(Not Yet) Taking Rights Seriously: The House of Lords in Begum V. Headteacher and Governors of Denbigh High School, on Religious Clothing in Schools

Abstract

The House of Lords found that a school's prohibition on the wearing of the jilbab was not contrary to Article 9 ECHR. There was no limitation of religious freedom in imposing a dress code, and even if there was it was justified. The view of the headteacher on what was necessary for the school must be accorded great weight. This note analyses the judgments in detail, criticising their understanding of the ECHR and their approach to evidential questions.

Keywords: religious freedom, discrimination, school uniform, education, dress codes, religious clothing, human rights, European Convention on Human Rights, House of Lords, Human Rights Act, Islam, Jilbab, Headscarf

JEL Classification: I20, K10, K30