In 2006, the Committee on the Elimination of all forms of Discrimination Against Women considered Kayhan v. Turkey (C/34/D/8/2005). The author, a teacher in Turkey, was charged with the crime of “breaking the peace, silence and working order of the institutions with ideological and political reasons” for wearing a headscarf to her place of employment. On 9 June 2000, she was expelled from the civil service and her teaching position. On 23 October 2000, the author challenged her termination in an Administrative Court; the Court found the author’s termination lawful and dismissed her complaint, as well as her subsequent appeal. On 20 August 2004, the author submitted a complaint to the Committee, arguing that by terminating her status as a civil servant for wearing a headscarf, the State had violated Article 11 (discrimination against women in the field of employment) of the Convention.
Decision: Although the author’s employment was terminated before the entry into force of the Optional Protocol, the effects of this termination continued, thus eliminating any issue of temporal jurisdiction. However, the Committee still found the communication inadmissible, noting that the author failed to raise her claims of sex and employment discrimination in domestic courts before bringing these claims to the Committee. Thus, the author had not properly exhausted domestic remedies.