Information Note on the Court’s case-law 44

July 2002

Leyla Åžahin v. Turkey (dec.) - 44774/98

Decision 2.7.2002 [Section IV]

Article 9

Article 9-1

Manifest religion or belief

Prohibition on wearing Islamic shawl at university: admissible

In February 1998, the Office of the Rector of the University of Istanbul issued a circular to the effect that female students wearing the Islamic headscarf could not be admi tted to lectures, practical training sessions and tutorials. This circular was followed on 13 March 1998 by a memorandum from the Office of the Rector of the University of Istanbul on dress code in higher educational institutions.  According to this memora ndum, the wearing of the Islamic headscarf on the premises of higher educational institutions was a disciplinary and criminal offence. The applicant, who wore an Islamic headscarf, was a student at the faculty of medicine of the University of Istanbul at t he material time. Before the memorandum from the Rector’s Office was circulated, the applicant was refused permission to sit an examination on the ground that she was wearing an Islamic headscarf. On 20 March 1998, she was refused permission to enrol for a class because of her headscarf. On 16 April 1998, for the same reason, she was refused permission to attend another class. On 3 June 1998, the Board of Governors reprimanded her for having infringed the rules relating to dress code by wearing the headscar f.  On 10 June 1998, she was again refused permission to sit an examination.

Admissible under Articles 8, 9, 10, 14 in conjunction with 9 of the Convention, and Article 2 of Protocol No.1.

© Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court.

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