Council of State did not allow the cancellation of Friday prayer permission

Council of State did not allow the cancellation of Friday prayer permission
Date: 1.2.2024 14:00

The fierce minority that applied to the Council of State for the annulment of the regulation 8 years ago was not allowed.

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With the "Friday prayer permit" stipulated by Confederation of Public Workers Union "Memur-Sen" in the 3rd Term Collective Agreement, the way for public servants to freely exercise their right to worship was paved.
 
However, the Education and Science Employees Union (Eğitim-İş) union lost the case it filed with the Council of State for the cancellation of the permit. The highest authority of the Council of State decided that Friday prayer permission was within the scope of 'freedom of religion and conscience'.
 
There has been a new development regarding civil servants' Friday prayer leave. Indigestion regarding the Friday prayer permission, which was previously implemented with a circular, continues.
 
"Eğitim-İş" brought the issue to the Council of State, and the Supreme Court made a decision that taught the angry minority a lesson.
 
The Board of Case Chambers ruled that the Friday prayer permission was in the context of 'freedom of religion and conscience'.
 

IT WAS IMPLEMENTED THROUGH MEMUR-SEN'S EFFORTS

 
With the "Friday prayer permit" stipulated by Memur-Sen in the 3rd Term Collective Agreement, the way for public servants to freely exercise their right to worship has been opened; With the publication of the Prime Ministry Circular No. 2016/1 in the Official Gazette No. 29587 dated January 8, 2016, public officials gained the right to "Friday prayer leave".
 

THE PROHIBITIONS OF THE COUP PERIOD WERE REMOVED

 
As Memur-Sen, it has achieved many gains by expanding the scope of the existing law in collective bargaining, from freedom of dress for public officials to permission for pilgrimage obligation; He fought to lift the bans put into effect by laws and decisions resulting from the coup periods and tutelage processes.
 

UNSOUNDED AND FORCED CLAIMS

 
In the statement made by Memur-Sen, "Reminiscent of the tutelage periods of Eğitim-İş, affiliated with United Public Works, as an example of a hostile approach to our nation's values and beliefs, it was stated that 'it is against secularism, the principle of equality, freedom of belief, and is harmful to those who do not exercise their right to Friday prayer leave from public officials.' A decision was made that disappointed the union in the case it filed with an unfounded and far-fetched claim," it was stated.
 

LAW LESSON FROM THE SUPREME COURT

 
In the decision taken by the Board of Administrative Case Chambers of the Council of State; 'It is established within the scope of the State's positive obligation to provide an appropriate environment and the necessary opportunities for people to live as they believe, within the framework of freedom of religion and conscience, which are within the scope of fundamental rights and freedoms, and which may negatively affect the rights or interests of the plaintiff union and its members in terms of its stated nature. It was underlined that it has no direction.

YEREL HABERLER

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