WOMEN’S RIGHTS ORGANIZATION AGAINST DISCRIMINATION

AKDER is an NGO in Special Consultative Status with the

Economic Social Council.

1964-1997

HISTORY OF HEADSCARF ISSUE

IN GENERAL TERMS*

Headscarf issue was turned into a problem during our recent history, and it was not solved in one way or another for years. There have been many discussions in this issue. There have been many different comments; laws were introduced for halting the headscarf ban on occasion and court decisions were made against headscarf freedom. Since women wearing headscarf and their requests for their rights did not die out by the introduction of a ban on wearing of headscarf, the issue has never been off the agenda of the society. Just we have moved back and forth towards the freedom and we have got orders for taking off and on headscarves during years.

AKDER (Women Rights Organization against Discrimination) prepared a ‘Chronology’ study for determining the violations of rights due to the headscarf ban during years. In the first part of the study, we reviewed the changes in the legislation on the headscarf issue and implementations of the legislations between 1968-1997. In following parts, firstly, ‘Period starting by the postmodern coup of February the 28th 1997 and what were experienced during this period in general terms’ will be reviewed and then ‘Discriminatory Implementations against Women Wearing Headscarf’ in years of 1998-2004, 2005, 2006, 2007, 2008, 2009 and 2010 will be recapitulated.

1964

Gülsen Ataseven decided to wear headscarf while she was studying in the Faculty of Medicine of Istanbul University. She graduated ranking first in her year. Despite of the custom of allowing the student, who ranks first for the year for addressing a speech in the graduation ceremony, she was not allowed for the speech and the school administration had it done by the student ranking second.

(Emre Akoz/Nevzat Atal, The Newspaper of Sabah, 22.12.2004)

1965

President of the Republic, Cevdet Sunay, declared ‘Women who are frontiers of women wearing headscarf on streets will be punished’. Following this, Şule Yüksel Şenler write an article in the Newspaper of Yeni Istiklal, titled ‘President should ask forgiveness from God and the society’. She was punished by penalty of imprisonment for 9 months due to writing this article. President let her off after two months. Sule Yuksel Senler did not accept President offer for let off and she served 7 more months in prison.

(Emre Aköz / Nevzat Atal, Newspaper of Sabah, 22.12.2004)

February 1968

Hatice Babacan was expelled form the Faculty of Theology of Ankara University due to her attending to lectures while she was wearing headscarf.

April 16, 1968

50-60 students in the Faculty of Theology of Ankara University boycott of lectures for protesting the administration that expelled two women wearing headscarf.

(Newspaper of Milliyet)

April 28, 1968

Dean of the Faculty of Theology of Ankara University, Hüseyin Yurtaydın Prof, resigned from Dean Office and from the lecturer position in the University.

(Newspaper of Cumhuriyet)

April 30, 1968

Administrative Committee of Ankara University decided that education in the Faculty of Theology would be suspended till the evening of May 31st and that the resignation of Hussein Yurtaydın, Prof, from his post of Dean and Lecturer statute, would be refused.

(Newspaper of Milliyet)

March 29, 1973

Lawyer Emine Aykenar who was a member of Ankara Bar, was expelled from the Bar due to her wearing of headscarf.

October 23, 1977

Disciplinary Investigations were launced about 215 girl students in Islamic Divinity High School (Imam Hatip High School) due to their attendance to classes while wearing headscarf.

(Newspaper of Yeni Devir)

September 12, 1980

Turkish Army made a military coup. 6th Government of Prime Minister Demirel and Turkish Grand National Assembly were dissolved. Operation of Labour Unions and NGOs were halted. Army proclaimed a martial law forceful in whole Turkey. Turkish Constitutional Law that was introduced in 1961 and amended in 1971 was repealed completely. And a military era that would reconstruct Turkish Politics entirely has started. This period last for about 9 years. Following 12 October 1980, all political parties were abolished; Leaders of parties were first taken into custody by being kept in military bases and then brought up for trials.

December 30, 1980

Higher Committee of Department of Religious Affairs declared its decision, on request, about clothing of girl students studying in Islamic Divinity High School (Imam Hatip High School). Decision states, ‘...Covering hairs with headscarf, covering their whole body except their faces, hands and foots in places that men whom there is no obstacle with marrying them are provisions of Islam rather than being symbols or traditions that were introduced recently- as some people thought. Evidences proving that these provisions are based on orders of God were explained above in detail. Since Turkish women have complied with these orders of Islam for long time, this implication has also become a tradition....’ In the last part of the decision, it was stated that introduction of provisions into the regulation on Imam Hatpin High Schools that were contrary to the provision of Islam ordering wearing of headscarf, that violate the essential rights and freedoms described in our Constitutional Law, that harm the education and administration of Imam Hatip schools, was not appropriate.

(Decision Number 77)

July 22 1981

Turkish Cabinet leaded by Prime Minister, Bülent Ulusu, has approved ‘the Regulation on Clothing of Students and Teachers Who Study and Work in Schools That Are Bound to Either Ministry of National Education or Other Ministries’. University students were included in the coverage of this regulation. Provisions about university students are as followed: ‘a) Women students: Clothes should be clean, neat, ironed, modest; shoes and boots should be plain and low-heeled; head should not be covered and hairs should be combed and buckled; within university, headscarf should not be used. B) Men Students: Clothes and shoes should be clean, neat; within university, any coverage for head should be used; too long hair and sideburns should be cut; beard should not be grown; if there is moustache, it should be clean, combed and cut if grows beyond the lip line. Tie should be worn. In hot seasons, only shirt could be worn and in cold seasons, a jumper could be worn under the jacket.’

(Official Gazette: 07.12.1981, p.17537)

November 4, 1981

Higher Education Law 2547 was enacted. There were not any provisions on clothing in the law.

(Official Gazette: 06.11.1981, p.17506)

July 16, 1982

‘The Regulation on Clothing of Civil Servants Working in Public Institutions’ entered into force. The regulation includes provisions order that head do civil servants, either women or men, should be bare. The law defines clothing of civil servants in detail and from height of hills and sideburns till length of nails was determined. The aim of the regulation was to define a kind of civil uniform for all the civil servants.

(OG: 25.10.1982, numbered 17849)

November 26, 1982

An amendment was made on The Regulation on Clothing of Students and Teachers who Study and Work in Schools which are Under the Control of Either Ministry of National Education or Other Ministries. The new text of the regulation does not include provision which applies in ‘universities’. Article 21 was amended and new text of the regulation is as follows: ‘This regulation continues holding the provisions which were defined in the previous regulation on the clothing of students and teachers who study and work in primary schools, secondary schools and high schools’. Therefore, university students were excluded from covering of the regulation.

(OG: 24 December 1982, numbered 17908)

December 30, 1982

A new regulation which obliges university students o wear ‘contemporary clothing’ was issued by Higher Education Council. Parts of the regulation are as follows: ‘a. All students and lecturers in universities have to wear clothing which are contemporary, avoiding from overdressing, modest and compatible with Atatürk’s reforms and principles. b. All women and men students including citizens of other countries should wear clean, even and modest shirts, dresses and shoes. And all who defined above should be bareheaded and covering hairs within universities is banned.’ After this regulation came into force, some women students could not allowed entering their university due to their wearing of headscarf and some universities opened investigations about students wearing headscarf. In limited number of universities, students wearing headscarf were allowed to study without problem.

(Higher Education Council, Number: 7327)

May 10, 1984

Higher Education Council informed all universities about the regulation it issued. The regulation states ‘students can wear turban in modern style in universities’. The Council gives the following information in its letter sent to universities: ‘Our Council made discussion on the previous regulation which was issued on 20 December 1982. Although the regulation orders that headscarf can not be worn in universities, we found that there are some women students, tough they are small in number, who wear headscarf. We decided that this situation should be ceased immediately and effectively and majority of the Council decided that these students are allowed to universities only when they wear a modern ‘turban’.’ Therefore, wearing of a partial headscarf, so called ‘turban’, was allowed in universities.

(YÖK [Higher Education Council], N: 84.15.527)

October 10, 1984

Higher Education Council informed the universities that ‘photographs which will be attached to the diplomas and all other documents, could be with headscarf provided that it did not prevent the identification of the student.’

(Author: Mustafa Altıntaş, Higher Education Council and Legal System, Eğitimsen Publications, Ankara 2002, p.80)

March 13, 1985

Disciplinary Regulations for Students by Higher Education Council have been enforced. There have not been any disciplinary punishments for dressing code.

(RG:13.01.1985, s: 18634)

January 1987

Higher Education Council has added article of 7/h to Disciplinary Regulations for Students. According to the new article “it has been forbidden to wear any dresses out of contemporary view in classes, laboratories, hospitals and clinics of Higher Education Council”. Condemnation punishment has been proposed for those behaving against the article.

(RG: 08.01.1987, s.19335)

December 3, 1987

A new article has been added to Disciplinary Regulations for Students by Higher Education Council, article of 7/h. According to the new article “it has been forbidden to wear any dresses out of contemporary view in classes, laboratories, hospitals and clinics of Higher Education Council (but it is free to cover head and neck with headscarf or turban for religious reasons)”.

November 16, 1988

Additional article of 16 to the law number 2547 which was added to the law number 3503 by a proposal of Anavatan Party has been adopted by Grand National Assembly of Turkey. The new article is as follows:” It is free to dress for students and lecturers whatever they want in institutions of Higher Education Council as long as it is not contrary to the law 174. With regard of this issue any individuals or institutions have not been allowed to take limitations, the decision cannot be retrieved.”

(A law on adding three additional articles to the law number 2547 and on modification of an article of law of Higher Education Council

December 1, 1988

The president Kenan Evren has not approved the additional article 16. He sent the article to the Grand National Assembly of Turkey to be discussed again according to the article 89 of the Constitution. The law could not be passed.

(TBMM Tutanak Dergisi, C:18,1989, TBMM Basımevi Ankara, s.286-291)

December 10, 1988

Grand National Assembly of Turkey has passed the new additional article 16 with a law of 3511. The new additional article 16 is as follows: “it has been forbidden to wear any dresses out of contemporary view in classes, laboratories, hospitals and clinics of Higher Education Council but it is free to cover head and neck with headscarf or turban for religious reasons)”. The new law has been signed by the President and appeared in official gazette and come into force.

(RG:27.12.1988, s.20032)

May 27-28, 1989

Turkish Bar Association has changed the professional rules in 20^th Ordinary General Meeting. According to the new rules lawyers have to serve in court with head uncovered. The article 20 is as follows: “all lawyers have to serve in courts professionally with head uncovered. They have to wear stuff gown and clean clothes in courts specified by Turkish Bar Association. Male lawyers have to wear tie according to the season”.

July 7, 1989

8^th Chamber of State Council has made a decision cancelling an expression in article 7/h which allows covering head and neck with turban or scarf for religious reasons.

January 4, 1989

The President Kenan Evren has applied to the Constitutional Court for the cancellation of additional article 16.

March 7, 1989

The Constitutional Court has cancelled the second sentence of the additional article 16 which allows covering head and neck with turban or scarf for religious reasons.

(E. 1989/1 E., 1989/12 K, RG: 05.07.1989 tarih,  20216  sayı)

December 20, 1989

Disciplinary Regulations for Students by Higher Education Council has been changed. Clause h of the article 7 of Disciplinary Regulations for Students by Higher Education Council has been cancelled. According to the new modification dressing code has been taken from the regulation.

October 25, 1990

Grand National Assembly of Turkey added the additional article 17 to the Law number 2547 of Higher Education Council according to the law number 3670. the additional article is as follows: “There is freedom of dress code in Higher Education Institutions as long as it is not contrary to the present laws.”

(RG: 28.12.1989, s.20386)

October 25, 1990

A law number 3670 regarding cancellation of disciplinary punishments on dressing code from students’ registration has been passed. Temporary article 1 is as follows: all kind of disciplinary punishments imposed about dressing code before the given article has been cancelled.”

December 3, 1990

Social Democratic People’s Party has applied to the Constitutional Court for the cancellation of additional article 17.

April 9, 1991

The Constitutional Court has rejected the request for the cancellation of the additional article 17. Additional article 17 has remained in force.

(1990/36E, 1991/8 K., RG: 31.07.1991, s.20946)

February 3, 1993

Directorate of Religious Affairs, Directorate of Religious Affairs Council has repeated the same decision on “hijab”. “1)both men and women have to avoid looking at haram 2) women should not show their body parts except hands, face and feet to men and they have to wear loose clothes  3) women have to cover their head, hairs and neck with a scarf. All these things are orders from the holy book, prophet’s hadithes and unanimous opinion of Islamic scholar. Muslims have to obey these orders.”

(Karar no: 6)

May 1, 1994

53 students who are students of nursing department at Faculty of Cerrahpaşa Medicine, University of Istanbul, had not been taken into practical course because of their headscarf.

June 9, 1995

Additional 23^rd clause of Higher Education Law came into force. This clause allows students who have trouble with their university to continue their education in another institution by stating”In higher education institutions practical and applied courses can be studied at public institutions and equivalent private institutions. While this period students are subjected to Higher Education institutions discipline rules.” (N: 4111/2)

October 24, 1996

Dean of Faculty of Medicine (University of Hacettepe) Prof. Yavuz Renda banned wearing headscarf at all branch of Medicine Faculty by a circular.

November 19, 1996

Headscarfed students who attended exam with hope of getting back their education right been thrown from class at Cerrahpaşa Faculty of Medicine, Health Service Branch.

March 24, 1996

Aysel Şen (agricultural engineer) started to applied formation education for having teacher status. But she didn’t accept for her training period at Necatibey High School in Bursa because of her headscarf.

June 16, 1996

A girl student who is a student of Theology High School didn’t take in at general exam of “Science High School” because of her headscarf.

July 8, 1996

The first and second party at parliament named as Party of Prosperity (Refah) and Rigthway (Doğruyol) formed a coalition government. By signification of Crisis Statutes and Document of National Security Politics, Committee of National Security became as the higher authority who can apply sanctions at crisis period described as crisis by Committee. First applications of this Documents shown up at period named as “February 28 Period” at 1997.

September 3, 1996

University of Ankara didn’t accepted photos with headscarf given at registration period.

October 19, 1996

At department of Nursing of Health Services Vocational School (University of Istanbul) 30 of 70 headscarfed students been qualified as “failed” because they didn’t take off their headscarf. Director of school Demir Tiryaki, had declared that it is difficult to understand whether a headscarfed student is a girl or boy!

November 30, 1996

It’s been determined that; Doctor Şükran Erdem who won the exam of specialist, been locked to the museum at working hours by Kemal Alemdaroğlu who is the head of a division at Faculty of Medicine at Istanbul University. (Next year Kemal Alemdaroğlu been appointed as rector of Istanbul University)

December 4, 1996

Kemal Alemdaroğlu who is the head of a division at Faculty of Medicine at Istanbul University put embargo on the journalist and reporters who support Şükran Erdem.

* By Att Fatma Benli. While preparing this study, we have collected infromation from newspapers; ‘Recent History of Headscarf Ban with Photographs, WITH PLEASURE- Fotoğraflarla Başörtüsü Yasağının Yakın Tarihi BAŞÜSTÜNE’, Kırkanbar Publications 35, Human Rigths Series 1, AKDER, Istanbul 1999; ‘Memories of Bulent Caparoglu, Strugle on headscarf in the Parliament- Bülent Çaparoğlu’nun Hatıraları, Mecliste Başörtüsü Mücadelesi’, Sule Publications, Istanbul 1998; and ‘Turkish Legislations on Clothing and Turban- Türk Kıyafet Hukuku ve Türban’, by Mehmet Semih Gemalmaz, Legal Publications, Istanbul 2005. Bearing in mind that since the review  only covers occasions that is known to us, it is only possible to reflect one side of whole effect of headscarf ban’s destructive consequences on women’s and girls life.