Schoolgirl loses Muslim gown case

[Truth Seeker]

A 15-year-old girl has lost her High Court battle to wear a style of Islamic dress to school.

 

Shabina Begum has been out of her Luton school since September 2002 in a row over her wish to wear an ankle-length jilbab gown.

 

She said her religious rights and education were being denied.

 

But the High Court judge said the school's uniform policy was aimed at the proper running of a multi-cultural, multi-faith secular school.

 

Dismissing Shabina's application for judicial review, Mr Justice Bennett said the school uniform policy had "a legitimate aim - the proper running of a multi-cultural, multi-faith secular school".

 

The limitations placed on what she could wear was "proportionate" to that aim, and her human rights had not been infringed.

 

"Having considered the matter carefully, it seems to me unrealistic and artificial to say that the claimant's right to education has been denied in the particular circumstances of this case," he said.

 

Guidance for schools discouraged them from excluding pupils for breaching school uniform policy, he noted.

 

But that did not mean schools could not do so "if the pupil flatly refuses to wear the appropriate school uniform", he said.

 

'Inclusive uniform'

 

Outside court, the school's solicitor Iqbal Javed said the uniform had been agreed after wide consultation and the focus would now be on readmitting Shabina to school.

 

"The uniform is designed to be inclusive and takes into account the cultural and sensitive needs of the pupils," he said.

 

"We now want to concentrate our efforts on reintegrating Shabina Begum back into school as quickly as possible to prevent any further loss to her school career."

 

But Shabina's lawyer Yvonne Spencer said her client was devastated and would not be returning to Denbigh school.

 

She said talks with the local education authority to find a new school place would start later on Tuesday.

 

"The family feels this decision doesn't help integrate Muslims within our society," she said.

 

The judge has refused permission to appeal, but Shabina can still ask the Court of Appeal to hear the case on the basis that it raises issues of general importance over the question of dress in multi-cultural schools.

 

The family would consider this, her lawyer said.

 

Human rights claim

 

Denbigh is a 1,000-pupil comprehensive where almost 80% of pupils are Muslim.

 

The case echoes controversy in France, where politicians have voted for a ban on religious symbols in schools, including the hijab, the headscarf worn by Muslim girls and women.

 

Ms Spencer had argued the school's ban on her chosen Islamic dress amounted to "constructive exclusion" and breached both domestic law and the European Convention on Human Rights.

 

But the school argued an alternative uniform option for Muslim girls was on offer, while the jilbab could divide Muslim pupils and presented a health and safety problem.

 

Opinion divided

 

Originally, Shabina wore a shalwar kameez to school, but her deepening interest in her religion led to her wearing the jilbab.

 

The long gown is worn by some Muslim women who seek to cover their arms and legs, but not faces or hands.

 

When she turned up for the first day of the new school year in 2002 she was told to go home and change.

 

The judge said: "Although it appears that there is a body of opinion within the Muslim faith that only the jilbab meets the requirements of its dress code, there is also a body of opinion that the shalwar kameez does as well.

 

"In my judgment, the adoption of the shalwar kameez by the defendant as school uniform for Muslim (and other faiths) female pupils was, and continues to be, a reasoned, balanced, proportionate policy."

 

http://news.bbc.co.uk/1/hi/education/3808073.stm