Leyla Sahin v. Turkey
Encyclopedia
Leyla Şahin v. Turkey was a 2004 European Court of Human Rights
case brought against Turkey
by a medical student challenging a Turkish law which bans wearing the Islamic headscarf
at universities and other educational and state institutions. The Court upheld the Turkish law by 16 votes to 1.
Talvikki Hoopes argues that the ECHR's decision to uphold the law shows how freedom of religion has been limited by the ECHR's interpretation of Article 9 of the European Convention on Human Rights
.
Before the European Court of Human Rights
Şahin claimed that the measures taken against her by the University of Istanbul Articles 9 and 14 of the European Convention on Human Rights
— respectively the right to freedom of thought, conscience and religion, and the prohibition of discrimination — stating that the prohibition on wearing the headscarf forced students to choose between education and religion and discriminated between believers and non-believers. She also relied on Articles 8 (the right to privacy) and 10 (freedom of expression).
European Court of Human Rights
The 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...
case brought against Turkey
Turkey
Turkey , known officially as the Republic of Turkey , is a Eurasian country located in Western Asia and in East Thrace in Southeastern Europe...
by a medical student challenging a Turkish law which bans wearing the Islamic headscarf
Hijab
The word "hijab" or "'" refers to both the head covering traditionally worn by Muslim women and modest Muslim styles of dress in general....
at universities and other educational and state institutions. The Court upheld the Turkish law by 16 votes to 1.
Talvikki Hoopes argues that the ECHR's decision to uphold the law shows how freedom of religion has been limited by the ECHR's interpretation of Article 9 of the European Convention on Human Rights
European Convention on Human Rights
The 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...
.
The alleged violation of the convention
Şahin comes from a traditional family of practising Muslims and considers it her religious duty to wear the Islamic headscarf. In 1998 she was a fifth-year student at the faculty of medicine of the University of Istanbul. On 23 February of that year the Vice-Chancellor of the University issued a circular directing that students with beards and students wearing the Islamic headscarf would be refused admission to lectures, courses and tutorials. In March Şahin was denied access to a written examination on one of the subjects she was studying because was wearing the Islamic headscarf. Subsequently the university authorities refused, on the same grounds, to allow her to enrol her in a course, or to admit her to various lectures and a written examination. The university also issued her with a warning for contravening the university's rules on dress and suspended her from the university for a term for taking part in an unauthorised assembly that had gathered to protest against them. All the disciplinary penalties imposed on the applicant were revoked under an amnesty law.Before the European Court of Human Rights
European Court of Human Rights
The 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...
Şahin claimed that the measures taken against her by the University of Istanbul Articles 9 and 14 of the European Convention on Human Rights
European Convention on Human Rights
The 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...
— respectively the right to freedom of thought, conscience and religion, and the prohibition of discrimination — stating that the prohibition on wearing the headscarf forced students to choose between education and religion and discriminated between believers and non-believers. She also relied on Articles 8 (the right to privacy) and 10 (freedom of expression).