House of Lords on jilbab/Revision zur muslimischen Kleidung in englischer Schule

Times online: Law lords overturn school uniform ‘jilbab’ ruling

Unter den Umständen eine beruhigende Entscheidung. Die Schule hatte alles Mögliche gemacht, eine Kleiderpolitik einzuführen, die für alle Religionen annehmbar war.

Text of the decision (English)

From the summary of facts:

bq. In 1993 the school appointed a working party to re-examine its dress code. The governors consulted parents, students, staff and the Imams of the three local mosques. There was no objection to the shalwar kameeze, and no suggestion that it failed to satisfy Islamic requirements. The governors approved a garment specifically designed to ensure that it satisfied the requirement of modest dress for Muslim girls. Following the working party report the governors, in response to several requests, approved the wearing of head-scarves of a specified colour and quality.

bq. The respondent is Muslim. Her father died before she entered the school, and at the material times she lived with her mother (who did not speak English and has since died), a sister two years older, and a brother (Rahman), five years older, who is now her litigation friend. The family lived outside the school’s catchment area, but chose it for the respondent and her elder sister, and were told in clear terms of the school’s uniform policy. For two years before September 2002 the respondent wore the shalwar kameeze happily and without complaint. It was also worn by the respondent’s sister, who continued to wear it without objection throughout her time at the school.

bq. On 3 September 2002, the first day of the autumn term, the respondent (then aged nearly 14) went to the school with her brother and another young man. They asked to speak to the head teacher, who was not available, and they spoke to the assistant head teacher, Mr Moore. They insisted that the respondent be allowed to attend the school wearing the long garment she had on that day, which was a long coat-like garment known as a jilbab. They talked of human rights and legal proceedings. Mr Moore felt that their approach was unreasonable and he felt threatened.

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