02/07/2008, 00.00
TURKEY
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First step towards lifting ban on wearing headscarves in universities

Turkey’s parliament passes constitutional amendment, which must however undergo a second vote next Saturday. The language of the amendment does not directly refer to any dress code, but only to what might limit the right to an education. Even so a final approval must wait for a decision by the Constitutional Court.

Ankara (AsiaNews) – A first step was taken towards changing the constitution to allow women to wear the Islamic headscarf in schools and universities. Thanks to an agreement between Prime Minister Recep Tayyp Erdoğan’s ruling Justice and Development Party (AKP) and the Nationalist Action Party (MHP), Turkey’s parliament approved a constitutional amendment that would lift the ban on wearing headscarves. This came at the end of a very heated session that saw both the majority as well as the main opposition party, the Republican People's Party (CHP), raise questions about the separation of state and religion guaranteed under the constitution.  

The proposed constitutional amendment does not directly address the issue of headscarf or students’ dress code, but simply states that “Nobody can be deprived of their right to a higher education for a reason not specified in the law. Restrictions that apply to this right are to be defined under the law.”

Despite the favourable vote yesterday’s decision will not determine the final status of the amendment. Since it modifies the constitution, a second vote must be held next Saturday. Even in case of second favourable vote the change may still not go through.

Many observers agree in fact that Turkey’s Constitutional Court will overturn the proposed amendment as contrary to the “unchangeable” secular nature of the state.

Although it is not directly established in the 1925 constitution of Kemal Atatürk—the Father of modern-day Turkey—the headscarf ban was approved by the constitutional court, in a move analogous to the one that forbids men to wear a cap indicating their religious affiliation.  On this basis, in the 1980's the Court overturned a law allowing headscarves.

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