Headscarf ban for civil servants has no legal grounds, report says

11 years ago | Posted in: Laws | 659 Views

EU Affairs Minister Egemen Ba??? has presented a report on a regulation introduced during a post-coup period which bans civil servants from wearing a headscarf while on duty to the Cabinet, stating that the headscarf ban for civil servants is neither compatible with Turkey’s constitution nor the practices of EU countries, except for France. In his report, the minister, who is also Turkey’s chief EU negotiator, stated that the headscarf ban for civil servants was introduced at a time when Turkey was being ruled by the military through the National Security Council following the Sept. 12, 1980 coup d’état. The report said that many regulations were made at the time, most of which violate human rights and freedoms.

The regulation regarding dress code for civil servants, according to which they cannot have beards or wear Islamic headscarves while in state buildings as it is allegedly contradictory with the principle of the state’s impartiality, is not compatible with the standards of advanced democracy and a pro-freedom mindset, the report said. “Thus, the practice of banning civil servants from wearing headscarves in Turkey is based on a regulation introduced during a post-coup period,” it further stated.

The report also said that according to the 13th article of the constitution, a law should be introduced first and then regulations can be made to provide a framework for the law’s implementation and that neither the Civil Servants Law (No. 657) nor any other law includes such a ban. The ban was only introduced after a regulation was made by a Cabinet decision on July 16, 1982. Therefore, the headscarf ban for civil servants is not a law, but a regulation, indicating that there is no legal basis for the ban in the constitution. The ban on wearing headscarves has long been an issue of debate in Turkey.

The headscarf ban in Turkish universities, which was introduced after the Feb. 27, 1997 coup, was eased after Higher Education Board (YÖK) sent a circular to universities in 2010 asking them to admit headscarf-wearing students. Yet, there are still some universities and professors who insist on implementing the ban. The unofficial ban on the use of headscarves is also in practice in government offices, where employees are told to leave their hair exposed. The report then compared Turkey with EU countries, saying that only the dress code in France has parallels with the headscarf banning regulation in Turkey. Except for France, no EU country has a dress code for civil servants, the report said. Teachers in some German states are banned from wear headscarves in schools, judiciary members and police officers in the Netherlands are banned from wearing headscarves while on duty and judges in Denmark are banned from displaying any religious or political symbols in court; however, France is the only EU country that bans civil servants from wearing religious symbols in public institutions altogether, the report stated. In its “Overall Evaluation and Conclusion” section, the report said that the practice of banning the headscarf for civil servants restricts women’s right to work and, more importantly, restricts women’s freedom of religion and thought, which are among the basic rights of individuals.

The ban should be seen as a violation of the rights of women, it said. “As a matter of fact, the ban on headscarved civil servants alienates women from society and confines them to a limited sphere in society. Such discriminatory practices cause women to be deprived of access to education, working and political spheres,” it said. The report further noted that no amendment is needed to abolish the ban, as the ban has no legal grounds. “As stated above, the headscarf ban is unjustifiable by law. Changing the relevant regulation on the dress code for civil servants, which violates basic rights and freedoms, and accepting the fact that regulations do not give the power to restrict the basic rights of individuals and that no one can use authority that is not given by the constitution would just be enough,” the report stated.

source: http://www.todayszaman.com

 

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