Body and Sartorial Paradox in Physical Education: A New Look at the Gender Interaction and Co-Educational System in Physical Education Class

Since the Tunisian Revolution of 2010, two views (modernism and conservatism) conduct two opposite social projects for the Tunisian population, which affect, in first order, the school from primary to secondary level. The Tunisian educational system is based on co-education, contradicting the country’s conservatism culture. The religious dress (veil/hijab) is accepted and tolerated in schools. Physical education, as an educational discipline, had to adapt to these changes, especially to the religion dress and gender interaction. The aim of this paper is to study, through the representations of physical education’s (PE) teachers, the paradoxes observed between physical practice and religious dress (veil/Hijab) and the management of the co-educational system in PE classes. This is based on the opinion which indicates that this matter requires the student’s body and physical ability to be independent from their gender, dress or motor skills. The results show a difference in opinion between females and male teachers regarding gender interaction and religious dress.

R (on the application of Begum (By her litigation friend, Rahman)) v Headteacher, Governors of Denbigh High School [2006] UKHL 15, House of Lords

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.

Identity, fashion and dress consumption by immigrants : a focus on ethnic dress and/or hijab

This study highlights and explores how Canada’s multicultural policy influences the relationship between fashion and identity of racialized diaspora communities in Canada. It focuses on traditional dress and/or the Hijab, a religious dress among diaspora communities in Canada. However, the study demonstrates that consumption of these items among immigrants varies, with some immigrant communities displaying stronger ethnic identity than others. The consumption of these goods shapes one’s ethnic or religious identity. The two theoretical approaches shed insights on the complex relationship between ethnic fashion/dress, religious dress and ethnic identity. The study concludes that although symbols of ethnic identity such as ethnic fashion and/or religious dress are increasingly being contested due to political ideology, they have served members of their respective diasporic communities quite well in that they have allowed them to display and celebrate their identity, and thus produce a particular theme of their identity within Canadian multiculturalism. Key words: Fashion, ethnic dress/clothing, veil/religious dress, immigrants and diaspora.

Identity, fashion and dress consumption by immigrants : a focus on ethnic dress and/or hijab

This study highlights and explores how Canada’s multicultural policy influences the relationship between fashion and identity of racialized diaspora communities in Canada. It focuses on traditional dress and/or the Hijab, a religious dress among diaspora communities in Canada. However, the study demonstrates that consumption of these items among immigrants varies, with some immigrant communities displaying stronger ethnic identity than others. The consumption of these goods shapes one’s ethnic or religious identity. The two theoretical approaches shed insights on the complex relationship between ethnic fashion/dress, religious dress and ethnic identity. The study concludes that although symbols of ethnic identity such as ethnic fashion and/or religious dress are increasingly being contested due to political ideology, they have served members of their respective diasporic communities quite well in that they have allowed them to display and celebrate their identity, and thus produce a particular theme of their identity within Canadian multiculturalism. Key words: Fashion, ethnic dress/clothing, veil/religious dress, immigrants and diaspora.

16. Article 9: freedom of thought, conscience, and religion

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. It discusses European Convention law and relates it to domestic law under the HRA. Questions, discussion points, and thinking points help readers to engage fully with each subject and check their understanding as they progress and knowledge can be tested by self-test questions and exam questions at the chapter end. This chapter discusses Article 9, which establishes a general right to freedom of ‘thought, conscience, and religion’. The right to ‘manifest’ belief is ‘qualified’ in the sense that justified interferences are allowed. The duty of a court addressing an Article 9 issue is to decide whether there has been an interference, for which the state is responsible, that either restricts a person in holding religious beliefs or restricts the manifestation of belief. Manifestations of belief can be restricted if the restriction can be justified under the terms of Article 9(2). Important issues involving conscientious objection and the wearing of religious dress both in the context of employment and generally are considered in relation to justification. Article 9 can often be invoked in tandem with other Convention rights that also help to secure freedom of religion and belief.

Human Rights Law Directions

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Self-test questions and exam questions help readers to engage fully with each subject and check their understanding as they progress. Human Rights Law Directions has been written expressly to guide you through your study of human rights law, and to explain clearly and concisely the key areas of this fascinating subject. Combining academic quality with innovative learning features and online support, this is an ideal text for those studying human rights law for the first time. This fifth edition has been fully updated with key developments in human rights law, including: discussion, in so far as information allows, of proposed reform of the legal protection of human rights in the United Kingdom, post-‘Brexit’; the ECtHR case law on unlawful rendition; deportation and human rights; the impact of human rights on warfare and the condition of British troops abroad; the impact of Article 8 on abortion and assisted suicide; concerns over surveillance and communications data; the impact of human rights law on controversies over religious dress (such as the burqa ban in France); and possible infringements of rights by the legal response to Coronavirus.

17. Freedom of Thought, Conscience, and Religion

This chapter examines the protection of the freedom of thought, conscience, and religion in the European Convention on Human Rights. It explains the provisions of Article 9 and the definition that has been given to the concepts of ‘religion’, ‘belief’, and the ‘manifestation of religion or belief’. It analyses the decisions made by the Strasbourg Court in several related cases, including those involving proselytism, the wearing of religious dress and symbols, the manifestation of religion and belief by prisoners, the conscientious objection to military service, immigration issues which touch on the freedom of religion, and the recognition and authorisation of religious organisations.

Grace and Law

This chapter discusses two of the Christian Legal Centre's (CLC) cases to examine the ways in which theological categories are recognised (or misrecognised) in law. These cases involved a nurse and a schoolgirl seeking exemptions from uniform policies that prevented their wearing a cross necklace and a purity ring respectively. For those at the CLC, these cases functioned as proof of the legal system's discrimination against Christians. By virtue of Reformed Christianity's antinomian approach to religious dress — that is, because Protestants do not usually see religious dress as a requirement — the courts felt justified in denying these claimants the 'right' to wear religious jewellery. The CLC interpreted this as anti-Christian bias. For the members of Christ Church, however, the cases were problematic precisely because they seemed to imply that one needed to wear a cross to be a Christian, thereby conflating grace and law and misrepresenting the faith to outsiders. The chapter uses this theo-legal dispute to explore the ways in which English law constructs material religion as optional and inessential, such that cases aiming to protect the right to wear religious jewellery end up confirming the ease with which restrictions can be placed on it.