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Abstract:
This article is the second in which Dean Wing explores the notion of secularism in different societies. The first was Critical Race Feminism Lifts the Veil?: Muslim Women, France and the Headscarf Ban, 39 U.C. Davis Law Review 745 (2006) (with Monica Nigh Smith). The article abstracted here examines the past, present, and future of secularism in the Republic of Turkey. The co-author Ozan Varol is a Turkish national, who was able to access Turkish sources. Part II provides an overview of the principle of secularism generally, and in Turkey specifically, and describes how Turkish secularism differs from the Western notion of secularism. Part III discusses the role of religion in the Ottoman Empire, the predecessor to the modern day Turkey, in order to provide a background for the legal developments that occurred after the Empire's collapse. Part IV outlines the reforms that Turkish founding president Atatýrk and his supporters implemented following the downfall of the Ottoman Empire and demonstrates how a fundamentalist empire became a strictly secular government in less than twenty years. Part V provides a thorough examination of the various provisions of the Turkish Constitution that relate to secularism. Part VI demonstrates the application of the principle of secularism in Turkey by discussing the legal history of the ban against the wearing of the Islamic headscarf in Turkish educational institutions. This Part also analyzes the November 10, 2005 decision of the Grand Chamber of the European Court of Human Rights in Leyla Sahin v. Turkey, which upheld the Turkish government's ban and did not find it violated the European Convention on Human Rights. Finally, Part VII speculates on the future of secularism in Turkey and discusses whether it is possible to implement any fundamental changes in the regime.

Turkey, Religion, Secularism, Islam, Human Rights, Constitutionalism

Abstract:
This article examines the 2004 French law restricting ostentatious religious symbols in the public schools. It explores the law and its impact from a critical race feminist perspective, i.e. centering the discussion based upon the views of Muslim women and girls whose ability to wear religious headscarves was affected. Very few of them were heard in the public debate. Research for the article included searches of French websites and blogs. Part I gives a brief history on the Muslim headscarf in France. Part II emphasizes the diverse views of Muslim girls and women, some of whom support the ban on headscarves and some of whom do not. These females continue to face discrimination based upon their gender, religion, nationality, language, class, and other identities. Part III concludes with some suggestions for considering the headscarf issue in the future. First, France and other nations might consider legal approaches adopted by international and national courts and jurisdictions. Some countries support the notion of separation of church and state as France does, but have permitted wearing of religious items in public schools. Next, banning the headscarf may constitute a form of spirit injury that might negatively affect not only the Muslim females who want to wear it, but also the rest of Muslim society, and indirectly, all of France. The ban may thus constitute a psychic human rights violation even if it is not deemed illegal under French or European law. If the ban is not lifted in the near future, the French government may have to think of other ways to express support for the Muslim minority. Finally, Muslim females need to increase their level of educational, economic, political, and legal empowerment so that they can directly participate in decisions of this kind, and in all aspects of life in France.

France, Islam, women's rights, human rights, headscarf, critical race feminism, secularism, religion

Abstract:
This article discusses the potentiality of a Truth and Reconciliation (TRC) for the Holyland - Palestine and Israel. At some point, peace may come to the region and the independent state of Palestine may sit by side with Israel. At that time, the Palestinians may wish to come to terms with the spirit injuries that have affected their people since 1948 when the state of Israel was created or 1967 when the now forty-year old Israeli Occupation of the West Bank, Gaza and East Jerusalem began. Spirit injuries represent a combination of physical, emotional, and spiritual harms. After elaborating upon truth commissions generally, the article lays out two possible scenarios - a commission for an independent Palestine and the less likely scenario of a binational commission for both Palestine and Israel. The article then focuses on a variety of issues fleshing out the parameters of the TRC: When to create the commission? What sources would legitimate the TRC? What would be the purpose of the TRC? What time period would it cover? How would it be funded? How would it be staffed? What jurisdiction would it have? What standards of evidence? Where would it be held? Would some hearings be closed? How to deal with those opposed to the process? How long should the process take? How to implement the Commission final report? The article concludes that despite the negatives associated with TRCs in other societies, there are sufficient potential positive benefits that the option should seriously be discussed within Palestinian society and perhaps between the Palestinian and Israeli nations.

Palestine, Israel, truth & reconcialtion, human rights

Abstract:
This is the first of two articles discussing the status of Palestinian women after the 2006 Hamas electoral victory. The other article is entitled The Future of Palestinian Women's Rights: Lessons from a Half-Century of Tunisian Progress, 64 Wash & Lee L. Rev. 1551 (2007). The unexpected parliamentary electoral victory by the Islamist party Hamas in January 2006 shocked the world. This article speculates about how one aspect of Palestinian society may change in the long term under a Hamas-dominated regime - women's rights. Since Hamas is an Islamic organization, it may incorporate Islamic Shari'a law into the Palestinian legal system more broadly than the previous more secular government led by the Fatah party. Part I describes selected aspects of the current legal status of Palestinian women in the areas of custom and religious practices. Part II examines the relevant constitutive documents as they relate to gender equality: The Basic Law of Palestine, and the draft constitution. Part III details the role of Hamas in the new Palestinian government and speculates briefly how Hamas' policies will influence Palestinian constitutionalism, including women's rights. The part provides an overview of Islamist movements in general and places Hamas within the wider spectrum of such movements across the Middle East. Then, it examines the history of Hamas as a political organization. Next, it explores Hamas' political position in part by looking at its Electoral Platform drafted for the fall 2005 campaign. Part IV provides some suggestions with respect to changing the Basic Law or the Draft Constitution to enhance women's rights. Due to the ongoing violence in the region, it is unlikely that these proposals will be considered at this time.

Hamas, Palestine, constitutionalism, women's rights, human rights

Abstract:
The Gaza Strip and West Bank Palestinian Territories are currently under the authority of two different Palestinian governments. Gaza has Hamas, and the West Bank is under the jurisdiction of Palestinian Authority (PA) President Mahmoud Abbas, head of the mainstream Fatah party. Palestinian internecine political conflict and ongoing problems in the peace process with Israel prevent any focus by either Hamas or Fatah on the internal legal regime. At some point the situation may stabilize, and Palestine may be able to consider extensive legal reform, including women's rights. In a prior article Hamas, Constitutionalism, and Palestinian Women, 50 HOW. L.J. 479, 513 (2007), we explored what might happen if the government is Islamist in nature. Women's rights are likely to become more based on traditionalist Islamic Shari'a principles.

This article speculates on the future of Palestinian women's rights if the government one day decides to take a more secular direction. In that case, we recommend that Palestinians explore the approach adopted by Tunisia. Along with Turkey, Tunisia has taken the most secularized approach to women's rights in the Muslim world. Additionally, many Palestinians are somewhat familiar with the Tunisian experience since the PLO was based there from 1982 to 1994, just prior to moving to the West Bank and Gaza to start the PA. Palestinians have also been considered one of the more secular groups in the Middle East, and might be amenable to secular approaches in the future. Part II of this Article provides some background on the Palestinian legal system with respect to women's rights. Part III first provides an overview of the Tunisian legal system with respect to women's rights. It then compares the Tunisian legal system on selected women's rights issues to the Palestinian system with suggestions to future Palestinian policymakers.

Tunisia, Women's Rights, Human Rights, Islam, Comparative Law

Abstract:
The purpose of this article is to discuss the current status of one resilient group of women - Palestinians. Their economic and social development has been hindered by disparate treatment in all facets of their lives from both internal and external factors involving the intertwining of customary practices and religious norms as well as the continued Israeli occupation. One day, when Palestine becomes an independent nation, its future political and economic success will depend in part on the degree to which it can include women in all aspects of the society. The legal regime must assist rather than impede that process, and the article offers a few proposals to that end.

Part II describes the current situation of the Palestinian women. It analyzes the negative effects on Palestinian women of customary law and traditions that are prevalent in the Palestinian society. It then demonstrates the impact of Islamic law (Shari'a) on the women. The article next examines the direct and indirect effects of the Israeli occupation on Palestinian women. Finally, the part concludes that the combination of internal violence, resulting from custom and religion, and the external violence, resulting from the occupation, causes spirit injuries to Palestinian women, which makes it almost impossible for them to flourish in the current situation.

Part III focuses on the Basic Law of Palestine, theoretically in effect, and the Draft Constitution, which would take effect when Palestine officially joins the community of independent states. It discusses the pre-Basic Law history of documents that address gender equality, including the Declaration of Independence and the very progressive Women's Charter of 1994. It then examines and compares the various provisions of the Basic Law and the Draft Constitution as they relate to gender equality and the development of Palestinian women. It finally addresses the discrepancies between the reality of the Palestinian society and the ideals expressed in the Draft Constitution and the Basic Law.

Part IV discusses various proposals to improve the status of Palestinian women, including curbing the high fertility rates, improving the employment and education of Palestinian women, and implementing legal reform.

The article was written before Hamas won its 2006 electoral victory. The issues discussed herein have only intensified in severity. Only time will tell whether Palestinian women will ever be able to fully enjoy their fundamental international and nationally constituted human rights and participate in Palestine's economic, civil, political, social, and cultural development.

Palestine, women's rights, constitutionalism, economic development, human rights, Islam