http://www.echr.coe.int/Eng/Press/2005/ ... 101105.htm
The European Court of Human Rights has today delivered at a public hearing its Grand Chamber judgment[1] in the case of Leyla Şahin v. Turkey (application no. 44774/98).
The Court held:
* by sixteen votes to one, that there had been no violation of Article 9 (freedom of thought, conscience and religion) of the European Convention on Human Rights;
* by sixteen votes to one, that there had been no violation of Article 2 of Protocol No. 1 (right to education);
* unanimously, that there had been no violation of Article 8 (right to respect for private and family life);
* unanimously, that there had been no violation of Article 10 (freedom of expression);
* unanimously, that there had been no violation of Article 14 (prohibition of discrimination).
The Court reiterated that, under its case-law, “law” was the provision in force as the competent courts had interpreted it. In that connection, it noted that the Constitutional Court had ruled that freedom of dress in institutions of higher education was not absolute. The Constitutional Court had held that authorising students to “cover the neck and hair with a veil or headscarf for reasons of religious conviction” in the universities was contrary to the Constitution. That decision of the Constitutional Court, which was both binding and accessible, as it had been published in the Official Gazette of 31 July 1991, supplemented the letter of transitional section 17 and followed the Constitutional Court’s previous case-law. In addition, the Supreme Administrative Court had by then consistently held for a number of years that wearing the Islamic headscarf at university was not compatible with the fundamental principles of the Republic. Furthermore, regulations on wearing the Islamic headscarf had existed at Istanbul University since 1994 at the latest, well before the applicant enrolled there.
Ukratko, nije ljudsko pravo.