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EU Rights Court Backs Turkey's Hijab Ban

A library photo for Merve Kavakci, who was not allowed to enter the parliament due to her hijab

STRASBOURG, June 29 (IslamOnline.net & News Agencies) - The European Court of Human Rights on Tuesday, June 29, rejected a case lodged by a Turkish student who had been prevented from studying at a Turkish university for insisting to wear hijab.

Ruling on a case brought by Leyla Sahin, a medical student who was blocked from sitting admission exams at Istanbul University in 1998 and later denied permission to enroll in the faculty, the court ruled that Turkey had not violated her rights, reported Agence France-Presse (AFP).

The court, which sits in the eastern French city of Strasbourg, claimed the ban on wearing hijab was based on principles of equality and secularity.

It argued that the impact that an individual wearing hijab could have on those who chose not to wear one had to be taken into consideration.

‘Protection Of Freedoms’

The issues at stake, the court said, included the "protection of the rights and freedoms" of others.

It claimed the verdict aimed to maintain public order in a country where the majority of people were Muslims professing a strong attachment to the rights of women and a secular way of life.

"Imposing limitations on freedom to wear the Islamic headscarf could, therefore, be regarded as meeting a pressing social need by seeking to achieve these two legitimate aims," the court said.

A second Turkish woman who brought a similar case before the court, Zeynep Tekin, withdrew her complaint in February last year.

The wife of  Turkish Foreign Minister Abdullah Gul herself withdrew a similar lawsuit filed with the court, which is an emanation of the pan-continental Council of Europe.

In 1998, Mrs. Gul complained to the court against a decision banning her from continuing university education for wearing hijab.

Although predominantly Muslim, Turkey has a strongly secular political tradition.

In 1997, Turkish President Ahmet Necdet Sezer issued a decree banning hijab in state-run institutions, including schools and universities.

He also bans hijab-donned women from frequenting any social clubs affiliated to the military institution.

Even veiled journalists have been repeatedly prevented from covering news conferences inside government institutions.

Virtue MP Merve Kavakci triggered outrage among fellow deputies when she attempted to take her parliamentary oath in 1999 wearing a headscarf. She was never allowed to take her seat.

In May 2002, Turkey’s Religious Consultative Council issued a fatwa, stating that hijab is an inalienable religious right to women and should be respected.

The European Union, which often criticizes Turkey for human rights breaches, has shown almost no interest in the hijab issue.

The court decision, which takes precedence over national court rulings, could help the French government face court cases it expects to be filed in September against a hijab ban in state schools, Reuters said. 

France has triggered a controversy by adopting a bill banning hijab in state schools.

The U.S.-based Human Rights Watch (HRW) said the French move is "discriminatory".

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