Application by Tuğba Arslan

A judge removed Tuğba Arslan, a member of the Ankara Bar Association, from a hearing because Arslan was wearing a headscarf while representing a party. The judge postponed the hearing and ordered alternate counsel in Arslan’s place. Turkish Bar Association rules prohibit attorneys from wearing headscarves during hearings. Arslan appealed to the Constitutional Court, claiming that because no legislation prohibited headscarves during hearings, her rights to freedom of religion and equal treatment had been violated. The Court agreed, holding that women may wear headscarves in accordance with Islam and the practice is common in Islamic society; therefore, the Arslan’s religious right was violated. Further, the Court stated that some limitations could be placed on rights but that such limitations, among other requirements, must be prescribed by law. Moreover, the Court reasoned that Arslan’s removal violated the non-discrimination principle, since on the one hand, women attorneys who do not wear headscarves are permitted to attend hearings while Arslan, on the other hand, is not.



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