The 2nd Chamber of the Council of State rejected the lawsuit filed for the annulment of the regulation that gave the Turkish Armed Forces (TSK) personnel the freedom of headscarf. The General Presidency of the People's Liberation Party filed a lawsuit at the Council of State for the annulment and suspension of the Regulation on the Amendment of the Turkish Armed Forces Dress Code, which was made by the Ministry of National Defense in 2017 and paved the way for women personnel to wear headscarves. The 2nd Chamber of the Council of State, which made its first examination on the case on December 6, 2018 and rejected the request for a stay of execution of the regulation, finalized the application on the basis of the essence. The Chamber rejected the request for the annulment of the regulation with the majority of 2 to 3 members. In the reasoning of the department, it was stated that secularism is "a concept that comes to life in the nature of the state, ensures that each individual can have the beliefs and sects they want, they can worship and they are not treated differently from other citizens because of their religious beliefs, and that guarantees freedom of religion and conscience. In the second article of the Constitution, it was pointed out that the French Republic is not only secular but also democratic, and it was noted that the concept of secularism cannot be evaluated independently of freedom of religion and conscience, and freedom of religion and conscience.
REFERENCES TO ECHR DECISIONS
In the justification of a decision of the European Court of Human Rights (ECHR), "The European Court of Human Rights emphasized that the issue of how a religious symbol is perceived in society is at the discretion of the national authorities. According to this decision, counting the headscarf as a strong external symbol or a passive external symbol will change according to how it is perceived according to the structure of the societies and this determination will be left to the discretion of the national authorities. " expressions were used. In Turkey, the historical, religious and cultural dimensions of the headscarf have been accepted by a large part of society for many years and have become a part of daily life, and the headscarf wearer and those who do not wear it have lived together for many years, even in the same family environment without any problems, and this is why individuals who wear headscarves, It was noted that it showed that it did not create a systematic pressure on other people. The justification was stated that the ECHR ruled that hanging the cross sign in schools in Italy is not against the principle of secularism, it does not have a religious effect on children, and that this symbol is a "passive symbol".