UK court rules for Muslim girl

2005-03-02 13:22

London - Britain's Court of Appeal ruled on Wednesday that a teenage pupil's human rights were violated by her school's ban on a form of traditional Muslim dress.

The three judges ruled that Shabina Begum, 16, who had said the ban violated her right to religious freedom under the European Convention on Human Rights, had been unlawfully excluded from the school, which "unlawfully denied her the right to manifest her religion."

In his section of the judgment, Lord Justice Mummery said: "The effect of the school's stance on its uniform policy was that the claimant was unlawfully excluded from school for not wearing the uniform to which, for religious reasons, she objected."

Begum, who was not at the court on Wednesday, was sent home from Denbigh High School in Luton, north of London, in September 2002 for wearing the jilbab, a long, flowing gown covering all her body except her hands and face. She has not attended the school since.

She went to the High Court, arguing she was being denied her right to education and to manifest her religious beliefs.

Unlike France, which banned "conspicuous religious symbols" from state schools last year, Britain has no rule against religious dress in the classroom, and schools are free to set their own uniform policies.

Begum's school argued the jilbab posed a health and safety risk, and might cause divisions among pupils, with those who wore traditional dress being seen as "better Muslims" than others.

Four-fifths of Denbigh's 1 000 pupils are Muslims. The school denies acting in a discriminatory manner and says it has a flexible school uniform policy that takes into account all faiths and cultures. Pupils are allowed to wear trousers, skirts or a traditional shalwar kameez, consisting of trousers and a tunic.

Last June, the High Court ruled that the school's dress code was a "reasoned, balanced, proportionate policy" and that Begum's human rights had not been violated.

Begum's appeal cited Article 9 of the European Convention on Human Rights, which guarantees "freedom to manifest one's religion or beliefs."

The Court of Appeal said Wednesday that Begum has now moved from Denbigh to a new school.

- AP