Alexandra Blair, Education Correspondent
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A girl aged 12 yesterday lost her fight to be allowed to wear a full-face veil in class when a High Court judge backed her school’s decision to ban it.
The Muslim girl’s lawyers had argued that the school’s actions were irrational and infringed her human rights, after it had allowed her older sisters to wear the niqab for nine years.
But Mr Justice Silber ruled that the Buckinghamshire school’s veil ban was “proportionate” for security reasons, that it upheld uniform policy, prevented others coming under pressure to wear it and because the veil stopped teachers from relating well to pupils.
Lawyers for the family said that were bitterly disappointed and were considering appealing against the judgment.
Of the 120 Muslim girls in the 1,300plus pupil school, about half wear a headscarf, or hijab, but none wears a niqab.
During the case, the judge was told that the three older sisters had all played an active part in the school and that staff had never objected to their niqabs. All had achieved high A-level results, which showed that the veil had not impaired their learning, her lawyers argued. One was now in medical research, the second was training to be a doctor and the third was at university.
As a result, they said, the ban on the youngest girl was irrational, thwarted her “legitimate expectation” to be allowed to wear it and breached her right to freedom of “thought, conscience and religion” under Article 9 of the European Convention on Human Rights.
The 12-year-old girl, known as claimant X for legal reasons, joined the grammar school in September 2005. She chose not to wear the veil in her first year, but last year, after reaching puberty, decided to wear it. The headmistress objected and she was removed.
Although she is receiving tuition at home and was offered a place at a different, mixed grammar school that permits the niqab, she wishes to go back to her old school.
But Mr Justice Silber, who stressed that he was dealing solely with the facts of one case and was not seeking to resolve the wider issue of wearing the niqab in schools, rejected her plea.
In a summary of the judgment, he said her human rights had not been breached because she had been offered another place at a similar school, where she could wear the niqab. Equally the school was within its rights to ban the veil for security reasons, the importance it attached to a uniform and the need not to put others under pressure into wearing it.
“I took into account the margin of discretion allowed to the school and held that the decision of the school was proportionate,” he wrote.
He said that not only had no other girl tried to wear the niqab under the current headmistress, but that a long time had passed since the girl’s sisters had left the school.
“The evidence shows that there was now a greater concern for security and that the experience of the staff at the school is that they were impeded in teaching the sisters of the claimant because they wore the niqab,” he added.
The judge urged the girl to accept the offer of a place at a nearby grammar school, rather than continuing to miss out on a large part of her education.
The girl’s headmistress said that she hoped her pupil would return, even though she was not allowed to wear the veil. “We want to focus now on supporting our student,” she said. “We hope that she will return to school and resume her education as part of our community.”
Andrew Adonis, the Schools Minister, welcomed the judgment, which came as the Government dismissed calls for schools to do more to accommodate Muslim pupils who want to wear a headscarf or grow a beard.
The Muslim Council of Britain also accused state schools of failing to respect the wishes of Muslim children when organising sex education, changing rooms and religious assemblies.
Veil wars
December 2006: Jack Straw sparked a row in his Blackburn constituency when he said he would ask women visiting his constituency surgeries to remove the niqab
November 2006: Aishah Azmi, a teaching assistant who refused to remove her veil in the classroom of a Church of England primary school, lost her job
March 2006: Shabina Begum, a young Muslim girl, failed in her legal battle to force every school in Britain to allow pupils to decide their own dress code according to religious belief
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I understand the reason for wearing the veil is because men look upon all women as sexual objects. Can someone explain why I saw a girl of about three years old wearing a veil?
This is very suspicious!!!
It is the problem of muslim men not women and therefore men should cover their eyes instead.
Bonnie Bel, Dorset, England
No citizen should be exempt from law because of a set of beliefs which have likely been forced upon him or her from a young age.
If Britain has to for some reason remain a democracy, it cannot betray democratic values because of religion.
Steve Bramner, Manchester,
Muslim girls who insist on wearing a face veil in a non muslim country often say that they are just observing a part of Islam. What they fail to remember is that it is also part of Islam to respect the laws and cultures of the country in which they live in, as long as it does not go against the teachings of Islam. Since the face veil is only an optional and not compulsory part of the muslim dress, those who insist on wearing it are causing alot of problems.
MARIA, EASTBOURNE,
With regards to funding for both sides of this case, I understand (from the father of a classmate) that the girl was supported by an "strict" Muslim group and that the school was going to drop the case as they would have had to sack a teacher to afford the High Court. Then a group of "liberal" Muslims came forward to pay for the school to proceed.
Anne, Milton Keynes,
What is the reason behind the full veil? To prevent men from being seually aroused. That was said more than 1000 years ago. If a girl today does not want to be annoyed by a boy there are other ways to do so. A full veil is not the only solution. However that veil is a reason for continuous irritation. Is it serving the Muslims in wester world? Is it really being used for its original purpose? Often when I see young Muslim girls roaming around in Central London, wearing scarfs or veils, I wonder whether they really know what they are doing. Those wearing head scarfs can be seen with jeans, maquillage...Is this compatible with the ideas of Islam they pretend to defend? According to these same priunciples, are they allowed to be in such places withgout the leder brother or husband or father? So why the veil? Religious obligation or ...provocation?
Husain, Paris, France
The veil is not worn as a way of suggesting that anyone is 'not worthy' of looking at the individual's face. This is just the wort of view that is the problem. The Veil is, for some, an importand part of religion and culture (they are intertwined), and whilst it doe sno harm to others it should not be prevented form being worn. The only reason we have 'communication problems' when a veil is worn is because it is not somthing we are used to. Not being used to somthing is no reason to prevent it happening -that's just fear.
Richard Borrett, Chester, Cheshire
The threat of an appeal from the girl's lawyer's is only going to plunder more funds from the Local Education Authority, which should be going to support all pupils whatever their religon. Lawyer's who specilaise in suing schools, for the most trivial of incidents , need to have a good look at themselves, Ialthough they dress it up in rhetoric most human rights barristers are only intrested in the huge fees they earn in taking on the government in these sort of cases . We should have an effective public defender sysstem, and encourage the CPS to take on more high profile advocacy to stop this waste of tax payers money.
Uche George, East London, UK
if the pupil in question feels so strongly about this she should go to an islamist country which practices sharia law the uk is mainly a christian country and hopefully will remain so
j robson, kettering, uk
What would happen if the choice of dress for criminals was not a hoody but a head scalf that covered their face? Would people be banned from wearing head scalfs in shopping centres? What if there was a spate of shoplifting thefts by criminals wearing muslim clothes to hide stolen goods, would people be banned from wearing these clothes in shops? What if a suspected terrorist tried to escape capture by dressing up as a veiled muslim woman?
Stuart, Manchester, UK
I would not, if I were a teacher, teach someone that made such a statement to me that I am not worthy to look at her and not worthy to have normal communications with her.
I just would not provide to teaching to her at all.
It is very sad that someone so young is making statements like this when they are going to have to live communicate and work with men if she stays in this country.
I think she should seriously consider moving to a state where the practice of women covering themselves up is the norm.
Ian, London, UK
The sharp edged weapon of legal aid to such claims should be limited: tax payers have funded this case to High Court level, a huge bill. The case should not be funded publicly to any higher level. And issues of dress cannot be matters of 'human rights' detached from actual social contexts. These are not fundamental abstract rights, such as the right not to imprisoned arbitrarily: we are talking matters of taste here. Lord Falconer is going to have his work cut out defending the whole notion of human rights if such matters are allowed to fall within their scope.
Tim, Abingdon,
This kind of court case can only stoke the fire of anti Muslim feeling already present in the UK. Some practices
seem to alienate the non Muslim majority. The full face veil
is one. The UK is not a sharia state, dress rules that apply
to non Muslims should also apply to Muslims.
D Hodgson, Wakefield, West Yorks
This in the same week Zilla Huma Usman is killed for dressing 'inappropriately'
Some people don't realise how lucky they are.
Ash, London, UK
Sir,
I totally agree with the Judge.
I have worked in the Middle East for the past 30 years and Moslems do not respect Christianity at all. I have witnessed Saudia Police beating up Filipino's at the airport because they had a Bible in their bag or were wearing a cross.
Why should we, as Christian British Nationals ,always have to cow tow to every other minor ehtnic group in our OWN country. If she doesn't agree to our laws and customs, let her come and live in a real Moslem (Police ) State, where she will have no rights at all and be treated worse than a dog.
D Elliott, London,