John O'Leary: Commentary
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The bangle at the centre of Sarika Watkins-Singh's case may be smaller than a watchstrap, but head teachers will fear confrontations over much more ostentatious religious symbols.
While the ruling will not set a legal precedent, it may encourage Muslim challenges over the veil and perhaps disputes over Christian symbols such as the crucifix. Even while the case was pending, a 15-year-old girl was suspended from a Roman Catholic school in Northern Ireland for refusing to remove guardian angel and St Patrick lapel badges.
Aberdare Girls' School, which excluded Sarika for refusing to remove her kara, may seek leave to appeal. In the meantime, confusion will reign and those seeking to make a religious point may be tempted to push the boundaries.
Many head teachers and school governors will be reluctant to give ground. Uniform policy is set school by school, but recent trends have been towards more prescription, rather than less. Increasingly the blazer is replacing the sweatshirt and jewellery is being outlawed, with the support of both main political parties.
Mr Justice Silber emphasised that the Watkins-Singh case was not about jewellery, but religious rights. His ruling will not pave the way for cases about body piercing - or even other bangles.
However, head teachers would probably welcome an appeal to clarify the inconsistencies in case law. Previous rulings supported a school that banned the Muslim veil but upheld Sikhs' right to wear turbans.
Most schools hope for compromise over less conspicuous symbols, such as the kara. But when positions become entrenched, an apparently minor dispute can become an expensive cause célèbre.
In yesterday's case, the school had offered to allow the kara, so long as it was not visible. Sarika had offered to remove it for gym and metalwork. Yet the case went all the way to the High Court.
Virendra Sharma, the Labour MP for Ealing Southall, has called for guidance to be issued to schools to ensure that they do not infringe pupils' religious or human rights. But ministers will be reluctant to be dragged into such politically dangerous territory.
Unless there is an appeal, schools will have to find a balance between religious tolerance and their own determination to encourage a sense of community. In some areas, they will also be conscious of the need to reduce peer pressure on pupils.
Head teachers will be relieved that the judgment came at the start of the summer holiday, allowing time for passions to cool.
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though i emphatise (and to a certain extent agree) with the old adage, when in rome do as romans do, i cannot see why a minimal level of integration between religion and a dress code must cause such an uproar. bar the prohibition against torture, no other right is absolute. balance is key!
Zul, London, United Kingdom
The ICCPR is to stop nutters banning crucifixes and bangles. It outranks the HRA.
Try banning a crucifix in a state school in Ulster or Scotland. Then call the fire brigade.
Gregory, Belfast, UK
Zeb: The Star of David is not a comparable religious symbol because Orthodox Jew's do not wear it and it is not a prerequisite of religion. My understanding is that the Kara is. The Star of David is a religious symbol, but not one worn day-in, day-out.
Jonathan Sklan-Willis, Manchester, England
Banning all religious symbols is wrong. A complete face covering is different to covering one's hair, a kara or any of the other symbols. It is a symbol to be proud of, whilst still allowing one to integrate with society sufficiently.
Jonathan Sklan-Willis, Manchester, England
Why should religious items be worn at school or work? Religion is a private, personal matter. What does a bangle have to do with God? And if Sikhs feel that the only way to remember to be good is to wear a bangle, what happens when they're taken off? Do they run amok? Of course not, it's madness!
Stevie, Liverpool,
France didnt ban religious articles' but 'symbols'. An odious law, but the Christian cross is a symbol, as are the kara, Star of David etc. The Muslims headscarf however, is not a symbol. It doesnt 'symbolise' anything. It may have connotations for others but is the wearer to be blamed for that?
Zeb, Manchester, UK
We live in an Anglican state. Get used to it. Other religions are guests. Get over it!
andy, London,
We don't live in a secular country and the High Court ruling is a victory for expression of religion. The Church is recognised as organ of the State so there is no justification for state bodies to ban religious expressions from other faiths.
Khaled Shivji, London,
TANG!
There Are No Gods!
Graham, London, UK
Rob, the French haven't banned 'religious articles', they have banned religious 'symbols' - a small but crucial point. I don't support the French approach, but the Christian cross is a symbol, as is the Sikh kara and the Jewish Star of David, but the Muslim woman's headscarf 'symbolises' nothing.
Zeb, Manchester, UK
Well said Rob.
'freedom of religion' as given by the Human Rights act is to stop people being lynched by nutters who believe in a different book of stories, not to give people the right to get around dress codes etc.
Hibbo, Dundee,
Do as the french and ban all religious articles from schools. That is the fairest way and makes everyone equal.
Rob, Singapore,