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