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This research report which investigates the negative effect of headscarf ban on the development of women rights and to draw a map of general problems of woman in Turkey according to statistical data. Thus, the problems of woman in the fields of education, employment, political presentation, violence, rural areas, health, social security and social life are stated expressly depending on statistical data. Following this, a research about the effect of the headscarf-ban which is applied to headscarved women who constitutes the %65 percent of women population in Turkey is conducted. The difficulty of collecting statistical data about the discriminative treatment to headscarved women in the public and the ratio of women who affected from this ban is discussed. The juridical character of headscarf ban is evaluated in accordance with international law norms and especially United Nations documents, the differences of Europan Human Rights Convention (EHRC) from UN agreements, different protecting areas of EHRC from The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and the effects of Leyla Şahin decision. The arguments which are offered to legitimize this ban like; the freedom of dressing will in fact cause the limitation rights and have an adverse affect on women who do not use headscarf, will change the regime in the country, everyone should obey the rules of the state, turban is something different than headscarf, the headscarf should be banned because it is a political symbol, the laicism principle legitimates a different treatment, the headscarved might be kept out of the public sphere, headscarf is banned with the decision of the court. In the result and evaluation, our ideas for the solution of women problems are stated. To get specific results in the study, the statistics and research reports prepared by General Management of Woman's Statute(KSGM), non-governmental organizations and universities are used.
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HDIM.NGO/180/08
2 October 2008




Women's Rights Organization against Discrimination (AKDER)
AKDER is an NGO in Special Consultative Status with the Economic and Social Council of the United Nations



THE GENERAL CONDITION OF
WOMEN IN TURKEY
AND
THE EFFECTS OF HEADSCARF BAN
TO GENDER INDEX


2008-Istanbul




Fatma Benli, Attorney









Address: Millet Cd. N: 21/1 Hale Apt. K: 5 D: 7 Aksaray / °stanbul Turkey
Phone : +90 212 529 04 56 - Fax/Phone : +90 212 589 85 85
Web
: www.ak-der.org - ak-der@ak-der.org

1

CONTENTS
ABSTRACT
I. INTRODUCTION ……………………………………………………………………………1
II. THE IDENTIFICATION OF GENERAL PROBLEMS OF WOMEN IN TURKEY ……...1
1. Education ………………………………………………………………………………..2
a. Woman in the Field of Education …………………………………………………….2
b. Effects of Headscarf Ban on the Rate of Woman’s Education ……………………….3
2. Employment ………………………………………………………………………………4
a. Woman in Employment ……………………………………………………………….4
b. The Negative Effect of Headscarf Ban on Working Woman …………………………5
3. Participation in Political Spheres and Decision-making Mechanisms ……………………8
a. Women in Political Representation and Participation into the Decision-
Making Mechanisms ……………………………………………………………………...8
b. Political Representation of Women Wearing Headscarf ………………………………9
4. Inadequacy of Women’s Shelters, One of the Ways of Protection from Violence ……...10

a. Violence Directed to Women ………………………………………………………...11
b. The Negative Effect of Headscarf Ban on Working Woman …………...……………12
5. Rural Area ………………………………………………………………………………...13
a. Rural Women’s Problems and the Struggle with Patriarchy ………………………….13
b. The Effects of the Headscarf Ban on Rural Women ………………………………….14
6. Health and Social Security Rights ………………………………………………………..14

a. Women in Health and Social Security ………………………………………………..14

b. The Effects of the Headscarf Ban on Health and Social Security Rights …………….15

III. EFFECTS OF HEADSCARF BAN ON SOCIAL LIFE ……………………………………15
1. Headscarf Ban in Social Life ……………………………………………………………..15
2. Ratio of Women Who are Affected by the Ban and Difficulties Estimating Statistical Data
………………………………………………………………………………………….19
IV- EVALUATION OF HEADSCARF PROHIBITION ACCORDING TO INTERNATIONAL
LAW…………………………………………………………………………………………….22
1. Europan Court of Human Rights (ECHR) and CEDAW’s Different Protection Fields
and Effect of Decision on Leyla Sahin Case ….……………………………………….24
2. Differences Between Europan Human Rights Convention (EHRC) and CEDAW
and International Covenant on Civil and Political Rights ….…………………………….26
V. THE JUSTIFICATIONS OF THE HEADSCARF BAN AND CRITISISM ………………. 27
1. The Allegation that Headscarf Ban is in favor of Women …………………………......... 28
2. The Allegation that freedom in clothing will have negative effects on uncovered women
and will bring about regime change …….……………………………………………………….30
3. The Allegation that a Political Symbol, the Reality Behind the Differentiation between the
Headscarf and the Turban ……….……………………………………………………… 31
4. The Allegation that the Principle of Secularity Necessitates a Ban on Headscarf
…........33
VI. CONCLUSION AND EVALUATION ……………………………………………………..34
VII. BIBLIOGRAPHY ………………………………………………………………………….37
VIII. ABBREVIATIONS ……………………………………………………………………… 40







2

THE GENERAL CONDITION OF WOMEN IN TURKEY
AND
THE EFFECTS OF HEADSCARF BAN TO GENDER INDEX


ABSTRACT
This research report which investigates the negative effect of headscarf ban on the
development of women rights and to draw a map of general problems of woman in Turkey
according to statistical data. Thus, the problems of woman in the fields of education,
employment, political presentation, violence, rural areas, health, social security and social life
are stated expressly depending on statistical data. Following this, a research about the effect
of the headscarf-ban which is applied to headscarved women who constitutes the %65 percent
of women population in Turkey is conducted. The difficulty of collecting statistical data about
the discriminative treatment to headscarved women in the public and the ratio of women who
affected from this ban is discussed. The juridical character of headscarf ban is evaluated in
accordance with international law norms and especially United Nations documents, the
differences of Europan Human Rights Convention (EHRC) from UN agreements, different
protecting areas of EHRC from The Convention on the Elimination of All Forms of
Discrimination against Women (CEDAW) and the effects of Leyla Şahin decision. The
arguments which are offered to legitimize this ban like; the freedom of dressing will in fact
cause the limitation rights and have an adverse affect on women who do not use headscarf,
will change the regime in the country, everyone should obey the rules of the state, turban is
something different than headscarf, the headscarf should be banned because it is a political
symbol, the laicism principle legitimates a different treatment, the headscarved might be kept
out of the public sphere, headscarf is banned with the decision of the court. In the result and
evaluation, our ideas for the solution of women problems are stated. To get specific results in
the study, the statistics and research reports prepared by General Management of Woman’s
Statute(KSGM), non-governmental organizations and universities are used.

I. INTRODUCTION
When Turkey had signed The Convention on the Elimination of All Forms of Discrimination
against Women (CEDAW), Turkey subscribed to eliminate all forms of discrimination against
woman and to get the required measures and to provide realization of the rights given to
woman in the Convention (education, working, voting and being voted, maintaining equal
rights with man in front of law, to get domestic law measures in political, economic, juridical
and cultural fields,to get measures to prevent woman exploitation and prostitution,
discrimination against woman in political and public life of country, to maintain the
applicability of social care services and convention terms for women in rural areas, the
responsibility to prevent the differentiation between marriage and family care).

To maintain equality between women and men and adequate progress of women, many
articles about woman has been revised after 2002. In 2004, the constitutional provision
“Woman and man have identical rights. State is liable to put this equality into practice” is
included to Constitution. In the latest point, as stated in EU Progress Report, the legal
framework to put under cover the equality of genders is present in Turkey.

However the specific figures show that, the rights which are our under cover by conventions
and law are only on paper and have no actual application environment. The difference
between woman by means of economic participation and opportunities, education level,

3

health and political power is at an evident level1. Turkey which owns the 17th biggest
economy of the world ranks 105th in World Gender Map among 115 countries2. Turkey is
behind EU member States and even some Islam Countries by means of gender based
inequalities3.

The general low level of participation of women in education, working and political life
shows that Turkey could not assess adequate protection of equality between women and men.
The general rates about women prove that state has not fulfilled its liability to take the
required measures about political, economical and cultural areas to maintain the equal
participation of women. State fails to get effective temporary measures to solve general
problems and is inefficient to maintain actual equality between man and woman. Preventing
headscarfed woman to exercise their rights makes the solution of present problems more
difficult.


II. THE IDENTIFICATION OF GENERAL PROBLEMS OF WOMEN IN
TURKEY
It is not always possible to reach healthy information about the general rates of women in
Turkey. There is not certain and adequate data about women and the present data do not
comprise all problems about the condition, roles and rights of women4. General Management
of Woman’s Statute (KSGM) shows that there are gaps in statistical data production5. The
data used in 2008 “the Condition of Woman in Turkey”6 is taken from a research made
between 1994-2003; this shows the lack of contemporary systematic data about woman
problems. Thus, international, regional, formal and informal reports are used together to
acquire proper data.


2. Education
a. Woman in the Field of Education
There is a booming in education field all over the world. However, the education of woman is
problematic in many regions of the world. In spite of efforts to generalize basic education,
women are educated less than men and they can not reach information and experience to
increase their life standards and help them to harmonize with social and economic changes.

The rate of literacy and numeracy of woman in Turkey is %87, 93 in 2006-2007. This rate is
%99, 21 for men7. The rate of women who have university education is only %3 of the
population8. Basic education is supported since Ottoman Empire by law and regulations.

1 EU Progrees Report for Turkey 2007 (woman) http://www.ucansupurge.org/index. php?option=com
content&task=view&id=4022&Itemid=72
2 ESI (European Stability INıtiative): “Sex and Pover in Turkey Feminism Islam and the Maturing of
Turkish Democracy”, Berlin İstanbul, 02.06.2007, http://www.esiweb.org/pdf/esi_document_id_90.pdf
3 Turkey who ranks the lowest among OECD countries in human development index rates, ranks 84th
among 177 countries in bhuman development index. UN Development Programm 2007-2008 Human
Development Report.
4 European Parliement Proposal about the Condition of Woman in Turkey, 08.04.2008
5 General Management of Woman’s Statute, the Condition of Woman in Turkey Report, Ankara
January 2008. (http://www.ksgm.gov.tr/kadindurumu.pdf) (08.04.2008)
6 Prime Ministry General Management of Woman Statute, Report 2008, p. 32.
7 Prime Ministry General Management of Woman Statute, Report 2008, p.10. Especially in rural areas
the population records are not proper the real rate may be lower.
8 “Half of the women face violence in the first day of marriage” RADIKAL, 08.03.2007.

4

After the republic is founded the basic education has become compulsory. The international
conventions and agreements which are signed by Turkey, it was promised to increase the rate
of literacy to %100 for women9. However, the literacy of the population and especially
education of women are one of the biggest obstacles in front of country development. The
researches show that, 8 million women do not know reading and writing and 640 girls can not
attend school10. To encounter the problems caused by regional inequalities11 especially
campaigns to promote schooling of girls are mounted. Ministry of Education and UNICEF
has started campaigns called “Girls lets go school” has started mainly in south east of Turkey
and than expanded to all country12. According to UNICEF, this campaign resulted in 177.000
girls and 87.000 boys to start education and this is definitely lower than the targeted
13
num er
b
.


b. Effects of Headscarf Ban on the Rate of Woman’s Education
One of the reason’s of low rate of educated women is the necessity of uncovering their heads.
In Turkey, headscarf is banned in all levels of education. According to Unified Teaching Law
dated 06.03.1934, a unified education system is compulsory so, there are no alternative
education systems. The application is same for private schools. After 1998 post modern stroke
headscarf is banned in higher education institutions. 14

There are 19,437,566 students and 1.946.442 of them are university students. The headscarf
ban is applied even in faculty of Theology. The women who are forced to leave their
education through the application of headscarf ban are reflected to the education level of
Turkey as a negative indicator. The number of students who left school because of headscarf
ban in 1998 is not known. The universities have removed the pictures of headscarfed students

9 Prime Ministry General Management of Woman Statute, Report 2008
10 The manager of EKAM, Prof. Dr. Nurselen Toygar explained that the schooling rate is %29.94 for
faculties and high schools.
11 According to population census in 2000 the rate of men who do not know reading and writing is
%12, this rate is %35 for woman in South East Anatolia. There are researches which demonstrate that
nearly half of the woman population does not know reading and writing in rural areas of this region.
Regional inequality has dramatically prevented the education and employment opportunities to be in
use of people. The economic deprivation which is combined with socio-cultural deprivation has
imposed an unbalanced burden to women of these regions. (application of 60/251 numbered, 15 March
2006 dated, plenary assembly decision headed “Human Rights Commission” report of independent
reporter Yakın Ertürk’s report about “Violance against Women, its Reasons and Results” Turkey
Mission, 05 January 2007)
12 The projects like “Girls Lets go school” “dad take me school” organizations which are mounted in
collaboration with international institutions, private sector, and non governmental organizations aimed
to decrease the rates of girls leaving school and planning education programmes for thses girls and
woman. T.C Prime Ministry General Management of Woman Statute, Report 2008
13 BÜYÜKÖZTÜRK, Ş.: “Girls lets goto school” campaign: subjective evaluation study, 2005
14 Higher Education Code additional Art. 17 says: “the dressing is free in condition that if this freedom
will not be contrary to law rules in force”. (Higher Education Code additional Art. 17) But this rule is not
in application practically for the headscarved women. Moreover nothing is done when this law rule is
removed from the Law books. Higher Education Code additional Art. 17 was removed from the 208th
page of the book called “The Higher Education and İstanbul University Regulations” published by
İstanbul University Press at 1998, 1500 paged in two series. Inside the book Additional Ar 18
t. comes
after Additional Art.16. It is a clear proof of being unlawful and unjustifiable act not to place the Art.17
even it is in rce le
fo
gally and not to initiate any legal proceeding against the people concerned.

5

from the yearbooks15. Also, since 2002 headscarfed girls are not allowed to enter university
entrance exams, the number of girls who lost the chance of entering university is not known.

Whereas, a woman’s criticizing patriarchal thinking and customs is possible with their
education. Headscarf/turban ban causes woman not to have equal chances for education. As
stated by international human rights organizations, the prevention of women who wear
headscarf because of their religious beliefs, from state’s education institutions is one of the
chronic human rights violations in Turkey16.

The girls being unable to benefit from education because of literacy rate, schooling rate,
traditions and customs, patriarchal society is one of the priorities waiting for solution to
promote development. Preventing girls from education is also a form of economical
discrimination.

Participation of woman in economic and social life is one of the most important instruments
to maintain equality among genders. Socially equal change is possible through assurance of
economical and education rights of woman. Economic independence is an important factor to
empower women. The economic independence of woman is only possible with education.

Education has an autarchy which increases education and social mobility, enables poor
sections to change classes and thus provides social integration. From this point of view,
education is the most important social balance which shows that anyone who deserves and has
talent can rise. In a country where education does not function properly, social peace and
social order is violated seriously.

For development of society, education should be given more importance and required
resources should be allocated to
t
education. S ates are not only liable to education and training
to its citizens but also liable to provide equal opportunities to its citizens and to fulfill this
liability in a complete justice and equality.

2. Employment
a. Woman in Employment
Participation of woman in workforce is an important factor of sustainable development. While
the participation rate of males to workforce is %74, 417, the participation rate of females to
work force %24, 9 in 2006, the participation rate of women has increased in proportion to
revious years18
p
. The employment rate of woman in Europe is %4919. The employment rate
of woman in Turkey is the lowest among EU and OECD.

Also the researches demonstrate that women densely work in traditional woman jobs and
accept low statute and low waged jobs. The %48.5 of woman participating in work force work
in agricultural sector, %14, 4 work in industry sector, %37,1 work in services sector. only 14
of 100 women owns her own business, 47 work for any amount of fee and 39 work without

15 “The pictures of previous headscarfed students are removed from the yearbook.”, ZAMAN
05.12.2005
16 Summary report of Human Rights Agenda for Turley’s EU integration period’s next step January
2003 and 31 January 2003 Troiko-Turkey meetings Human Rights Agenda (Report)
17 http://www.ucansupurge.org/images/stories/ssgss-rapor.pdf, p: 51
18 This rate was %34,1 in 1990. Prime Ministry General Management of Woman Statute, January 2008
19 Prime Ministry General Management of Woman Statute, January 2008

6

payment as family worker20. These jobs also mean part time and temporary works and lack of
social security rights. The reasons for this are low educational level of women, improper
services for children, elderly people and disabled relatives who are cared by women and
division of labor in the society.

The rising unemployment affects woman more dramatically. Woman working in private
sector are not preferred as much as men, and in case of dismissing they are dismissed
predominantly. Also woman are generally employed in low income jobs. The discrimination
in entering workforce market decreases the participation of woman in the work force. The
strict work hours, limited opportunities of elastic working conditions, not fulfilling the
liability of day-cares for children and the abolishment of present day-cares by the law are very
effective in this situation. In rural areas 83 of 100 women works in agriculture and %81.9 do
not receive any fee and work as a family worker. They also do not have any social security
rights21.

It is claimed that the reason for low participation of woman in employment is the cultural
structure of Turkey. But the study of TESEV called “Woman not participating in high
management of politics and not participating in work force” demonstrated that as in
education, the poor participation of woman in employment is not
ed with the conservative
relat
ideas or traditions of Turkish people. %92.2 of people think that working woman will have a
higher self-respect, %87.2 thinks that even if the woman is rich, working will make woman a
better citizen, %92.2 think that every woman willing to work should be allowed to work. Only
%7.6 of people thinks that working women can not save their virtue.

The majority thinks that, the reason why woman should not work is the debate about
housework and childcare. They are afraid that woman cannot fulfill these liabilities if she
works. In the same research the majority also thinks that state should play its role to solve the
problems of working woman. Also %95.6 of the participants thinks that, the state should be
an actor in providing day-cares
work
for babies and children of
ing mothers. The %52.7 of the
participants support that if father wants to take care of the baby after birth, the man should be
paid during these allowance period22. The state only makes the legal fram
ork but does not
ew
get specific measures to increase the employment rate. The women are not provided with part
time working opportunities and flexible working hours.

b. The negative Effect of Headscarf Ban on Working Woman
One of the reasons of low employment rates for woman is the headscarf ban in Turkey. It is
compulsory to uncover one’s head in all stages of public jobs. The 811.668 of 2.438.239

Government officers are women23. The employment rate of woman in public jobs is %33 and
the rate of woman in this total employment is more than %2624. There is no gender
discrimination or unequal wages in public sector
these wom
. But, none of
en are allowed to
wear headscarves. After 2000, in the examinations for public officers, headscarfed women are
not allowed to participate. Moreover, in some jobs women are expected not to wear

20 Prime Ministry General Management of Woman Statute, January 2008
21 TOPRAK Binnaz/KALAYCIOĞLU Ersin, “Woman Not Paryicipating in High Pozitions o Politicics
and Economy” Turkish Economics and Social Studies Foundation (TESEV), İstanbul 2004
22 TOPRAK/KALAYCIOĞLU, http://www.bianet.org/bianet/kategori/bianet/32110/ siyaset-ust-
yonetim-ve-is-yasaminda-kadin

23 http://www.ucansupurge.org/images/stories/ssgss-rapor.pdf, p.51
24 http://www.ucansupurge.org/images/stories/ssgss-rapor.pdf, p.51

7

headscarves even out of work hours. For example the state council decided that an officer’s
using headscarf a after work hours is a reason for punishment25.

1998-200
In
2 about five thousand officers were dismissed from their positions and about
ten thousand of them were forced to abdicate.

However the legislation or the women who were successfully working in the previous years
had not changed. Only the ideas about headscarfed women had changed. among the officers
who were dismissed without any recruitment chance and did not have the chance to work
even as an office staff, there is a teacher who has worked for eighteen years and who was
dismissed before receiving the health commission report about her cancer treatment26.

In Turkey the law regulates the working rights and prohibits discrimination27. Majority of the
people is against the headscarf ban in schools and in public sphere28. The researches show
that the %67.9 of the public think that women should be able to use headscarves if they wish
government work29
in
. However there is a strict ban on headscarf. This ban is applicable even
for the surgery nurses who should wear bonnets to do their work30.

The doctors, pharmacist, dentists, advocates and notaries who are not in public service but
work independently or depended to a chamber could not work with their headscarves due to
the restrictions of their chambers and associations. Headscarfed advocates are not allowed to
participate in court.


25 Aytaç Kılıç who is a nursery school teacher used to take of her headscarf when she was at work. In
the manager examinations which took place in 2000 in Ankara, she got 85 out of 100 and ranked the
third in the examination. She was appointed as director to a school. But she could not enter the
garrison area while her photo in the identity card was headscarfed. Also she was rem
her
oved from
position upon the complaint by the garrison. the administrative court overruled the decision. but the
state council stated that the teacher’s being headscarfed constitutes a negative example for children and
overruled the descion. (2nd Section of Council of State, E: 2004/4051, K: 3366/2005, 26.10.2005).
26 BENLİ Fatma “There is no Limit in the Illegality of the Headsdarf Ban” İstanbul 2005, p. 325
27 In the Constitution it is stated that “Every Turk has the right to participate in public services. In
services no other discrimination other than qualification is considered. In the 70 numbered Government
officials regulation’s 48th article “the general and private requirements to be attained as government
official” are arranged. There is not a passage about dressing of officials. Working law regulates that
“anyone could be subject to discrimination because of his/her religious beliefs or ideas”( art 5). In the
regulation about” the regulation about dressing of the personnel 25.10.1982 dated, 17849 numbered
official gazette, it is stated that woman should wear, ironed pretty, clean, simple suits, simple and
elegant low-heeled, painted shoes, their heads should be uncovered, their hair should be open, the nails
should be in normal length. The skirts can not be over the knees or with long vents.” According to
125A/g article “not obeying the regulations about dressing” is subject to disciplinary punishment.
28 According to the research of TESEV the number of people agreeing the evaluation that” the female
public personnel should be allowed to use headscarf if they would like to” is %67.9. “The university
students should be allowed to use headscarf” evaluation is agreed by %71.1 of the participants. All
researches have the common outcome that about %70 of Turkish people is against the headscarf ban in
public sphere and in universities.
29 TESEV, h tp://www.tesev.org
t
.tr/etkinlik/Final%20Rapordin toplum.pdf, 2006
30 Kadriye İlhan has been working as a surgery nurse for eighteen years when she was investigated for
wearing headscarf in Cerrahpasa Medical University. Her permanent situation was immediately
changed and with ideological motives she was accused of creating unrest and than was forced to leave
the service.

8

Courts regard these operations legal Council of State declares the dress code of the intern
attorneys which force not to wear headscarf even in their private lives.31 Similarly, Istanbul Bar
Association carries a resolution to launch disciplinary investigation for the lawyers wearing
headscarf if they attempt to enter into the courtroom in such a dress.32 This decision invades
the labor rights of the lawyers who wear headscarves.

Furthermore, such examples can be expanded to the practices in the mainstream media
organizations and in educative foundations of private sector such as private establishments
preparing student for various exams and courses, and kindergartens. Even in sectors for
production of tradable goods and service, the employment level of head covered women is
low. As a result of the broadcasting policies of the main media prompting the ban and
marginalizing women with headscarves, especially in recent years, private firms and
organizations do not prefer women who wear headscarves as employees in order not to loss
profit by being categori
e
zed as fundam ntal or stained. Moreover, researches indicate that
several private firms force their head covered employee to choose either to uncover their
headscarf or to resign.33

As a result, private firms and companies embedded in a free market economy which
employed head covered personnel offer relatively low wages and standards to these
employees who have not other job opportunities. Although the statements against gender
based wage differentiations in labor law, a 25 percent wage differentiation is generally
observed in women/men comp
ons.
aris
34 In other words, despite the equality principle,
inequality in wages is still a matter. This fact is disguised through women’s employment in
low level jobs as unskilled workers.


31 Sentencing “an intern attorney can not be allowed to wear headscarf”, 8th Section of Council of State
declared that covering hair outside the Courthroom even during transport to the Bar was “against the
principles and revolutions of Ataturk” and “incompatible with the principles of laic (secular) republic”.
The conclusion is corresponding to the covering of a female attorney’s hair even in her private life
might be accepted as an inappropriate attitude and behavior to her profession of law. ( 8th Section of
Council of State, D: 02.03.1994, E: 1993/843, K: 1994/686 )
32 The İstanbul Bar started hunting attorneys who are wearing headscarves after the decision of board
directors prior to the election for chairman which will be held on October 2008. In a declaration
heading Istanbul Bar which was billboarded at all courthouses of Istanbul city, the board of Bar
claimed that the profession of law was not only confined to the court rooms and declared that wearing
either headscarf or other inappropriate dressings during all types of advocacy services in the
courthouses which are no doubt public spheres are disciplinary faults according to the profession
principles and rules. In the declaration, all the people at the Courtroom were forewarned for not
wearing headscarf and other inappropriate dressings during any piece of work at the Bar, executive
committees, clerks’ of Office as well as investigation and distrait places under the surveillance of
public prosecutors because of the public sphere nature of the task and also were asked to report
attorneys to the Bar who violate the abovementioned points after drawing up a record about them.
(“Baro'dan başörtülü avukatlara 'cadı avı'”http://www.haberaktuel.com/Istanbul-Barosu,-
basortulu-avukatlarin-pesine-dustu-haberi-138241.html)
33 It is impossible to collect reliable data about the number of violations on this issue. Because vast
majority of violations are not reported to human rights associations and media and some others are
masked by unjustly treated victims. A great many of charitable trusts and schools abstain from
acquainting people who are somehow aware of the violation and if the person spoken to is a journalist
he/she is begged not to transmit news and if is a human wrights association asked not to mention in the
violation reports. (Freedom of Religion Report in Turkey: “ Relations between Religions: Search of
Peaceful Cohabitation Existence in a Secular and Democratic System”, Liberal Thinking Association,
Ankara 2005, p. 22-23)
34 This rate is 15% in Europe.

9

Similarly, women who wear headscarf are generally employed in jobs outside of their
educated and qualified fields or in positions under their occupational qualifications. In
addition, they are constrained to accept lower wages compared to the women at the same
positions. In general, a head covered woman is regarded appropriate for low status jobs such
as agricultural works and cleaning. While in Sweden, rejection of application of a woman
wearing headscarf for a teacher position had been regarded as discrimination and the
respondent was obliged to amends,35 in Turkey, however, people implement policies to bar
women with headscarves from the employment.

If a woman achieved to have a high education and be a lawyer, a doctor or a teacher, then she
can easily be accused of being ‘a political symbol’ due to her headscarf. In this regard,
European Parliament declares the gender-based indirect discrimination36 observed in working
lives of head covered women. Since, the dress discrimination in services sector affects the
women’s labor force participation negatively. The necessity of uncovering heads in their
occupational lives barres these women with heads rves from
ca
the use of universal labor rights
through invading the statement that “each individual have right to work, freedom to choose
er/his occupation, to improve in
h
its jobs, and to have security in working environment and to
benefit from the facilities of his/her services.” This situation also prevents head covered
women to be economically independent and make them auxiliary in public life unlike taking
advantage of their educati
.
on to contribute society


3. Participation in Political Spheres and Decision-making Mechanisms
a. Women in Political Representation and Participation into the
Decision-making Mechanisms

Women in Turkey had right to vote and be elected as early as 1934, at the same time men had
the same right. However, past experience proves that it is not possible to claim that women
used this right as it should be. Compared to men, the rate of women’s participation into the
political spheres, decision making mechanisms and representation are very low that Turkey’s
ranking is 165th among 187 countries in women representation.37

Similarly, according to the results of July 2007 general election, the ratio of women in
Parliame
e 9.1 percent from 4.4
ntary has only ros
percent. Despite all the campaigns in this
issue, the ratio remained under the targeted 17.3 percent which is world average.38
Participation rate in local governments is 0.558 % and only 18 of 3207 of the mayors of towns
are women.39 In addition, women generally have not duties in decision making boards or
positions in political parties such as group leadership, vice presidency, and boards as well as
local municipal councils.

The sole exception is the experience of a female Prime Minister from 1993 to 1996.40 In this
respect, in each cabinet of varied political movements, there exists only one female minister
who would be generally responsible for the women and family affairs. From the foundation of

35 http://www.do.se/t/Page1145.aspx, http://www.do.se/t/news1032.aspx
36 European Parliamentary Resolution on the Role of Women in Turkish Social, Economic And
Political Li ,
fe 13 February 2007, Strasbourg (2006/2214(INI)
37 “Half of the Women are Exposed to the Violence in Their First Married Da

y”, RADİKAL,
08.03.2007
38 World Average According to the data at www.ipu.org on 30 June 2007 is %17.3.
39 “18 Women against 3207 Men”, RADİKAL, 08.03.2007
40 Tansu Çiller was the Prime Minister from 25 June 1993 to 6 March 1996.

10

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