Information Note on the Court’s case-law 44

July 2002

Zeynep Tekin v. Turkey (dec.) - 41556/98

Decision 2.7.2002 [Section IV]

Article 9

Article 9-1

Manifest religion or belief

Prohibition on nurse wearing Islamic shawl during practical exercises in nursing school: admissible

In 1988, the Board of Higher Education issued a circular on nurses’ uniforms, requiring them in particular to wear a special kind of head covering when performing clinical work.  The applicant, a student in a nursing college, was reprimanded for having taken part in practical exercises while wearing an Islamic headscarf instead of the regulation head covering.  Nevertheless, the applicant c ontinued to wear the headscarf and was excluded from classes for a fortnight; she was told that the university administration did not require her to comply with any dress code, except in the case of practical work, during which all students were required t o wear a uniform.  The Administrative Court dismissed the applicant’s appeal against the penalty which had been imposed on her. The court’s decision, against which she had lodged an appeal, was upheld by the State Council.

Admissible under Article 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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