A Muslim schoolgirl today won her legal battle to wear traditional "head-to-toe" dress in the classroom, in a case that will force multi-faith schools to make their uniform rules comply with human rights laws.
Shabina Begum, 15, accused the head teacher and governors of Denbigh High School in Luton, Bedfordshire, of denying her the "right to education and to manifest her religious beliefs" for its ban on the jilbab, a dress that leaves only the hands and face exposed.
Lord Justice Brooke, vice-president of the Court of Appeal's civil division, today ruled that her school had unlawfully excluded Ms Begum, denied her the right to manifest her religion, and denied her access to suitable and appropriate education.
Ms Begum was represented at the appeal court by Cherie Booth, QC, Tony Blair's wife.
Speaking outside the court this morning, Shabina, now 16 and attending a school where the jilbab is allowed, called the decision "a victory for all Muslims who wish to preserve their identity and values despite prejudice and bigotry".
She said: "The decision of Denbigh High School to prevent my adherence to my religion cannot unfortunately be viewed as merely a local decision taken in isolation.
"Rather it was a consequence of an atmosphere that has been created in Western societies post 9/11, an atmosphere in which Islam has been made a target for vilification in the name of the War on Terror."
Yasmin Bevan, the school's head teacher, said last year that one of the reasons the school maintained its jilbab ban was to help children to resist the efforts of extremist Muslim groups to recruit them.
Ms Begum, whose parents are both dead, had worn the shalwar kameez from when she entered the school at the age of 12 until September 2002, when she and her brother, Shuweb Rahman, told the assistant head teacher that would now wear only a jilbab.
The judge said when she arrived dressed in a jilbab, she was told to go home and change into school uniform. She was accompanied by her brother and another young man, whom the assistant head teacher felt were unreasonable and threatening, he said.
"The school undoubtedly did exclude the claimant. They told her, in effect: ‘Go away, and do not come back unless you are wearing proper school uniform’," Lord Justice Brooke said.
Today the school said that the case had been lost on a technicality, and insisted it was proud of its multiracial policy.
It said: "Denbigh High is a multiracial, multifaith school with a uniform policy that takes into account the cultural and religious sensitivities of pupils at the school. The policy was agreed by the governing body following wide consultation with the DfES (Department of Education and Skills), pupils, parents, schools and leading Muslim organisations.
"The case was lost due to a small technical breach of the Human Rights Act. The judges accepted that the school is entitled to have a uniform policy and could see nothing wrong with it. The policy will be reviewed as it always is annually."
Ms Begum's local education authority, Luton Borough Council, added that all schools would now be advised to take pupils' religion into account when imposing school uniform rules.
A spokesman said: "We are pleased that the Court of Appeal upheld the uniform policy of Denbigh High School. However, in light of their judgment, we will be developing guidance on school uniform and advising Luton schools' governing bodies to review their uniform policy, taking into account the religious and cultural needs of pupils."
Ms Booth, QC, told the judges at a hearing last December that the case involved "fundamental issues" about the nature and interpretation of Ms Begum's rights to education and freedom to practise her religion.
Last June, High Court judge Mr Justice Bennett dismissed the girl's application for judicial review, ruling she had failed to show that the "highly successful" 1,000-pupil school, where 79 per cent of students are Muslims, had excluded her or breached her human rights.
The school already allowed girls to wear a headscarf with the shalwar kameez - loose trousers and tunic approved by local Muslim leaders.
Ms Booth said that Mr Justice Bennett was saying that the school, which sent her home after she refused to wear authorised school uniform, was entitled to "pick and choose" which religious beliefs it accepted.
Lord Justice Brooke today called on the Department of Education and Skills to give schools more guidance on how to comply with their obligations under the Human Rights Act.
A DfES spokesperson said: "Our school uniform guidance states that governors should bear in mind their responsibilities under sex and race discrimination legislation and the Human Rights Act, be sensitive to pupils' cultural and religious needs and differences and give high priority to cost considerations. Schools are expected to consult parents about school uniform matters wherever possible."
Ms Begum added outside court today: "As a young woman growing up in a post 9/11 Britain, I have witnessed a great deal of bigotry from the media, politicians and legal officials. This bigotry resulted from my choice to wear a piece of cloth, not out of coercion, but out of my faith and belief in Islam.
"It is amazing that in the so-called free world I have to fight to wear this attire. This amazement has not been left unnoticed in my community, the Muslim community, who see a concerted effort to dehumanise Muslims and vilify Islam. I suspect cases like mine will not be the last, but nevertheless I hope that my case will give strength to others."
Iqbal Sacranie, secretary-general of the Muslim Council of Britain, said: "This is a very important ruling on the issue of personal freedoms. Many other schools have willingly accommodated Muslim schoolgirls wearing the jilbab.
"Those that believe and choose to wear the jilbab and consider it to be part of the faith requirement for modest attire should be respected."
But Tim Collins, the Shadow Education Secretary, said: "It should be for schools and schools alone to decide on the dress code they wish to specify and enforce. This case yet again reflects the way in which the Human Rights Act is unduly restricting the freedom of head teachers to run their schools in their own way."
