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WHAT THE LAW SAYS?

If we search the conformity to justice and to legality in all these intendictions and applications of constraint, we may conclude: Reglementations which are binding us legally nationwise are constitutional law and other related laws and we are bound also by international laws and treaties signed by Turkey.

If we begin with the constitutional law, we will see that the right to the free education which has been mentioned also in all modern and democratical constitutions, is finding its expression in 42nd article of on constitution as follows: "Nobody can be deprived from the educational right. The content of educational right is defined and ruled by law." As it is seen here, own constitution establishing explicitly freedom for education, doesn't contain any sentence about any restriction, became of student wearing. If we follow up our research through laws we will see this: students are not employees working for the state but they are people benefiting from public services. Because of this, the only law concerning the University students on this subject is the law no. 2547 on higher education. And the sole article related with students clothing in this law is the additional article no.17. This article too with total conformity to the constitutional law doesn't contain any restriction and tells: "All kinds of wearing with condition of not being contrary to the current laws, are permitted. "As a matter of fact, when applied for the cancellation of this article, the constitutional count did not accept.

After we studied the law no. 2547 which is one of the laws in course, we make also attention to Revolution's laws and search through "The law for hat wearing and instanzation of western clothes" and "The law about the prohibition of some kinds of wearing".

In both of these two laws, you can't find any concern with students' wearing. In the same way, there isn't any prohibition on this subject in the disciplinary reglementations of the University.

After this national juridical review we will approach the matter from international point of view to see that it is registered in the 2nd article of the 1st supplement of The European Human Rights Treaty saying this: "The right for education has been considered as one of the fundamental rights and limitations could not be applied on this subject."

As seen above: forbidding the entrance of students to their classrooms and refusing acceptance to the exams and depriving them of student identification cards, are applications not based on laws; because we don't find any restrictive sentence on clothing in the constitutional law or any other law on regimentation or in the international treaties.

Furthermore, we can say that these applications which took place after pure arbitrary decisions of the Directorate, may be considered as a crime according the article no. 188 of Turkish law for punishment.

Finally, we want to express this : the function of the University is not to produce a unique type of people. On the contrary, all over the world, Universities are establishments where students think freely and grow up in a manner to be able to discuss on the current events and where people of different thoughts meet on a common base and search the ways leading to the truth and truthfulness. This is also what we desire: that is to say, we wish own Universities to achieve this universal and contemporary goal.

AV ARZU AKALIN AV. FATMA BENLÝ



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