q 2 begum case

q 2 begum case

1. Denbigh hs non faith school-70% muslim girls-two thirds governors muslim

   • shabina begum 16yr muslim sent home for wearing full length jilbad-against school uniform policy
     • uniform policy created 2 yrs before she joined extensive consultation with local mosques parents etc
       • shabina argued refusal to allow jilbad [considered to be most modest and therefore strictest adherence would her wish-claimed art 9 protection
         • court of app 2005 found violation -jr was clothing ban proportionate response ,to aims of uniform policy
           • school applealed to h of l --they held shalwar kameeze no threat but jilbad was therefore ban proportionate no violation -no art 2 education as offered home work etc-
             • lord nicholls baroness hale dissented
               • lord bingham 3 reasons -traditional view whether applicants rights not challenged because of defective decision making process
                 • judicial review-court agreed with arriving at decision in right way not whether decision is correct
                   • lj brooks in c of a said school could justify its stance in future lord b said you cannot condem schools action as disproportionate and say some future action could be properly well maintaintained
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