R (S Begum) v Governors of Denbigh High School [2007] 1 AC 100

House of Lords

Facts: A Muslim student, Begum, challenged her school’s uniform policy which did not permit the wearing of a jilbab, a traditional Islamic garment, instead of the prescribed shalwar kameeze. She argued that the school’s decision infringed her right to manifest her religion under Article 9 of the ECHR.

Issues: Whether the school’s uniform policy infringed Begum’s right to manifest her religion/Whether the policy was proportionate in restricting her right to wear the jilbab.

Held: The House of Lords dismissed the appeal.

(1) Human Rights: The court found no interference with Begum’s right to manifest her religion in practice. The uniform policy did not constitute a violation of Article 9.

(2) Proportionality: The policy was deemed proportionate and justified. The court emphasized that the decision should be based on substantive considerations rather than procedural defects, respecting the school’s discretion in managing its uniform policy.