March 13, 2008 - 14:19 AMT
Execution of order allowing to wear headscarf in universities suspended
The Council of State ordered a stay of execution yesterday on the Higher Education Board's (YOK) order to universities to allow the Islamic headscarf on campuses.
YOK President Yusuf Ozcan had sent a written statement to university rectors on Feb. 24 in which he argued that the changes to articles 10 and 42 of the Constitution were sufficient to lift the headscarf ban in universities without further need of legal regulations. His action was immediately brought before the Council by some academics and university professors' associations.
The Council of State ruled that Ozcan's written statement counted as a circular and ordered a stay of execution by unanimous vote. The circular is legally flawed and the YOK president is not entitled to pass unilateral measures, the Council said.
Some rectors backed the ruling and asked for legal action against Ozcan himself. Inonu University rector, Professor Fatih Hilmiolu, said an inquiry should be launched into Ozcan's actions. Ankara University rector, Professor Nusret Aras, stressed that Council's decision is an unequivocal response to claims that constitutional changes are sufficient to allow the headscarf in universities.
The government aimed to lift the ban on the headscarf in universities by stressing equality in utilization of public services in Article 10 of the Constitution and by adding a phrase to Article 42 which stipulates that no ban not specifically expressed by laws can impede the right to higher education. Discussions abounded on whether any specific law should be promulgated to lift the ban.
An overwhelming majority of rectors persisted that the ban remained intact, a position in stark contrast with that of Ozcan who faced calls for resignation by Turkey's inter-university council, the Turkish Daily New reports.