Turkish court lifts headscarf ban for attorneys

ANKARA - Anadolu Agency

Lawyers wearing headscarf will be able to have license to work with court’s decision. DHA photo

The Council of State has approved the removal of the headscarf ban for lawyers, allowing lawyers to register at the Bar Association with a picture showing them wearing a headscarf.

Upon a lawyer’s complaint, the Council of State’s 8th Department halted the execution of the Turkey Bar Association’s (TBB) legal profession act, which stated that lawyers had to provide a picture of themselves without a headscarf in order to register at the Bar Association.

The 8th department said in its justification that the rights granted by the Constitution and international conventions should not be limited in a way that contradicts the spirit of the Constitution.

‘Limitations cannot contradict Constitution’

“These limitations [on rights] cannot contradict the spirit of the Constitution, the secular republic and democratic society, according to the Constitution,” said the court in its jurisdiction. It also added that the limitation on photographs that lawyers can submit to the bar surpassed the aim of the law. 

The said the rule would violate the right to work, and freedom of faith and religion, which were guaranteed by the Constitution and international conventions signed by Turkey. 

However, the decision’s justification also said the photographs of lawyers on licenses must show their characteristics and allow them to be easily recognizable. It said women were allowed to provide photographs for their ID cards wearing a headscarf that leaves their face, forehead and chin open.