Mick Hartley

I missed this yesterday, from David Pannick QC, but Ophelia at B&W picked it up:

We respect the right of everyone to believe whatever they like: that Jesus Christ rose from the dead, Muhammad was God’s prophet, the Red Sea was parted for the Children of Israel or L. Ron Hubbard identified the path to total happiness. But there are two important limits to religious tolerance.

First, I have no right to legal protection against your scepticism, criticism or ridicule. Religion is too powerful a force, and is too often a cause of injustice or evil, for it to be immune from discussion and debate. The Government failed to defend this principle when seeking to strengthen the Racial and Religious Hatred Bill. The House of Commons rightly agreed with the House of Lords that freedom of expression must be protected. Muslims are, of course, entitled to feel offended by the publication of cartoons of the Prophet Muhammad. They have the right to express their outrage in a peaceful manner. But in Europe it is not the role of the law, far less the Government, to prohibit or punish publications that sections of the community (whether Christians, Jews, Muslims or atheists) find offensive. […]

Much more difficult questions are raised by manifestations of religious belief that do not cause such obvious harm, but that may conflict with public policy or with other interests. Should turbaned Sikhs be immune from the rule that motorcyclists must wear a crash helmet? Must employers allow Jews, Muslims and others to have days off to celebrate their religious festivals?

Ms Begum attended Denbigh High School in Luton. Most pupils were Muslim. The school uniform included an option for girls to wear a shalwar kameez, involving a smock-like dress and loose trousers. They could also wear a headscarf. This uniform had been chosen after consultation with parents, pupils and religious authorities. It satisfied mainstream Muslim opinion. After attending the school for two years, Ms Begum decided, for religious reasons, that she wanted to wear a jilbab, which conceals the shape of a woman’s arms and legs. The school refused to change its policy. Ms Begum eventually left to attend another school which allowed her to wear a jilbab. […]

Shabina Begum v Denbigh High School is not just a case about the rights of a schoolgirl to wear a jilbab. It is also a case about whether a secular school may protect other pupils from religious pressures that seek to dictate the role of women.