By IINA,
Ankara : Amid calls to curtail the powers of Turkey’s Constitutional Court over its ruling annulling a constitutional reform bill easing ban on Hijab in universities, Human Rights Watch denounced the verdict as a violation of religious freedom.
“This decision means that women who choose to wear a headscarf in Turkey will be forced to choose between their religion and education,” Holly Cartner, Europe and Central Asia Director at HRW, said in a statement. “This is truly disappointing and does not bode well for the reform process,” Reuters reported quoting her. The Constitutional Court, Turkey’s highest court, last Thursdayannulled a constitutional reform bill easing restrictions on Hijab on campus.
“The Constitutional Court decision is direct interference in parliament’s legislative power,” AK deputy chairman Dengir Mir Mehmet Firat told reporters after an emergency meeting chaired by Prime Minister Recep Tayyip Erdogan on Friday. “This is an open violation of the principle of separation of powers.” The parliament passed last February a constitutional change allowing students to cover their heads only with traditional scarves tied loosely under the chin. Veils covering the neck remained banned.
The opposition Republican People’s Party (CHP) petitioned the Court, whose verdicts can’t be appealed, to scrap the amendment.
Many universities defied the law, refusing to allow students to don Hijab, an obligatory code of dress in Islam. Hijab has been banned in public buildings, universities, schools and government buildings in Muslim-majority Turkey since shortly after a 1980 military coup.
The court ruling also drew fire as a violation of the Turkish Constitution. “This decision has raised questions over the separation of powers,” said parliament speaker Koksal Toptan. “It has led to serious concern over the development of our democracy,” added Toptan, who hails from the ruling AK party. “The Constitutional Court made a decision about the contents of this law passed by 411 deputies of our parliament even though the constitution clearly states the court can only carry out procedural examinations.” The speaker suggested drafting a new constitution and establishing a senate in addition to a parliament to trim the powers of the Constitutional Court, according to Islamonline. “I believe it will be beneficial to debate a new constitution and the bicameral system,” he said.
The Turkish parliament was bicameral under the 1961 constitution, but became unicameral again under the 1982 constitution, a legacy of a 1980 military coup. “Such a system will reduce the load on the Constitutional Court and allow it to work more comfortably,” said Toptan. “The burden of the Constitutional Court may ease in a two-chamber system.” The government has not commented on the senate proposal. Turkish TV quoted the staunchly secularist, main opposition party CHP Chairman Deniz Baykal as rejecting such a move. The CHP would not be able to block it on its own and it was not immediately clear how other parties would respond.