The Constitutional Court announced the legal background for its decision to revoke the headscarf amendment designed to allow wearing of the Muslim headscarf in universities.
The 20 page legal background, which was published in the Official Gazette, stated the following:
"This regulation which is based on covering one’s self according to one's religious principles may lead to clashes and mutual pressures between believers and non-believers, Muslims and non-Muslims, when religiously worn clothing are turned into political symbols. Individuals may feel forced to wear the Muslim headscarf and this is not compatible with the principle of freedom of religion and conscience. In a state system where sovereignty lies with the people, formation of a relationship with a divine will cannot be allowed.”
The Constitutional Court had revoked the amendment following the lawsuit filed by the People’s Republican Party (CHP) and the Democratic Left Party (DSP).
The revoked amendment had an additional subclause added to the 42nd article of the Constitution, which regulated the Right and Duty of Education. It said “Unless it is stated in the laws explicitly, no person can be deprived of the right to education. The limits of the use of this right will be defined by a law.” (EZÖ/TB)
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