MaxedOutMama
Tuesday, April 26, 2005
Court Maintains Headscarves Ban
It was the highest Turkish court who said no, on constitutional grounds:
It is one of the ironies of our times that a Muslim woman who wears a headscarf has more legal rights in the US than in Turkey. These policies date back to Ataturk's times, who tried to implement a policy of equality for women and universal education. Here is a pretty good timeline summarizing changes in Turkey's constitution. Here is a link to the 2002 version of the Constitution which I believe has since been amended. However I think Article 174 has not changed:
Turkey's top judge said Monday that any move to ease a ban on Islamic headscarves in universities and public offices would be a breach of the country's strictly secularist constitution.That is a blow to the AKP, Erdogan's party. See the end of the article for an explanation of the battle lines. The president is secularist and most of the army is too, whereas Erdogan is from the other camp. The AKP would like to change the rule at least in universities.
The head of the constitutional court, Mustafa Bumin, issued the warning in a speech to a high-level audience including Prime Minister Recep Erdogan who advocates the lifting of the ban.
"As long as secularist principles remain in the constitution, all legal arrangements that would allow women wearing the headscarf to enter universities as students and then public service as employees would be a breach of the constitution," Bumin said.
It is one of the ironies of our times that a Muslim woman who wears a headscarf has more legal rights in the US than in Turkey. These policies date back to Ataturk's times, who tried to implement a policy of equality for women and universal education. Here is a pretty good timeline summarizing changes in Turkey's constitution. Here is a link to the 2002 version of the Constitution which I believe has since been amended. However I think Article 174 has not changed:
Article 174 Preservation of Reform Laws
No provision of the Constitution shall be construed or interpreted as rendering unconstitutional the Reform Laws indicated below, which aim to raise Turkish society above the level of contemporary civilisation and to safeguard the secular character of the Republic, and which were in force on the date of the adoption by referendum of the Constitution of Turkey.
1. Act No. 430 of 3 March 1340 (1924) on the Unification of the Educational System;
2. Act No. 671 of 25 November 1341 (1925) on the Wearing of Hats;
3. Act No. 677 of 30 November 1341 (1925) on the Closure of Dervish Convents and Tombs, the Abolition of the Office of Keeper of Tombs and the Abolition and Prohibition of Certain Titles;
4. The principle of civil marriage according to which the marriage act shall be concluded in the presence of the competent official, adopted with the Turkish Civil Code No. 743 of 17 February 1926, and Article 110 of the Code;
5. Act No. 1288 of 20 May 1928 on the Adoption of International Numerals:
6. Act No. 1353 of 1 November 1928 on the Adoption and Application of the Turkish Alphabet;
7. Act No 2590 of 26 November 1934 on the Abolition of Titles and Appellations such as Efendi, Bey or Pasa;
8. Act No. 2596 of 3 December 1934 on the Prohibition of the Wearing of Certain Garments.
