Muslim dress row back to court

12/20/2004 3:30:00 PM GMT

Source: Telegraph.co.UK

A legal row over the right of a schoolgirl to wear traditional "head-to-toe" dress in the classroom has been brought back to the court today.

The Court of Appeal in London is hearing a challenge by Shabina Begum, 15, who has accused the head teachers at Denbigh High School, Luton, of banning her from entering the school and unlawfully denying her the "right to education and to manifest her religious beliefs".

Six months ago, High Court judge Mr Justice Bennett rejected her appeal, ruling that she had failed to show that the school had in reality excluded her or breached her human rights.

Mr. Bennett argued that the school was entitled to limit Muslim students to wearing the shalwar kameez, consisting of trousers and tunic.

The uniform policy was necessary "to protect the rights and freedoms of others" who did not wear a “head to toe” dress like Shabina.

Today's appeal against the test case ruling has significant implications for multi-faith schools across the country and reflects the controversy in France all "ostensible religious symbols" have been banned in schools, including the Hijab, the Islamic veil that Muslim women and girls should wear.

On the other hand, the Muslim Council of Britain described the High Court decision as "very worrying and objectionable".

Shabina used to wear the shalwar kameez since she joined the school at the age of 12 until September 2002, when she told the assistant head teacher Stuart Moore that she would wear it no longer.

The High Court judge said that Shabina chose not to return to Denbigh, knowing that by refusing to wear the shalwar kameez meant she won't be allowed to attend the classes.

The judge argue that if she had been excluded, it would have been because of her refusal to follow the school uniform policy rather than because of her religious beliefs.