Originally Posted by
guardian
http://education.guardian.co.uk/faithschools/story/0,13882,1428552,00.html
Muslim pupil wins religious dress ruling
Staff and agencies
Wednesday March 2, 2005
A Muslim girl today won her battle to wear traditional "head-to-toe" dress in the classroom after the court of appeal ruled her school had acted unlawfully in barring her.
In a case that will have repercussions for schools in many areas of England, Shabina Begum, 15, accused the headteachers and governors of Denbigh high school in Luton, Bedfordshire, of denying her the "right to education and to manifest her religious beliefs".
Speaking to Guardian Unlimited this afternoon, Shabina said: "I don't regret wearing the Jilbab at all. I'm happy that I did this. I feel that I have given hope and strength to other Muslim women."
She added: "Today's decision is a victory for all Muslims who wish to preserve their identity and values despite prejudice and bigotry. It's amazing that in this so-called free world, I have to fight to wear this attire.
"I feel a bit sad when I think why couldn't this judgment have been made two years ago. At the end it's still my loss - no one else has lost anything, the personal loss has been mine." Shabina said her education has suffered from not being allowed to go to school.
"I sincerely hope that my small victory - to gain an education - brings hope to millions of Muslim women around the world."
The school allows girls to wear the hijab, a headscarf, and trousers and tunic, but refused Shabina permission to come to classes in full-length dress, the jellaba. Lord Justice Brooke, vice-president of the civil division of the court of appeal, called on the Department for Education and Skills to give schools more guidance on how to comply with their obligations under the Human Rights Act.
He ruled that her school had:
· unlawfully excluded her
· unlawfully denied her the right to manifest her religion
· unlawfully denied her access to suitable and appropriate education.
The schoolgirl was represented by Cherie Booth QC in a landmark case that has been fought through the courts for more than a year.
Ms Booth told the judges at a hearing last December that the case involved "fundamental issues" about the nature and interpretation of Shabina's rights to education and freedom to practise her religion.
Last June, high court judge Mr Justice Bennett dismissed the girl's application for judicial review, ruling she had failed to show that the "highly successful" 1,000-pupil school, with 79% of its students Muslims, had excluded her or breached her human rights.
Ms Booth said Mr Justice Bennett was saying that the school, which sent her home after she refused to wear authorised school uniform, was entitled to "pick and choose" the religious beliefs it accepted.
The appeal has important implications for multi-faith schools across the country.
Shabina, whose father and mother are both dead, had worn the shalwar kameez (trousers and tunic) from when she entered the school at the age of 12 until September 2002, when she and her brother, Shuweb Rahman, informed assistant headteacher, Stuart Moore, that she would wear it no longer.
In a statement, the school said the case had been lost on a technicality and said it was proud of its multiracial policy.
"Denbigh high is a multiracial, multifaith school with a uniform policy that takes into account the cultural and religious sensitivities of pupils at the school," said the statement.
"The policy was agreed by the governing body following wide consultation with the DfES, pupils, parents, schools and leading Muslim organisations.
"The case was lost due to a small technical breach of the Human Rights Act. The judges accepted that the school is entitled to have a uniform policy and could see nothing wrong with it. The policy will be reviewed as it always is annually." The statement added that in an Ofsted report in September last year, inspectors praised the school, saying "the school is very effective, with outstanding features", and "one of the most successful in the country".
Shabina's local education authority, Luton borough council, added that all schools would now be advised to take pupils' religion into account when imposing school uniform rules.
A spokesman said: "We are pleased that the court of appeal upheld the uniform policy of Denbigh high school.
"However, in light of their judgment, we will be developing guidance on school uniform and advising Luton schools' governing bodies to review their uniform policy, taking into account the religious and cultural needs of pupils."
The Muslim Council of Britain welcome the court's decision.
Its secretary general, Iqbal Sacranie, said: "This is a very important ruling on the issue of personal freedoms. Many other schools have willingly accommodated Muslim schoolgirls wearing the jilbab. The British Muslim community is a diverse community in terms of the interpretation and understanding of their faith and its practice. Within this broad spectrum, those that believe and choose to wear the jilbaband consider it to be part of their faith requirement for modest attire [and] should be respected. Today's judgment is a clear reflection of that common sense approach."
The general scretary of the National Union of Teachers, Steve Sinnott, said it was important that schools respected the religious traditions of the communities represented among their pupils. "There is no reason why the colour of any school's uniform, for example, cannot be used for the jilbab.
"Schools have to take account of genuine health and safety concerns in subjects such as science or physical education but answers can be found to these practical problems."
He added that the union would be issuing guidance to its members on the jilbab in schools. "That guidance has been drawn up following consultation with the Muslim Council of Great Britain, the Institute of Race Relations, the General Teaching Council, headteachers, local authorities and others
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