Headscarf controversy in Turkey
Encyclopedia
Turkey
has been a secular state
since it was founded by Mustafa Kemal Atatürk
in 1923. He introduced the secularization of the state in the Turkish Constitution of 1924
, alongside Atatürk's Reforms
. These were in accordance with the Kemalist Ideology
, with a strict appliance of laicite
in the constitution. Atatürk saw headscarves as backward-looking and an obstacle to his campaign to secularize and modernize the new Turkish Republic. The issue of the headscarf debate has been very intense and controversial since it was banned. Turkey is a secular country and over 95% of its people are Muslims. It has resulted in a clash between those favouring the secular principles of the state, such as the Turkish Army
, and those who are more conservative with their religious beliefs.
sector. The ban applies to teachers
, lawyers, parliamentarians
and others working on state premises. The ban on headscarves in the civil service
and educational and political institutions was expanded to cover non-state institutions. Female lawyers and journalists who refused to comply with the ban were expelled from public buildings such as courtrooms and universities.
In late 1970s and early 1980s, the number of university students wearing headscarves increased substantially and in 1984, the first widespread application of headscarf ban came into effect at the universities, but throughout 1980s and 1990s, the ban was not uniformly enforced and many students were able to graduate. The headscarf ban in public spaces, including schools and universities (public and private), courts of law, government offices and other official institutions, is only for students, workers and public servants. Hence, mothers of pupils or visitors have no problems at all entering the primary schools, but they would not be able to work as teachers. Similarly, at the courts of law, the ban only involves judges, attorneys, lawyers and other workers. Wearing headscarves in photos on official documents like licenses, passports, and university enrollment documents is also prohibited. Universities and schools refused registering women students unless they submit ID photographs with bared hair and neck.
A regulation in, 16 July 1982 specified that: the clothing and appearances of personnel working at public institutions; the rule that female civil servants' head must be uncovered.
An interpretation of this law in 1997 extended the ban to the wearing of headscarves in all universities in Turkey. The debate over headscarves in universities has been the most contentious of all and has been an important element in the politics of Turkey since 2000.
(HRW) reports that in late 2005, the Administrative Supreme Court ruled that a teacher was not eligible for a promotion in her school because she wore a headscarf outside of work (Jan. 2007). An immigration counsellor at the Embassy of Canada in Ankara stated in 27 April 2005 correspondence with the Research Directorate that public servants are not permitted to wear a headscarf while on duty, but headscarved women may be employed in the private sector
. In 12 April 2005 correspondence sent to the Research Directorate, a professor of political science specializing in women's issues in Turkey at Bogazici University
in Istanbul
indicated that women who wear a headscarf "could possibly be denied employment in private or government
sectors." Conversely, some municipalities with a more traditional constituency might attempt to hire specifically those women who wear a headscarf (Professor 12 April 2005). The professor did add, however, that headscarved women generally experience difficulty in obtaining positions as teachers, judges, lawyers, or doctors in the public service (ibid.). More recent or corroborating information on the headscarf ban in the public service could not be found among the sources consulted by the Research Directorate.
The London-based Sunday Times reports that while the ban is officially in place only in the public sphere, many private firms similarly avoid hiring women who wear headscarves (6 May 2007). MERO notes that women who wear headscarves may have more difficulty finding a job or obtaining a desirable wage (Apr. 2008), although this could not be corroborated among the sources consulted by the Research Directorate.
The professor of political science at Bogazici University
in Turkey stated that, in addition to never having come across any cases where women wearing headscarves had been denied access to medical care in private or public medical centres, he felt it would be unlikely that this would occur (12 April 2005). The Immigration Counsellor at the Embassy of Canada in Ankara
stated that "women who wear headscarves have full access to medical care" (27 April 2005), though news reports and NGO reports to the UN confirm that "women wearing the headscarf have been denied medical care in Turkish hospitals."
with a promise of lifting the longstanding ban on headscarves in public institutions. However, as the Turkish deputies voted in Parliament, tens of thousands protested outside in favour of the ban.
On February 7, 2008, the Turkish Parliament passed an amendment to the constitution, allowing women to wear the headscarf in Turkish universities, arguing that many women would not seek an education if they could not wear the head scarf. The main political party, the Justice and Development Party
and a key opposition party, the Nationalist Movement Party
claimed that it was an issue of human rights and freedoms. The Parliament voted 403-107 (a majority of 79 per cent) in favour of the first amendment, which was inserted into the constitution stating that everyone has the right to equal treatment from state institutions. However the move resulted in opposition throughout Turkey. The country's educational board and numerous universities vowed to defy the new law. In addition, the main pro-secular, opposition party of the Republican People's Party
asked the constitutional court to block the new law passed, and viewed it is a move towards an Islamic state
. Thousands of demonstrators supporting the ban also gathered near the Parliament against the move by the government.
in September 2010, the ruling AK Party vowed to support any student who was disciplined for wearing the headscarf on a university campus. Following this, the head of the Turkish Higher Educational council(YÖK
), Yusuf Ziya Özcan, announced that instructors in universities may no longer take action against students wearing the headscarf. While this goes against the Constitutional Court ruling of 2008, most universities have started permitting students to wear the headscarf on campus.
Turkey
Turkey , known officially as the Republic of Turkey , is a Eurasian country located in Western Asia and in East Thrace in Southeastern Europe...
has been a secular state
Secular state
A secular state is a concept of secularism, whereby a state or country purports to be officially neutral in matters of religion, supporting neither religion nor irreligion. A secular state also claims to treat all its citizens equally regardless of religion, and claims to avoid preferential...
since it was founded by Mustafa Kemal Atatürk
Mustafa Kemal Atatürk
Mustafa Kemal Atatürk was an Ottoman and Turkish army officer, revolutionary statesman, writer, and the first President of Turkey. He is credited with being the founder of the Republic of Turkey....
in 1923. He introduced the secularization of the state in the Turkish Constitution of 1924
Turkish Constitution of 1924
The Constitution of 1924, formally titled the Constitution of the Republic of Turkey , was the fundamental law of Turkey from 1924 to 1961. It replaced the Constitution of 1921 and was ratified by the Grand National Assembly of Turkey following the proclamation of the republic on 29 October 1923....
, alongside Atatürk's Reforms
Atatürk's Reforms
Atatürk's Reforms were a series of political, legal, cultural, social and economic reforms that were designed to modernize the new Republic of Turkey into a democratic and secular nation-state...
. These were in accordance with the Kemalist Ideology
Kemalist ideology
Kemalist Ideology, "Kemalism" or also known as the "Six Arrows" is the principle that defines the basic characteristics of the Republic of Turkey. It was developed by the Turkish national movement and its leader Mustafa Kemal Atatürk.-Fundamentals:...
, with a strict appliance of laicite
Laïcité
French secularism, in French, laïcité is a concept denoting the absence of religious involvement in government affairs as well as absence of government involvement in religious affairs. French secularism has a long history but the current regime is based on the 1905 French law on the Separation of...
in the constitution. Atatürk saw headscarves as backward-looking and an obstacle to his campaign to secularize and modernize the new Turkish Republic. The issue of the headscarf debate has been very intense and controversial since it was banned. Turkey is a secular country and over 95% of its people are Muslims. It has resulted in a clash between those favouring the secular principles of the state, such as the Turkish Army
Turkish Armed Forces
The Turkish Armed Forces are the military forces of the Republic of Turkey. They consist of the Army, the Navy , and the Air Force...
, and those who are more conservative with their religious beliefs.
Banning of headscarves
With a constitutional principle of official secularism, the Turkish government has traditionally banned women who wear headscarves from working in the publicPublic
In public relations and communication science, publics are groups of individuals, and the public is the totality of such groupings. This is a different concept to the sociological concept of the Öffentlichkeit or public sphere. The concept of a public has also been defined in political science,...
sector. The ban applies to teachers
Teachers
Teachers may refer to:* Teachers, people who provide schooling for pupils and students* Teachers , one of the five Ascension Gift Ministries* Teachers , a British sitcom* Teachers Teachers may refer to:* Teachers, people who provide schooling for pupils and students* Teachers (ministry), one of the...
, lawyers, parliamentarians
Member of Parliament
A Member of Parliament is a representative of the voters to a :parliament. In many countries with bicameral parliaments, the term applies specifically to members of the lower house, as upper houses often have a different title, such as senate, and thus also have different titles for its members,...
and others working on state premises. The ban on headscarves in the civil service
Civil service
The term civil service has two distinct meanings:* A branch of governmental service in which individuals are employed on the basis of professional merit as proven by competitive examinations....
and educational and political institutions was expanded to cover non-state institutions. Female lawyers and journalists who refused to comply with the ban were expelled from public buildings such as courtrooms and universities.
In late 1970s and early 1980s, the number of university students wearing headscarves increased substantially and in 1984, the first widespread application of headscarf ban came into effect at the universities, but throughout 1980s and 1990s, the ban was not uniformly enforced and many students were able to graduate. The headscarf ban in public spaces, including schools and universities (public and private), courts of law, government offices and other official institutions, is only for students, workers and public servants. Hence, mothers of pupils or visitors have no problems at all entering the primary schools, but they would not be able to work as teachers. Similarly, at the courts of law, the ban only involves judges, attorneys, lawyers and other workers. Wearing headscarves in photos on official documents like licenses, passports, and university enrollment documents is also prohibited. Universities and schools refused registering women students unless they submit ID photographs with bared hair and neck.
A regulation in, 16 July 1982 specified that: the clothing and appearances of personnel working at public institutions; the rule that female civil servants' head must be uncovered.
An interpretation of this law in 1997 extended the ban to the wearing of headscarves in all universities in Turkey. The debate over headscarves in universities has been the most contentious of all and has been an important element in the politics of Turkey since 2000.
Workplace
According to Country Reports 2007, women who wore headscarves and their supporters "were disciplined or lost their jobs in the public sector" (US 11 March 2008, Sec. 2.c). Human Rights WatchHuman Rights Watch
Human Rights Watch is an international non-governmental organization that conducts research and advocacy on human rights. Its headquarters are in New York City and it has offices in Berlin, Beirut, Brussels, Chicago, Geneva, Johannesburg, London, Los Angeles, Moscow, Paris, San Francisco, Tokyo,...
(HRW) reports that in late 2005, the Administrative Supreme Court ruled that a teacher was not eligible for a promotion in her school because she wore a headscarf outside of work (Jan. 2007). An immigration counsellor at the Embassy of Canada in Ankara stated in 27 April 2005 correspondence with the Research Directorate that public servants are not permitted to wear a headscarf while on duty, but headscarved women may be employed in the private sector
Private sector
In economics, the private sector is that part of the economy, sometimes referred to as the citizen sector, which is run by private individuals or groups, usually as a means of enterprise for profit, and is not controlled by the state...
. In 12 April 2005 correspondence sent to the Research Directorate, a professor of political science specializing in women's issues in Turkey at Bogazici University
Bogaziçi University
Boğaziçi University is a public university located on the European side of the Bosphorus strait in Istanbul, Turkey. It has five faculties and two schools offering undergraduate degrees, and six institutes offering graduate degrees...
in Istanbul
Istanbul
Istanbul , historically known as Byzantium and Constantinople , is the largest city of Turkey. Istanbul metropolitan province had 13.26 million people living in it as of December, 2010, which is 18% of Turkey's population and the 3rd largest metropolitan area in Europe after London and...
indicated that women who wear a headscarf "could possibly be denied employment in private or government
Government
Government refers to the legislators, administrators, and arbitrators in the administrative bureaucracy who control a state at a given time, and to the system of government by which they are organized...
sectors." Conversely, some municipalities with a more traditional constituency might attempt to hire specifically those women who wear a headscarf (Professor 12 April 2005). The professor did add, however, that headscarved women generally experience difficulty in obtaining positions as teachers, judges, lawyers, or doctors in the public service (ibid.). More recent or corroborating information on the headscarf ban in the public service could not be found among the sources consulted by the Research Directorate.
The London-based Sunday Times reports that while the ban is officially in place only in the public sphere, many private firms similarly avoid hiring women who wear headscarves (6 May 2007). MERO notes that women who wear headscarves may have more difficulty finding a job or obtaining a desirable wage (Apr. 2008), although this could not be corroborated among the sources consulted by the Research Directorate.
Medical care
According to the Sunday Times, headscarves are banned inside Turkish hospitals, and doctors may not don a headscarf on the job (6 May 2007). Nevertheless, MERO reports that under Turkey's current administration, seen by secularists to have a hidden religious agenda (The New York Times 19 February 2008; Washington Post 26 February 2008), doctors who wear headscarves have been employed in some public hospitals (MERO Apr. 2008).The professor of political science at Bogazici University
Bogaziçi University
Boğaziçi University is a public university located on the European side of the Bosphorus strait in Istanbul, Turkey. It has five faculties and two schools offering undergraduate degrees, and six institutes offering graduate degrees...
in Turkey stated that, in addition to never having come across any cases where women wearing headscarves had been denied access to medical care in private or public medical centres, he felt it would be unlikely that this would occur (12 April 2005). The Immigration Counsellor at the Embassy of Canada in Ankara
Ankara
Ankara is the capital of Turkey and the country's second largest city after Istanbul. The city has a mean elevation of , and as of 2010 the metropolitan area in the entire Ankara Province had a population of 4.4 million....
stated that "women who wear headscarves have full access to medical care" (27 April 2005), though news reports and NGO reports to the UN confirm that "women wearing the headscarf have been denied medical care in Turkish hospitals."
Controversial events
- In 1968, a female university student, Hatice Babacan, refused to remove her headscarf and from then onwards, although there was not a uniformly applied ban, some problems began to arise for students wearing headscarves at universities.
- In 1998, a Turkish student was banned for wearing a headscarf at Istanbul UniversityIstanbul UniversityIstanbul University is a Turkish university located in Istanbul. The main campus is adjacent to Beyazıt Square.- Synopsis :A madrasa, a religious school, was established sometime in the 15th century after the Ottoman conquest of Constantinople. An institution of higher education named the...
.
- In 2000, Nuray Bezirgan, a Turkish female student, wore a headscarf at her college final exams. A Turkish court sentenced her to six months jail for "obstructing the education of others". The European Court of Human RightsEuropean Court of Human RightsThe European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or...
upheld the ban in 2004, saying the rules on dress were "necessary" and did not violate the European Convention on Human RightsEuropean Convention on Human RightsThe Convention for the Protection of Human Rights and Fundamental Freedoms is an international treaty to protect human rights and fundamental freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953...
. In October 2006, the European Court of Human Rights upheld the university ban again, rejecting a complaint filed by another Turkish university student.
- In May 1999, the ban on headscarves in the public sphere hit the headlines when Merve KavakçıMerve KavakciMerve Safa Kavakçı was a Turkish politician, who was elected as a Virtue Party deputy for Istanbul on April 18, 1999. On May 2, she was prevented from making her parliamentary oath because of her hijab, which is banned for civil servants in secular Turkey...
was prevented from taking her oath in the National AssemblyGrand National Assembly of TurkeyThe Grand National Assembly of Turkey , usually referred to simply as the Meclis , is the unicameral Turkish legislature. It is the sole body given the legislative prerogatives by the Turkish Constitution. It was founded in Ankara on 23 April 1920 in the midst of the Turkish War of Independence...
because she wore a headscarf. She was the newly elected-MP of Istanbul of the pro-Islamist Virtue PartyVirtue PartyVirtue Party was an Islamist political party established in December 1998 in Turkey. It was found unconstitutional by the Constitutional Court and then banned in June 2001, for violating the secularist articles of the Constitution...
, and she refused demands to leave the building. The secular opposition members protested by chanting 'out' for 30 minutes, and the then prime minister Bülent EcevitBülent EcevitMustafa Bülent Ecevit was a Turkish politician, poet, writer and journalist, who was the leader of Republican People's Party , later of the Democratic Left Party and four-time Prime Minister of Turkey.- Personal life :...
accused her of violating the principles of secularism. A state prosecutor investigated whether she might be put on trial for provoking religious hatred. She received much support from IranIranIran , officially the Islamic Republic of Iran , is a country in Southern and Western Asia. The name "Iran" has been in use natively since the Sassanian era and came into use internationally in 1935, before which the country was known to the Western world as Persia...
, by the Ayatollah Ahmad Jannati and hundreds of women demonstrating in support of the deputy. A few months later her Turkish citizenship was revoked because she also held an American citizenship.
- In October 2006, Turkish president Ahmet Necdet SezerAhmet Necdet Sezer- External links :* , Presidency of the Republic of Turkey...
refused to allow AKP politicians whose wives wore headscarves to a ball marking Turkish independence, saying it would "compromise" and undermine the secular state founded by Atatürk.
- In March 2009, Kıymet Özgür who wore the çarşaf (chadorChadorA chādor or chādar is an outer garment or open cloak worn by many Iranian women and female teenagers in public spaces. Wearing this garment is one possible way in which a Muslim woman can follow the Islamic dress code known as ḥijāb. A chador is a full-body-length semicircle of fabric that is...
) was attacked by CHP members when she tried to get into an election bus of mayoral candidate Kemal Kılıçdaroğlu in Istanbul. It was later known she had disguised herself to test the party's new initiative.
- The CHP (Republican People's PartyRepublican People's Party (Turkey)The Republican People's Party is a centre-left Kemalist political party in Turkey. It is the oldest political party of Turkey and is currently Main Opposition in the Grand National Assembly. The Republican People's Party describes itself as "a modern social-democratic party, which is faithful to...
) is a Kemalist party, however, its then leader Deniz BaykalDeniz BaykalDeniz Baykal is a Turkish politician. He was a long-time leader of the Republican People's Party .-Biography:...
surprised supporters by allowing those who wear the çarşaf (chadorChadorA chādor or chādar is an outer garment or open cloak worn by many Iranian women and female teenagers in public spaces. Wearing this garment is one possible way in which a Muslim woman can follow the Islamic dress code known as ḥijāb. A chador is a full-body-length semicircle of fabric that is...
) to become members of the party in late 2008. The surprising move was viewed as to attract conservative voters to the party. Some people criticised Baykal's move as betraying the heritage of the historical party.
Ban lifted
Prime Minister Erdogan campaigned in his victorious 2007 campaignTurkish general election, 2007
Turkey's 16th general election was held on July 22, 2007 and resulted in a resounding victory for the incumbent Justice and Development Party...
with a promise of lifting the longstanding ban on headscarves in public institutions. However, as the Turkish deputies voted in Parliament, tens of thousands protested outside in favour of the ban.
On February 7, 2008, the Turkish Parliament passed an amendment to the constitution, allowing women to wear the headscarf in Turkish universities, arguing that many women would not seek an education if they could not wear the head scarf. The main political party, the Justice and Development Party
Justice and Development Party (Turkey)
The Justice and Development Party , abbreviated JDP in English and AK PARTİ or AKP in Turkish, is a centre-right political party in Turkey. The party is the largest in Turkey, with 327 members of parliament...
and a key opposition party, the Nationalist Movement Party
Nationalist Movement Party
The Nationalist Movement Party , is a far-right political party in Turkey.In the 2002 general elections, the party had lost its 129 seats as it had won only 8.34% of the national vote...
claimed that it was an issue of human rights and freedoms. The Parliament voted 403-107 (a majority of 79 per cent) in favour of the first amendment, which was inserted into the constitution stating that everyone has the right to equal treatment from state institutions. However the move resulted in opposition throughout Turkey. The country's educational board and numerous universities vowed to defy the new law. In addition, the main pro-secular, opposition party of the Republican People's Party
Republican People's Party (Turkey)
The Republican People's Party is a centre-left Kemalist political party in Turkey. It is the oldest political party of Turkey and is currently Main Opposition in the Grand National Assembly. The Republican People's Party describes itself as "a modern social-democratic party, which is faithful to...
asked the constitutional court to block the new law passed, and viewed it is a move towards an Islamic state
Islamic State
An Islamic state is a type of government, in which the primary basis for government is Islamic religious law...
. Thousands of demonstrators supporting the ban also gathered near the Parliament against the move by the government.
Lifting of ban annulled
On 5 June 2008, Turkey's Constitutional Court annulled the parliament's proposed amendment intended to lift the headscarf ban, ruling that removing the ban was against the founding principles of the constitution. The highest court's decision to uphold the headscarf ban cannot be appealed (AP 7 June 2008).Post September 2010: Headscarves informally permitted
After winning a referendumTurkish constitutional referendum, 2010
A constitutional referendum on a number of changes to the constitution was held in Turkey on 12 September 2010. The results showed the majority supported the constitutional amendments, with 58% in favour and 42% against. The changes were aimed at bringing the constitution into compliance with...
in September 2010, the ruling AK Party vowed to support any student who was disciplined for wearing the headscarf on a university campus. Following this, the head of the Turkish Higher Educational council(YÖK
Yok
*Sai Yok* see Yok-Utian languages*Yok weaving technique, see Thai-style dresses*Yok, a Turkish copula, negation of "to be"*YÖK , an abbreviation for the Commission for Higher Education, Turkey...
), Yusuf Ziya Özcan, announced that instructors in universities may no longer take action against students wearing the headscarf. While this goes against the Constitutional Court ruling of 2008, most universities have started permitting students to wear the headscarf on campus.
See also
- Islamic dress controversy in Europe
- Islam and clothingIslam and clothingAdherents of Islam are concerned with clothing in two contexts: clothing for everyday wear, inside and outside the house; and clothing required in specifically religious contexts....
- Islam in TurkeyIslam in TurkeyThe region secacomprising modern Turkey has a long and rich Islamic tradition stretching back to the dawn of the Seljuk period and Ottoman Empire. The country has many historical mosques present throughout the cities and towns, including many in Istanbul...
- Secularism in TurkeySecularism in TurkeySecularism in Turkey defines the relationship between religion and state in the country of Turkey. Secularism was first introduced with the 1928 amendment of the Constitution of 1924, which removed the provision declaring that the "Religion of the State is Islam", and with the later reforms of...
- Merve KavakçıMerve KavakciMerve Safa Kavakçı was a Turkish politician, who was elected as a Virtue Party deputy for Istanbul on April 18, 1999. On May 2, she was prevented from making her parliamentary oath because of her hijab, which is banned for civil servants in secular Turkey...
- Snow (novel)Snow (novel)Snow is a novel by Turkish author Orhan Pamuk. It was published in Turkish in 2002 and in English in 2004. The story encapsulates many of the political and cultural tensions of modern Turkey and successfully combines humor, social commentary, mysticism, and a deep sympathy with its characters.Kar...