R (Begum) v Headteacher and Governors of Denbigh High School

Ratio Decidendi

حقائق

Shabina Begum, a Muslim pupil at Denbigh High School, wished to wear the jilbab (a long, loose gown) instead of the school uniform. The school's uniform policy, developed in consultation with the local Muslim community, permitted the shalwar kameez and headscarf but not the jilbab. Begum stayed away from school for around two years during the dispute and claimed that the school had unlawfully excluded her and breached her right to manifest her religion under Article 9 ECHR.

فیصلے کا خلاصہ

The House of Lords held that there had been no violation of Begum's Article 9 right to manifest her religion. A majority doubted whether her right was even interfered with, since she could have attended one of several nearby schools that permitted the jilbab; but in any event, any interference was justified. The school's uniform policy was prescribed in a lawful and accessible way, pursued the legitimate aims of protecting the rights and freedoms of others and maintaining order, discipline and social cohesion, and — having been carefully devised in consultation with the community and religious authorities — was a proportionate means of achieving those aims. Lord Bingham held that, in judging Convention compliance, the court is concerned with the practical outcome (whether the claimant's rights were in substance violated) rather than with whether the decision-maker consciously went through a particular structured decision-making process; a school is not obliged to conduct its affairs like a court. The case is the leading authority on Article 9 in the school-uniform context.

اہم اقتباسات

بعد کا علاج