Yes, the decision in Leyla Sahin v.Turkey was handed down on June 29.  The central argument is found in paragraphs 104-106 and is essentially the same as the argument for such a prohibition in the Stasi Report.  Three points might be made here: (1) Sahin deals with a student's objection to a university regulation.  Courts have usually been more permissive of government regulation in primary and secondary schools.  The Stasi report and the law passed by the General Assembly on February 10 apply only to schools below university level. (2) In the French version of the Sahin decision,  the term laïcité appears wherever the term secularism is found in the English version. The Stasi Report came from La commission de reflexion sur l'application du principe de laïcité dans la Republique.  The European Court and the Stasi Report use the same term when dealing with this issue.  (3) Considering previous decisions of the European Court for Human Rights and the decision in Sahin, there seems to be little point in challening the French statute.
 
As far as I know, the General Assembly has not acted upon any of the other recommendations of the Stasi Report; the ban on wearing religious symbols was passed on February 10.
 
I make these and other points in the introduction to my translation which I expect to publish shortly.  I want to thank the members of this list who demonstrated surprising (for me) interest in my translation.  Let me add that I have greatly improved and corrected the translation I have e-mailed.
 
Bob O'Brien
----- Original Message -----
From: marc stern
Sent: Thursday, July 01, 2004 4:28 PM
Subject: (no subject)

 

A decision of the European Court of Human Rights upholding a rule banning headscarves in a university setting came down this week. It can be read at http://hudoc.echr.coe.int/hudoc/ViewHtml.asp?Item=9&Action="">...

Marc Stern


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