House of Lords : R (on the Application of Begum) v Head-teacher and Governors of Denbigh High School

2018 ◽  
Author(s):  
Nuno Ferreira

It is more than 10 years since the decision of the House of Lords (HL, as it was then) in Begum, but it remains as contentious and relevant as ever. In Begum, religion, age, gender, culture, and socio-economic background conflate, raising issues of equality, tolerance, autonomy, diversity, and respect. The decision alerts us to the way in which a range of socio-cultural variables affect children’s lives. This commentary discusses the significance of this decision and how this decision could have been more compelling from a children's rights perspective.


Author(s):  
Thomas E. Webb

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R (on the application of Begum (By her litigation friend, Rahman)) v Headteacher, Governors of Denbigh High School [2006] UKHL 15, House of Lords. This case concerned whether a school unlawfully limited a pupil’s right to manifest her religious beliefs through religious dress. The case note explores how a balance is struck between competing qualified rights, and so also contains discussion of the concept of proportionality. The document also includes supporting commentary from author Thomas Webb.


Author(s):  
Thomas Webb

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R (on the application of Begum (By her litigation friend, Rahman)) v Headteacher, Governors of Denbigh High School [2006] UKHL 15, House of Lords. The document also includes supporting commentary from author Thomas Webb.


2012 ◽  
Vol 18 (1) ◽  
pp. 221-232
Author(s):  
Susan Edwards

The Jilbab ControversyOn March 22nd 2006, the House of Lords allowed an appeal by the defendant school, Denbigh High School in Luton and ruled that the school’s uniform policy which disallowed a particular variation of Islamic dress - the “jilbab” (a long sleeved floor length loose fitting tunic dress) - did not amount to an interference with the respondent’s right to manifest her religion. Denbigh High School’s, school uniform, for those who were of the Islamic faith was in the form of the “shalwar kameeze” (a tunic and a particular style of shaped trousers). This uniform variation was worn by those Muslim girls who wished to wear it and was also worn by non-Muslim girls of Hindu and Sikh faiths who attended the school. Shabina Begum had attended the school since the age of eleven years and had worn the shalwar kameeze. When she was thirteen she no longer wished to wear the shalwar kameeze, instead she said she wanted to wear a jilbab which she maintained was  “the appropriate” dress code for a Muslim woman after puberty. Moreover, she refused to attend school unless she could wear this form of dress.


Author(s):  
Thomas E. Webb

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R (on the application of Begum (By her litigation friend, Rahman)) v Headteacher, Governors of Denbigh High School [2006] UKHL 15, House of Lords. This case concerned whether a school unlawfully limited a pupil’s right to manifest her religious beliefs through religious dress. The document also includes supporting commentary from author Thomas Webb.


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