The European Court of Human Rights (ECHR) has ruled that Greece violated the right to freedom of association by refusing to register a women’s organisation that wanted to include the word “Turkish” in its name.
The case began in December 2010, when seven Greek women from Xanthi applied to register an organisation called the “Cultural Association of Turkish Women of the Prefecture of Xanthi.” Although the association’s statutes restricted membership to adult women of Greek nationality residing in Xanthi, they clearly defined its members as “Turkish” women, rather than simply Muslim women of Greek nationality and citizenship. This ethnic self-identification was at the heart of the dispute.
Xanthi is located in the region of Western Thrace in northeastern Greece, near the border with Turkey and the Aegean Sea. According to the latest data, the Turkish minority in Xanthi accounts for approximately 35 per cent of the total population, which is about 40,000 people. This community, officially recognised under the 1923 Treaty of Lausanne, continues to play an important cultural and social role in the region.
Greek courts rejected the application, arguing that the association’s name was misleading and could create confusion about its members’ identity. The court also distinguished between the officially recognised Muslim minority under the 1923 Treaty of Lausanne and the “Turkish minority,” which they do not officially recognise.
The applicants’ appeals were rejected by the Thrace Court of Appeal in 2014 and the Greek Court of Cassation in 2017.
In July 2018, the applicants brought the case before the ECHR. The Court ruled that the refusal to register the association constituted an unjustified interference with the applicants’ right to freedom of association under Article 11 of the European Convention on Human Rights.
The Court emphasised that the use of the term “Turkish” in the association’s name did not pose a problem in a democratic society and did not threaten public order. It ruled that the refusal to register the association’s name constituted an unlawful interference with the freedom of expression and the right to freedom of association.
The Court also emphasised that pluralism and free self-determination are essential elements of a democratic society and that the name of an association does not pose a threat to public order. Greece was ordered to pay each applicant €3,000 (US$3,400) in compensation for non-pecuniary damage and €4,677 in total for legal costs. The Court also suggested that Greece resume the registration procedure at the applicants’ request.
