European Court Decision on Turkish Headscarf, Revisited

Leyla Şahin v. Turkey was a 2005 European Court of Human Rights case brought against Turkey by Leyla Şahin that challenged a Turkish law which bans wearing the Islamic headscarf at universities and other educational and state institutions. The verdict upheld the Turkish law with 16 votes to 1. While recognizing the Turkish state’s right to intervention, the court concluded that in a democratic state, such intervention is acceptable. The lawyer and rights activist Fatma Benli has published a book that analyzes the case and its effects on local judicial outcomes in Turkey.

From Benli:

The book has detailed assessment on the decisions of 4th Chamber and Grand Chamber and provides explanation about possible outcomes and results when the subject matter left to local authorities’ judicial discretion. It has been provided critical evaluation how the decision on Sahin case will have effect on relevant processes in terms of similar applications to the Court and removal of headscarf ban in general. It has been established that the decision does not bind in anyway continuity of the interference on right to education. Further, the decision does not establish any barrier for the removal of the headscarf ban in Turkish universities.

To download a pdf of the entire book (118 pages), click here: BenliEuropeanCourt

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