AbstractsLaw & Legal Studies


The objective of this thesis is to evaluate on what basis the ECtHR has reached its judgment in Leyla Sahin v. Turkey, which endorses Turkey s ban on the headscarf. Accordingly it will answer the following questions: Is the Court reluctant to undertake an independent assessment of the democratic necessity of the headscarf ban? If this be the case, why is the Court avoiding to resolve the headscarf issue by having recourse to the margin of appreciation and that perhaps at the expense of the individual rights and freedoms it is established to protect? Finally, if this be the case, what are the possible consequences of such a judgment, in particular with respect to Turkey?