Muslim Girl Wins School Dress Case
Wednesday, March 2, 2005


LONDON, England -- A 16-year-old British Muslim girl has won the right to wear full Islamic dress at school.

Britain's Court of Appeal ruled Wednesday that Shabina Begum had been "unlawfully denied ... the right to manifest her religion."

Begum was sent home from Denbigh High School in Luton, north of London, in September 2002 for wearing a jilbab, which covers the body except for the hands and face.

The school said the jilbab posed a health and safety risk and might cause divisions among pupils. Eighty percent of Denbigh's 1,000 pupils are Muslim, and the school feared those who wore traditional dress might be seen as "better Muslims" than others.

The school denied acting in a discriminatory manner and said it had a flexible school uniform policy that took into account all faiths and cultures. Pupils are allowed to wear trousers, skirts or a traditional shalwar kameez, consisting of trousers and a tunic.

Begum took the case to Britain's High Court, arguing she was being denied her right to education and to manifest her religious beliefs.

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

Begum appealed that ruling to the Court of Appeal, citing Article 9 of the European Convention on Human Rights, which guarantees "freedom to manifest one's religion or beliefs."

On Wednesday, Judge Scott Baker said, "What went wrong in this case was that the school failed to appreciate that by its action it was infringing on the claimant's Article 9 right to manifest her religion."

Begum has now moved from Denbigh to a new school that allows her to wear a jilbab.

After the judgment, Begum said: "Today's decision is a victory for all Muslims who wish to preserve their identity and values despite prejudice and bigotry.

"The decision of Denbigh High School to prevent my adherence to my religion cannot unfortunately be viewed as merely a local decision taken in isolation.

"Rather it was a consequence of an atmosphere that has been created in Western societies post 9/11, an atmosphere in which Islam has been made a target for vilification in the name of the 'war on terror'."

Britain's main Islamic umbrella group, the Muslim Council of Britain, also welcomed the ruling.

"This is a very important ruling on the issue of personal freedoms. Many other schools have willingly accommodated Muslim schoolgirls wearing the jilbab," council head Iqbal Sacranie said in a statement, Reuters reported.

"Those that believe and choose to wear the jilbab and consider it to be part of their faith's requirement for modest attire should be respected. Today's judgment is a clear reflection of that common-sense view."

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, AP said.