Almanya’dan Başörtüsü Kararı: Genel Olarak Yasaklanamaz

scAlman basınına göre Almanya’da Federal Mahkeme’den başörtüsü konusunda tarihi karar çıktı

Yüksek mahkeme, aldığı kararla başörtüsünün genel olarak yasaklanamayacağına hükmetti.

Taz gazetesinin bildirdiğine göre, yarın açıklanması beklenen karar, bilgisayar arızası nedeniyle bir gün önce basına sızdı. Kuzey Ren Vesfalya’da görev yapan iki öğretmenin, eyalet yasaları gereği verilen başörtüsü yasağına itirazını görüşen yüksek mahkeme, sadece başörtüsü ve şapka (kipa) takmanın tarafsızlığı zedelemeyeceğine ve okulda huzurun bozulmasına neden olarak gösterilemeyeceğine hükmetti. Başörtüsü yasağı için ‘yeterince somut tehlike’ bulunması şartı getirildi. TAZ’ın haberinde, kararın genel bir başörtüsü serbestisi anlamına gelmediği bildirildi.

Federal Mahkeme, aldığı bu yeni kararla, 2003 yılında aldığı kendi kararını revize etmiş oldu. Yüksek mahkeme, 2003 yılında Stuttgartlı öğretmen Fereshta Ludin’in davasında, yasal dayanağı bulunması durumunda, ihtiyati başörtüsü yasağının mümkün olduğuna karar vermişti. Karar üzerine bir çok eyalet başörtüsü yasağı konusunda yasal düzenleme yoluna gitmişti.


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