Turkish court rules headscarf reform ‘unconstitutional’

Turkey’s highest court yesterday (5 June) annulled a parliamentary vote on easing a ban on headscarves being worn at universities, saying it violated the secular principles of the Turkish constitution.

The court, voting by a clear majority of 9-2 against the bill, rejected the argument put forward by Prime Minister Taycip Erdogan’s government that a headscarf prevents many girls from obtaining proper education. 

Instead it embraced the position of the secular forces, who had clearly spoken against the move by Erdogan’s AKP party, saying this step granted Islam too much room in public life. 

This strict defence of secular principles deals a serious blow to the AKP. Indeed, the party is also awaiting a ruling from the Constitutional Court on a request from the country’s chief prosecutor to shut it down because its is allegedly attepting to soften the strict partition between religion and politics. 

The AKP closure case is being closely watched in Brussels and other EU capitals, with Commission officials and MEPs expressing hope that the Turkish Constitutional Court will respect the principles of rule of law, European standards and the Venice Commission guidelines on the prohibition of political parties. 

During his recent trip to Ankara, Commission President José Manuel Barroso pointed out that it was “something not normal in a stable democratic country that the party that was chosen by the majority of the Turkish people is now under this kind of investigation” (EURACTIV 11/04/08)

“We are looking for a secular, democratic Turkey. You cannot impose religion by force, you cannot impose secularism by force,” Barroso said, issuing a warning that “since Turkey is an EU candidate country, we cannot be indifferent to this type of development”. 

The Turkey issue will also feature highly during the upcoming French Presidency, with the political class and the government expected to speak clearly against Turkish EU accession. 

AKP officials, who heavily criticised the headscarf ruling, have convened an emergency meeting today to discuss possible strategies to avoid another negative ruling, which would mean the end of their party. 

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