R (Begum) v Headteacher and Governors of Denbigh High School
[2006] UKHL 15
Ratio Decidendi
The right to manifest religion under Article 9 ECHR can be lawfully restricted where the restriction is prescribed by law, pursues a legitimate aim, and is proportionate. The focus should be on whether the interference was justified, not on the decision-making process.
Fapte
A Muslim schoolgirl wished to wear a jilbab to school. The school's uniform policy allowed the shalwar kameez but not the jilbab.
Rezumatul hotărârii
The House of Lords held there was no violation of Article 9. Even if the pupil's rights were engaged, the school's uniform policy was a proportionate means of pursuing legitimate aims including protecting the rights of others and maintaining cohesion.
Citate cheie
"The focus at Strasbourg has not been on whether a particular decision-maker has acted in a way compatible with Convention rights but on the outcome."
— Lord Bingham
Tratament ulterior
Leading authority on Article 9 in the school context.