Matthew Taylor, education correspondent
Friday March 4, 2005
The Guardian
Muslim groups and governors warned last night that the schoolgirl
who won the right to wear the Islamic shoulder-to-toe dress in the
classroom should not be used as a political football.
Shabina Begum, 16, fought a two-year battle in the courts, arguing
that her school had breached her human rights by not allowing her
to wear the jilbab. This week the appeal court ruled that her
former school had acted against her right to express her religion.
A headteachers' organisation said the decision would "drive a
coach and horses" through schools' right to set their uniform
policy, amid further fears the ruling would have far-reaching
consequences.
But last night the Department for Education and Skills said that
although ministers will "look again" at the government's guidance,
the court's decision would have no effect on the rights of
individual schools to chose their own uniforms.
Abeer Pharaon, chair of the Assembly for the Protection of Hijab,
agreed the case did not have any wider implications and said it
should be seen as a "one off".
"This is an exception and should not be turned into a political
case," she said. "We must be careful not to make a bigger issue of
this than is necessary. The UK is a tolerant society and a
multicultural place to live and this is dear to us as Muslims,"
she said.
She said this was the only case of its kind that the organisation
had encountered. "We must ensure that there is good communication
between parents, pupils and schools, which does happen in most
cases," she added.
School governors set policy on uniforms in line with DfES
guidelines. Carol Woodhouse, a member of the executive of the
National Association of School Governors, said she did not think
the ruling would change the way governors operated.
"This has been a very difficult situation but I think the message
... is that we have to make sure that they are working with wider
community to ensure that school uniforms are acceptable to all
groups. I don't think this ruling will change the way governors
operate but it may make them more aware ...", she said.
Shabina had worn shalwar kameez [trousers and tunic] to Denbigh
high school in Luton until September 2002 when she decided it was
against the tenets of her religion and was subsequently excluded.
Last night the Islamist group Hizb ut-Tahreer denied it had
advised Shabina during the case. "We were not involved in her case
in any way but we were there for her in terms of explaining
Islamic values as we are for the Muslim community in general,"
said Nazreen Nawaz, the organisation's spokeswoman.
Denbigh high school said it had lost the case on a technicality
and was proud of its multi-faith policy which it insisted took the
cultural and religious sensitivities of pupils into account.