-makes-its-money.asp

Tuy, S. (2019). Discrimination against women in accessing higher education in Cambodia. JSEAHR, 3, 101. Available at: https://heinonline.org/HOL/LandingPage?handle=hein.journals/jseahr3&div=11&id=&page=

xxx Weaner, J. (2008). The Cambodian Women’s Crisis Center: safety, shelter, training… and then. McMaster School For Advancing Humanity, 7, 7. Available at: https://copyright.defiance.edu/mcmaster/documents/journal-2008-16-womens-crisis-center.pdf

Available at: https://www.ingentaconnect.com/content/cuny/cp/2013/00000046/00000001/art00004

xxxv The Phnom Penh Post (2023). Cambodia advances women’s roles, aims for 2030, 2050 goals Retrieved from: https://www.phnompenhpost.com/national/cambodia-advances-women-s-roles-aims-for-2030-2050-goals

xlv Brickell, K. (2016). Gendered violences and rule of/by law in Cambodia. Dialogues in Human Geography, 6(2), 182-185. Available at:https://journals.sagepub.com/doi/full/10.1177/2043820616655017

Protecting Deceased Individuals and Their Remains

Presented by Alexia Kapsampeli

International humanitarian law has established important principles about dead and missing in armed conflict. These principles protecting dead persons are based on fundamental human values.
The requirements that the dead be treated with respect and dignity existed long before there were any attempts to identify and codify the legislation.¹ In Homer’s Iliad, horror and concern about the dead becoming “prey to dogs and vultures” exist.² According to the Greek Heroic Age standards, when Homer wrote the Iliad, “it is recognised custom for the victor after stripping his dead enemy to throw the body to the dogs and vultures”.³ Similarly, in the Classical period, Sophocles’ Antigone discusses the treatment of Polynice’s dead body. ⁴ As the first Professor of Anthropology at the University of Oxford, Edward B. Tylor, emphasised in his book “Primitive Culture, ii”: “In classic antiquity… it was the most sacred of duties to give the body its funeral rites”.⁵

The government of Israel claims that the Geneva Conventions do not apply to the occupied Palestinian territories. However, human rights law is still applied even in an armed conflict, as a part of international humanitarian law, according to the International Court of Justice and the United Nations Human Rights Committee 19. As for Hamas, it is not a party to the international conventions, but the customary rules of international humanitarian law apply to all parties in an armed conflict. On the other hand, Israel’s actions in the Occupied Palestinian Territories are limited by international humanitarian law and by the customary rules of human rights law.

In a July 2020 report, the United Nations rapporteur on human rights, Michael Lynk, of withholding bodies of killed Palestinians. According to the report, “UN Secretary Ban Ki-Moon observed in 2016 that the withholding of bodies amounts to collective punishment and is also inconsistent with Israel’s obligations as an occupying power under the Fourth Geneva Convention”. It is said collective punishment is a tool of control and domination that is antithetical to the modern rule of law and prohibited by all legal systems across the globe.¹³

18A-Input_for_report_on_protection_of_dead_persons

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Featured Image “Jerusalem, located on a plateau in the Judean Mountains between the Mediterranean and the Dead Sea, is one of the oldest cities in the world. ” by Northern Adventures on Flickr.

¹ Last Rights The Dead, the Missing and the Bereaved at Europe’s International Borders 2 Proposal for a Statement of the International legal obligations of States May 2017 https://www.ohchr.org/sites/default/files/Documents/Issues/Migration/36_42/TheLastRightsProject.pdf Last accessed on January 17, 2024
² Hrvoje Cvijanović “Death and the City: Political corpses and the specters of Antigone” University of Zagreb, 2019, https://hrcak.srce.hr/file/336271 Last accessed on January 19, 2024
³ Basset Samuel Elliot “Achilles’ Treatment of Hector’s Body” Transactions and Proceedings of the American Philological Association, p 41-65, 1933
⁴ Hrvoje Cvijanović “Death and the City: Political corpses and the specters of Antigone” University of Zagreb, 2019, https://hrcak.srce.hr/file/336271 Last accessed on January 19, 2024
⁵ Frank Tarbell “Greek Ideas as to the Effect of Burial on the Future of the Soul” Transactions of the American Philological Association (1869-1896) Vol 15, pp (36-45) https://www.jstor.org/stable/2935798?seq=1 Last accessed on January 19, 2024

¹³ Report of the Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967, https://www.ohchr.org/sites/default/files/HRBodies/HRC/RegularSessions/Session44/Documents/A_HRC_44_60.pdf, 2020, Last accessed on January 21, 2024

Educational Challenges in Iran

Written by Uzair Ahmad Saleem

Photo by sina drakhshani on Unsplash

Iran has a rich cultural heritage and a long history of educational excellence, dating back to ancient times when it was known as Persia. However, the country is currently confronted with various issues in the education sector that jeopardise its ability to provide high-quality education to its citizens.

Around 7 million children lack access to education, and an estimated 25 million illiterates are in Iran.

Poverty

Education is considered compulsory in Iran for children aged 6 to 11. However, access to education remains a significant barrier in Iran, particularly for pupils from low-income families.

One of the main barriers to education is poverty, particularly in rural areas, where access to schools, qualified teachers, and transportation is limited.

Over the past three years, fewer students have been attending college. According to Iranian state media, this decrease is due to poverty, the absence of free education, and the lack of government support for college students. The total number of college students fell from 4,811,581 in the academic year 2014–2015 to 3,616,114 in the academic year 2017–2018.

Gender inequality

Additionally, Iran’s educational system still struggles with gender inequality. Girls are still underrepresented in higher education, despite the fact that their enrolment in primary and secondary education has increased dramatically over the previous few decades.

According to the World Bank, the literacy rate for adult girls in Iran is 85%, compared to 92% for adult boys. Many families still prioritise early marriage over their daughters’ education.

Because of this, female students encounter substantial obstacles while wanting to pursue education beyond the first grade, and gender segregation in schools restricts their ability to pursue further education.

Monetary issues

Another threat to Iran’s educational system is a lack of capital, which leads to a dearth of trained teachers, inadequate facilities, and antiquated equipment.

Many educational facilities are subpar and unsafe, with a scarcity of teaching areas. In fact, one-third of Iran’s schools are so flimsy that they must be demolished and rebuilt.

The city council chair in Tehran, Ray and Tajrish, Mohsen Hashemi, said that “700 schools in Tehran will be destroyed in case of a severe storm, let alone earthquake.”

Despite the government’s efforts to enhance educational investment, Iran’s educational expenditure remains low compared to other countries in the region.

According to the World Bank, Iran’s education expenditure as a percentage of GDP was 3.6% in 2020, much lower than the average education expenditure in other upper-middle-income nations.

While Iranian Constitution states, “The government is obliged to provide free elementary and high school education for all members of the nation and facilitate free higher education for all until the country is self-sufficient.” In contrast, Rouhani has ordered to shut down many schools in rural communities and to cut down the budget in the past few years.

An assistant professor at Allameh University stated that Iran’s percentage allocation of money to education is much less than the United Nations’ recommendation.

In addition, the school system cannot keep up with technological improvements due to a lack of resources. The lack of technology investment has led to outmoded equipment and a lack of teacher training, which has limited the use of technology in education and hampered Iranian students’ acquisition of digital skills.

Digital Inequality

Adding on, digital inequality is a problem that students have faced in recent years. A 2017 survey showed that 28% of Iranians had no internet access or only minimal internet access. While those with internet access, 80% of the users lived in cities and only 20% in rural areas.

During the coronavirus pandemic in 2019, when online learning was prioritised in Iran to reduce the virus’s spread, a considerable number of students dropped out. This was due to their inability to buy an internet connection and limited internet access in their area.

Political interference

Additionally, in Iran, the educational system is greatly influenced by the government, which has resulted in the politicisation of education and the promotion of a specific ideology.

The Iranian government strictly controls the curriculum, textbooks, and instructional materials used in schools and universities. School curricula are frequently linked with the government’s political and religious ideas, emphasising promoting Islamic values and the government’s version of Iranian culture and history.

The Iranian government’s influence on the educational system extends beyond classroom content.

It also affects the hiring and firing of teachers and university professors and the appointment of administrators. This can result in discriminatory hiring practices and the exclusion of individuals who do not align with the government’s ideologies, limiting the educational system’s diversity of perspectives and ideas.

Moreover, the Iranian government actively monitors and controls academic research, publications, and activities within the educational institutions.

Scholars, educators, and students who express opposing viewpoints or engage in critical thinking undermining the government’s narratives face restriction, intimidation, and even persecution. This generates fear and self-censorship among educators and students, restricting academic independence and the sharing of varied ideas and opinions.

As a result, the politics of education in Iran may impair students’ ability to think critically, question, and consider alternate points of view. It can limit their exposure to different points of view, limit their academic independence, and hinder their capacity to acquire critical thinking abilities, which are necessary for personal growth, societal progress, and fostering an open and inclusive intellectual environment.

Depletion of talent Finally, brain drain is another educational challenge that Iran is currently confronting. Many talented and educated Iranians are fleeing the nation for better career prospects and higher pay.

According to the IMF, which studied 61 nations, Iran has the highest rate of brain drain, with 150,000 educated Iranians leaving their native country each year. The annual economic loss from brain drain is estimated at $50 billion or higher.

This brain drain deprives the country of its brightest minds, reducing the country’s potential for economic growth and progress.

Addressing these challenges requires significant reforms and investment in the education system.

The Iranian government must prioritise education by boosting funding in schools and universities, hiring and training qualified teachers, and upgrading curricula to emphasise critical thinking, problem-solving, and creativity.

Furthermore, the government must address educational challenges experienced by female students, particularly in rural regions, and promote gender equality in education.

Conclusion

Investing in technology is also essential for developing Iran’s educational system. The government must offer the most up-to-date technology to schools and institutions and invest in training teachers to use it successfully in the classroom. This will not only help students build digital abilities, but it will also prepare them for the demands of the twenty-first-century labour market.

By doing so, Iran can overcome these challenges and build a more prosperous and successful future.

featured image by David Pennington via Unsplash

References.

https://www.britannica.com/place/Iran/Education

https://data.worldbank.org/indicator/SE.ADT.LITR.MA.ZS?locations=IR

https://data.worldbank.org/indicator/SE.XPD.TOTL.GD.ZS?locations=IR

https://iranfocus.com/life-in-iran/33917-the-iranian-education-system-in-tatters-due-to-poverty/

https://iran-hrm.com/2019/09/22/repressive-state-and-low-quality-of-education-in-iran/

https://observers.france24.com/en/20200421-iran-internet-covid19-distance-learning-poverty

http://www.us-iran.org/resources/2016/10/10/education

https://shelbycearley.files.wordpress.com/2010/06/iran-education.pdf

Flipino migrant’s contributions

Presented by Alexia Kapsampeli, Ariel Ozdemir, Mila Gürün, Olimpia Guidi, Sarah Kuipers

Filipino migrants and their families contribute significantly to socio-cultural interactions through education. For example, in countries like the United States and Canada, Filipino community organisations collaborate with local schools to introduce Filipino culture through language classes, dance workshops, and cultural celebrations.1 In California, the “Filipino Cultural School” offers language courses and cultural immersion programs to both Filipino-American children and other students interested in learning about Filipino heritage.2

Educators also play a crucial role in promoting cultural exchange. In Qatar, Filipino teachers in international schools integrate Filipino literature and history into the curriculum, fostering greater understanding and appreciation among students from diverse backgrounds.3

Civic-Political Engagements:

Filipino migrant families actively engage in civic and political activities to contribute positively to their host societies. For instance, in Italy, Filipino migrant organisations collaborate with local authorities to organise cultural festivals and community events, promoting cross-cultural understanding and integration.4 One such event is the “Barrio Fiesta,” where Filipino migrants showcase their traditions, cuisine, and performing arts to the broader community.5 Moreover, Filipino migrant families participate in grassroots initiatives to address social issues and advocate for their rights.6 In Hong Kong, Filipino domestic workers organise workshops and support groups to raise awareness about labour rights and combat discrimination.7

Economic Contributions:

Filipino migrants make significant contributions to the labour market of their host countries, driving economic growth and innovation. For example, in the healthcare sector of the United Kingdom, Filipino nurses are valued for their professionalism, compassion, and expertise.8 Their dedication and hard work alleviate staffing shortages and enhance the quality of patient care in hospitals and nursing homes.9

Furthermore, Filipino migrant workers in the Middle East, particularly in countries like Saudi Arabia and the United Arab Emirates, contribute to various industries such as construction, hospitality, and information technology.10 Their skills and expertise fill critical gaps in the labour market, supporting infrastructure development and economic diversification efforts.11

25A_Contribution_to_UN_HRC_report_2024

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Featured Image by Jean Martinelle from Pixabay

1 Blancaflor, S., Escobar, A. (2018). Filipino Cultural Schools Helps Bridge Filipino Americans and their Heritage. Available at: https://www.nbcnews.com/news/asian-america/filipino-cultural-schools-help-bridge-filipino-americans-their-heritage-n924381

2 Ibid.

3 Del Rosario,K.A., Inero Valbuena, A. (2020). Unfolding of Filipino School Leadership Experiences in Doha, Qatar. Asian Journal of University Education, 16(1), pp.97-108. Available at: https://eric.ed.gov/?id=EJ1252260

4 Magante, M. C. (2020). The determinants of migration: Italian regional factors and the relationship with Filipino migrant labour supply. World Journal of Applied Economics, 6(1), 21-39.

5 Republic of the Philippines. (2017). PHL Embassy Promotes Phl Culture, Tourism in Huge ‘Barrio Fiesta‘ in Rome. Available at:https://dfa.gov.ph/dfa-news/news-from-our-foreign-service-postsupdate/12618-phl-embassy-promotes-phl-culture-tourism-in-huge-barrio-fiesta-in-rome

6 Yonaha, Y. (2024). Negotiating Leisure Constraints in the Pandemic: The Case of Migrant Domestic Workers in Hong Kong. Int J Sociol Leis. Available at: https://doi.org/10.1007/s41978-024-00150-8

7 Ibid.

8 Smith, D. M., & Gillin, N. (2021). Filipino nurse migration to the UK: understanding migration choices from an ontological security-seeking perspective. Social Science & Medicine, 276, 113881. Available at: https://www.sciencedirect.com/science/article/abs/pii/S0277953621002136

9 Ibid.

10 Magliveras, S., & Al Qurtuby, S. (2023). Connecting worlds: Filipino and Indonesian sojourns to Saudi Arabia. Asian and Pacific Migration Journal, 32(3), 549-571. Available at: https://doi.org/10.1177/01171968231211075

11 Ibid.

Solutions to promote digital education and prevent online threats

Presented by: Olimpia Guidi

The COVID-19 pandemic has exposed significant challenges for young Filipinos adapting to digital education. The abrupt shift to online learning, driven by social distancing measures, revealed inequalities in access, particularly affecting marginalised youth1. Economic disparities contribute to obstacles in acquiring essential devices and stable internet connections, intensifying the existing digital divide2. This transition disrupted traditional learning methods, emphasising the immediate need for inclusive strategies to cater to diverse student needs3. Additionally, the absence of face-to-face interaction exacerbates feelings of isolation among vulnerable groups, impeding their overall educational experience4.

Emerging Threats

The convergence of digital education and online threats introduces a multifaceted challenge for Filipino youth. The increased reliance on online platforms exposes young learners to explicit content and potential hacking risks. Insufficient digital literacy programs compound these issues, leaving students ill-prepared to navigate the complex digital landscape securely5. The prevalence of cyber threats has direct implications for the mental health and well-being of young individuals6. Integrating robust cybersecurity measures and comprehensive digital literacy curricula into educational frameworks is crucial to empower students to navigate the digital world safely.

21A_Inputs_for_study_on_the_solutions_to_promote_digital_education_for_young_people_and_to_ensure_their_protection_from_online_threats.docxA_

Download the PDF here.

Featured Image by Mircea Iancu from Pixabay

1 Tria, J. Z. (2020). The COVID-19 pandemic through the lens of education in the Philippines: The new normal. International Journal of Pedagogical Development and Lifelong Learning, 1(1), 2-4. Available at: https://www.researchgate.net/profile/Jose-Tria/publication/341981898_The_COVID-19_Pandemic_through_the_Lens_of_Education_in_the_Philippines_The_New_Normal/links/5edde90f92851c9c5e8fa962/The-COVID-19-Pandemic-through-the-Lens-of-Education-in-the-Philippines-The-New-Normal.pdf

2 Ibid.

3 Ibid.

4 Ibid.

5 Medina, V. G., & Todd, R. J. (2019). Young people’s digital safety and wellbeing: findings from Philippines and Qatar. In Information Literacy in Everyday Life: 6th European Conference, ECIL 2018, Oulu, Finland, September 24–27, 2018, Revised Selected Papers 6 (pp. 176-187). Springer International Publishing.

6 Ibid.

Interview with Mr Hakan Kaplankaya on the importance of the ECtHR judgement in YÜKSEL YALÇINKAYA v TÜRKİYE

ECHR courtroom - Copyright AP Photo Euronews.com

By Maria Popova

I had an interview with Mr Hakan Kaplankaya. Together, we discussed the ECtHR decision Yuksel Yalcinkaya vs Turkey.

Hakan Kaplankaya is a legal advisor and former Turkish diplomat. His research and consultancy services focus mainly on human rights advocacy and international commercial arbitration. During his tenure at the Ministry, he worked at the NATO Desk. He is also a board member of InstiduDE, Belgium’s research-driven NGO.

  1. Mr Kaplankaya, can you elaborate for us what the judgement is about and its importance?

The Turkish government launched a crackdown on the Gulen Movement (GM), especially after the graft probes in December 2013, which escalated to an annihilation campaign after the failed coup on July 15, 2016. GM was designated as a terrorist organisation, which paved the way to widespread criminal prosecutions for membership in a terrorist group against members, followers, and sympathisers of the movement. Within criminal proceedings, routine activities were treated as evidence of terrorist organisation membership, such as subscribing to a daily, enrolling children in GM-affiliated schools, depositing money in Bankasya, using the Bylock mobile chat application, joining GM-related associations, and participating in religious talks.

Over 600,000 people were prosecuted, with more than 300,000 detained and over 100,000 convicted on terrorism charges. The ECtHR’s judgment is a long-awaited response to this travesty of justice.

Another notable aspect of these persecutions and the judgment is that this judicial practice has risen to crimes against humanity. As fellows of the Institute for Diplomacy and Economy, we drafted a report on this issue two years ago. In various opinions, the UN Working Group on Arbitrary Detention (WGAD) has concluded that the arbitrary detentions faced by numerous Turkish individuals linked to this group since the coup attempt follow a systematic and widespread pattern, possibly amounting to crimes against humanity. The international community should give due consideration and examination to this dimension.

  1. The Grand Chamber judgment in the case highlighted violations of Article 7 (no punishment without law) and Article 6 § 1 (right to a fair trial) of the ECHR. Could you explain how the Court found that the applicant’s conviction, based on the use of the ByLock application, departed from the requirements of national law and was contrary to the object and purpose of Article 7, which aims to provide safeguards against arbitrary prosecution, conviction, and punishment?

The Court observed that the applicant’s conviction for membership in a terrorist organisation was primarily based on his alleged use of the ByLock messaging application, while other evidence, such as his account at Bank Asya and his membership in a trade union and an association, served as corroborative sources. The mere use of the ByLock application, regardless of the content of the messages or the recipients’ identities, was deemed sufficient in domestic law to establish all the elements of the crime of belonging to an armed terrorist organisation.

Interview with Mr Hakan Kaplankaya on the importance of the ECtHR judgement in YÜKSEL YALÇINKAYA v TÜRKİYE App no 15669/20 (ECtHR, 26 September 2023)

The Court acknowledged that the use of the ByLock application could indicate some connection with the Gülen Group but disagreed with the domestic courts’ conclusion, which was merely downloading and using the application pointed out the complete submission to the organisation and its hierarchy. Instead, the Court found that relying on the mere use of ByLock alone to establish the elements of the offence was an unforeseeable and expansive interpretation of anti-terror legislation. This interpretation essentially created an almost automatic presumption of guilt based solely on ByLock usage, making it extremely difficult for the applicant to prove his innocence.

Without examining the presence of ‘knowledge’ and ‘intent,’ which are requirements in the legal definition of the offence under domestic law, the Court observed that objective liability was effectively attached to the use of ByLock. This interpretation by the domestic courts effectively bypassed the essential, particularly mental, element of the offence and treated it as a strict liability offence, thus deviating from the established requirements in domestic law. Consequently, the Court ruled that there had been a violation of Article 7 of the Convention.

  1. The judgment identifies procedural shortcomings in the criminal proceedings against Mr Yalçınkaya, particularly regarding his access to and ability to effectively challenge the ByLock evidence, breaching his right to a fair trial under Article 6. Can you elaborate on the specific failures in the courts’ handling of the ByLock evidence and how these shortcomings undermined the applicant’s opportunity to challenge the proof effectively, as outlined by the Court?

Regarding Article 6 § 1 of the Convention, the Court examined whether the applicant, who faced non-disclosure of crucial ByLock data, was given adequate procedural safeguards and whether the applicant was afforded a suitable opportunity to prepare his defence.

The Court criticised the silence of domestic courts concerning their rejection of the applicant’s request for Bylock raw data, as well as the applicant’s substantiated concerns about the reliability of the evidence. The refusal of the applicant’s request to independently examine the raw data to verify its content and integrity was also noted. The Court emphasized that proceedings should have allowed the applicant to fully comment on the decrypted material, ensuring a “fair balance” between the parties.

In conclusion, the Court found insufficient safeguards for the applicant to challenge the evidence effectively and on equal footing with the prosecution. The failure of domestic courts to address the applicant’s requests and objections raised doubts that they were impervious to the defence arguments. The Court ruled that the applicant was not genuinely ‘heard,’ concluding that the criminal proceedings fell short of a fair trial, breaching Article 6 § 1 of the Convention.

  1. The Court held that Türkiye must take general measures to address systemic problems, particularly concerning the Turkish judiciary’s approach to using ByLock. As a legal expert, what specific measures do you believe would be necessary to rectify the identified systemic problems and ensure that future cases involving digital evidence, like ByLock, comply with the requirements of the ECHR, particularly in safeguarding individuals against arbitrary consequences and upholding the principles of a fair trial?

The Court highlighted the systemic nature of the issue, with over 8,000 similar cases and the potential for around one hundred thousand more cases from Turkey to reach the European Court. To address this, Turkey needs to implement general measures for resolution. Although the anti-terror legislation has faced criticism for its broad interpretative potential, mainly from scholars, the Venice Commission, and some European Court judgments, I believe the core problem lies in the arbitrary interpretation by the Turkish judiciary rather than the legislation’s wording. Despite Yalçınkaya reflecting the Court’s stance on this interpretation, there is still room for legislative amendment. However, the most immediate solution would be a jurisprudential change, with the Turkish judiciary aligning itself with the Yalçınkaya judgment, refraining from incriminating people for ordinary, non-criminal activities. Unfortunately, four months after the release of this judgment, Turkish courts have not given a clear signal that they have aligned with it.

Reopening cases in Turkey that have already been presented to the European Court could present a viable solution. Although Turkish criminal procedure permits the reopening of a case if the European Court identifies a violation, this right is currently not extended to similar cases. Nevertheless, a recent ruling by the Turkish Constitutional Court lends support to this potential solution. Consequently, a legal amendment would be beneficial to address and clarify this issue explicitly. Unfortunately, I am unaware of any instance where a domestic court has approved reopening a case similar to Yalcinkaya.

Following the Yalcinkaya case, individuals convicted of terrorism charges based on their alleged membership in the GM should be acquitted. The Bylock evidence, riddled with numerous shortcomings, was examined by the Strasbourg Court, which criticised the Turkish court’s flawed examination without explicitly affirming its evidentiary value. However, given the significant deficiencies in the Bylock evidence, it becomes untenable for any impartial court to accept it as credible. Moreover, the Court identified a more substantial issue, emphasising a violation of Article 7. Thus, the result should be an acquittal.

Bas du formulaire

Interview with Mr Hakan Kaplankaya ECtHR YÜKSEL YALÇINKAYA v TÜRKİYE By Maria Popova
  1. Given the historical significance outlined in the Yalçınkaya judgment and its impact on Article 7 violations, can you elaborate on the specific legal principles related to the “legality of crimes and punishments” that make an Article 7 violation so severe and why the ECHR has been cautious in finding such violations for its member states over the years?”

The “No punishment without law” principle is a fundamental legal tenet. In societies governed by the rule of law, the violation of this principle is not encountered. The recent judgment marks the sixtieth violation ruling by the Court in its history. The incrimination of hundreds of thousands of people in contravention of this principle is profoundly shocking. Witnessing such a grave systemic violation is, in my view, a source of shame for all Europeans.

  1. The Yalçınkaya decision highlights a systemic issue with over 8,000 pending cases of a similar nature and suggests the potential for over 100,000 more cases based on ByLock usage. How do you think non-compliance with the Yalçınkaya decision could impact Turkey’s judicial system and its international standing, and what steps should the authorities, particularly the Constitutional Court, take to address this issue promptly?

As stated in the judgment, it is binding on the Turkish judiciary. Therefore, the Turkish Constitutional Court and other superior courts should align with it. Failure to do so may result in the European Court issuing violation judgments for similar cases and potential future applications. The Committee of Ministers of the Council of Europe will monitor the execution of the judgment, involving a political and diplomatic process. Significantly, according to the Turkish Constitution, the decisions of the European Court are binding, and I hope that they will eventually be implemented in Turkey by Turkish authorities.