Posted on 02/21/2007 3:59:36 AM PST by knighthawk
A 12-year-old schoolgirl has failed in an attempted legal challenge to her school's ban on a full-face veil. Mr Justice Silber had been told that the girl's three older sisters had attended the same school and had worn the niqab with no problems.
But the school, in Buckinghamshire, had told the girl it was not acceptable because teachers believed it would make communication and learning difficult.
The judge has now rejected her lawyers' arguments for a judicial review.
They said after the judgment that the family were "bitterly disappointed".
They are considering making an appeal, but would have to make a separate application for this as the judge refused them permission to do so.
For legal reasons the girl and the school have not been identified publicly.
'Religious tolerance'
It is understood she has been taught at home after falling foul of the uniform policy last autumn.
About 120 of the school's 1,300-plus pupils are Muslims. About half of them wear the hijab headscarf, which is permitted.
The girl's solicitor, Shah Qureshi, said: "We believe there are a number of errors in the decision that have led to Mr Justice Silber reaching the wrong conclusions.
"It is surprising that he decided that the school had not infringed my client's freedom to manifest her religion given the fact that she entered the school on the understanding that the wearing of the veil was allowed when being taught by male teachers."
Costs
He added: "My client and her family are not the extremists that they have been portrayed as by some elements of the press.
"All she wants is to be able to practise her deeply held beliefs whilst getting on with her daily life.
"She is not impinging on the rights of others and has always been willing to meet with the school to reach a resolution."
There was no immediate reaction to the ruling from the school, which is referring enquiries to the local authority.
A spokesperson for Buckinghamshire County Council said it would be responding once it had had time to consider the full ruling.
The county council had supported the school but not backed its case, saying it had to consider the possible burden on its resources of an expensive court battle.
The judge awarded costs against the girl's parents, who had funded her case themselves.
Last year, the Law Lords ruled that a Luton school was justified in banning the jilbab, a long gown.
Government guidance says schools can decide their own uniform code in consultation with the community.
Dress codes are dress codes. If the
veil is so important to this family,
they have the option of arranging
private education for their daughter.
The idea that the world must accomodate
every individual's whim or religious tenet
is ridiculous.
We lost complete disciplinary control
over American kids when liberal judges
decreed a student had the right to
"express himself" through his attire/
appearnce. Into the schools came every
ultra costume/hair style worn on the
stages of rock concerts. Then people
were amazed when the cry went out that
the school nurse MUST provide condoms,
and school boards MUST provide info re
contacts for teen abortions. DUH!
A 12-year-old girl left to her own devices would want nothing to do with that dishtowel. She would want to display and express herself and develop normal social bonds, even (gasp!) interact with boys. In a way, I don't blame the Muslims. Their antiquated oppressive ways have been coddled for so long under the religious tolerance umbrella that they actually expect the world to bend over backwards putting up with their silly superstitions.
Sorry, if you want to show that you agree with Islam's oppressive demands, then you can wear your naqib but yo can't go to school.
What is the slut doing at an infidel school? Women are not allowed to read and write. Stone her!
Ping
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