SECULARISM IN TURKEY

1. The principle of secularism was inspired by developments in Ottoman

society, in order to create a modern society in which equality was
guaranteed to all citizens without distinction on grounds of religion,
denomination or sex. It was created an idea of public sphere which should
be more neutral and as a neutral space, there should not be any visibilty
for religious signs or ethnic differences.
2. It tried to teach a way of living, a way of thinking, a way of reasoning, and
it became a vector of modernization in the direction of western
civilization, so it is not only a neutral concept of the public sphere, but
really a modernist project.
3. Unfortunately, the simple use of headscarf is still seen as a threat to the
secularism working process. This is what we want to prevent. The court
must prevent people to put the supposed modernising project ahead of
human rights and personal freedoms, even if it is according to the States
law. Its crucial to bear in mind that the Convention for Human Rights is
absolute and must be strictly followed by its signatures.
4. In comparative law, its possible to find some really tolerant examples:
Austria, German, Netherlands, Spain, Sweden, Switzerland and the Uk are
countries where there are is no special legislation concerning the usage of
veil. Generally, they consider that banning it would be only justifies if it
poses a health or safety hazard for pupils.

STATE AUTONOMY IN THEIR EDUCATIONAL PROGRAM

5. In addition, as stressed in the article 3 of recommendation number 1353
adopted in 1998 in the Council of Europe, Higher education has a key
role to play in the promotion of human rights and fundamental freedoms
and the strengthening of pluralistic democracy and tolerance and
widening opportunities for member of all groups in society to participate
in it contribute to securing democracy and building confidence in
situation of social tension.
6. Even under the aim to pursue the principle of secularism, the ban on
wearing the Isdlamic headscarf was an unjustified interference in her
right to manifest her religion, since it wasnt a threat to anybodys health,
safe, or faith. Her choice to use the veil had been based on her own
convictions, which was the most important right that pluralistic and liberal
democracy had granted her. As I had already said in my last speeches, a
democratic society can only be possible if secularism, liberty and equality
coexist without superim posing one another.

7. Id like to remember you all about some precedent cases we had dealt
with in this court.