Schoolgirl Wins Muslim Gown Case

I didn't have a problem with the decision but what bothered me was that according to the BBC news the girl was considering claiming compensation.
I know there is a wide gap between thinking and actually doing it but if indeed she does go ahead and claim I will join the raving loony party because this country will have finally gone mad.
 
Col, I think that those views expressed in the passages you quoted are pretty extreme & showing severe prejudice to those Muslims who are very devout. Do you think it is fair to assume that because a young girl is devout & deeply religious she is obviously a religious fanatic & thus a threat? I only ask as that is what I perceive to be implied by those quotes from the judgement. Would the same theories be applied to a Christian nun, I wonder - it can be argued that they are even more devout & deeply religious as not only do they cover up all parts of their bodies, they carry a rosary & have sworn celibacy.

I am not at all religious so it is not as though I have an axe to grind, I just feel that this girl was treated unfairly as the school were forbidding her to wear religious dress, instead making her wear dress that she felt to be morally wrong. Not quite the same I know, but I wouldn't be happy & would refuse to comply if my boss asked me to come to work in a skimpy top, mini-skirt & fishnets!!! :lol:
 
I consider we must address certain key issues on this thread.

I went to a school where, if you presented yourself at assembly with a button missing from your blazer, you would be sent to see a mistress to have the offending button dealt with.

Anyone presenting themselves incorrectly dressed would immediately be sent home.

I am now a grandfather and my grandson goes to a school where thankfully most of these standards are still adhered to.

The school I attended was in the middle of the largest council estate in Europe at the time, so there was no silver spoon and it was very much a have and have not environment.

The children who were undoubtedly from poor families, were not disadvantaged by dress code as they are today. It must be impossble for poor families to keep pace with fashion. The children just needed to conform to uniform standards and were equals.

My view is that we need to consider the implications of this decision. It needs to be said that we all need to ensure that equality must be preserved for all children regardless of the colour, religion and upbringing.

I feel it is dangerous that this court case has ended the way it has. I am sure that not all of you will agree with me.
 
Many years ago, a Mr Dowell-Lee, the head of the primary school(Rathvilly) where my Dad used to work went all the way to the House of Lords to try and get a pupil to remove a turban and he lost.
 
I tried - the issue is how her human rights were not properly addressed in accordance with Art 9 (1 & 2) not whether there is an automatic right to override a school uniform policy .
 
Col, I think that those views expressed in the passages you quoted are pretty extreme & showing severe prejudice to those Muslims who are very devout. Do you think it is fair to assume that because a young girl is devout & deeply religious she is obviously a religious fanatic & thus a threat?
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No, but thats not what the quotes meant - or at least I didn't take them to mean that. I don't really think they are extreme though.

I only ask as that is what I perceive to be implied by those quotes from the judgement. Would the same theories be applied to a Christian nun, I wonder - it can be argued that they are even more devout & deeply religious as not only do they cover up all parts of their bodies, they carry a rosary & have sworn celibacy.
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Well being honest I wouldn't expect someone to be allowed to wear a nun's outfit at a school where they have a uniform policy in place, and I would still think it to be right if she were excluded for not wearing uniform, regardless of what others thought.

I am not at all religious so it is not as though I have an axe to grind, I just feel that this girl was treated unfairly as the school were forbidding her to wear religious dress, instead making her wear dress that she felt to be morally wrong. Not quite the same I know, but I wouldn't be happy & would refuse to comply if my boss asked me to come to work in a skimpy top, mini-skirt & fishnets!!! :lol:
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:) however I think the point here is that she knew of the uniform policy before she started, but still chose to go to that school, knowing she wouldn't be allowed to wear what she wanted. If you went for an interview and at the interview you were told the dress policy was skimpy top, mini-skirt and fishnets, would you take the job, then take the employer to court, or would you just decline any job offer they made, and find another employer to work for?

Ardross - I know :)
 
Ted, the day France has the right idea about anything (bar a tote monopoly), I'll give up the will to live :what:
 
Don't give up Maurice, but I think they are dead right about this.

Just reading about this case makes me angry.

Who paid her legal bill? because you can bet your life savings she didn't.
And now the cheeky cow wants compensation.
Compensation for what?
If she gets one penny it should go towards the cost of the legal bill.
 
Ted you are right - she didn't pay her own costs. But you are wrong in your assumption that we did in that it came out of legal aid. She has been used by a radical Muslim group for the last three years, since she was 13. It has emerged that her case has been backed by Hizb ut-Tahrir, an extremist Muslim group which is banned in Germany and the Middle East. Its aim, apparently, is a worldwide Muslim state and it was banned in Egypt after fomenting an attempted coup in 1974.

By the way, I can find no record anywhere of reports that she is looking to claim compensation.
 
I support the intregation of children of all race ,religion and colour at school,mainly because the alternative of single race, religion schools does not encourage the development of an even -handed society,however there are limits to how far a school can go to accomodate individual preferences. I don't know whether or not this school ought permit the girl to wear her chosen relious dress but am uneasy that this is perhaps one of the early steps in an unhealthy progression.

As an aside I have conducted a lot of business in the Middle East and am used to seeing women wearing the jilbab and I can't say it normally bothers me though I occasionally feel sorry that the the women must have such a negative view of men or else have been 'forced 'to wear them to conform. Today in a court I saw an admitted fraudster,a small woman originally from Pakistan, wearing one which had a Batman cowl-like type of facepiece which I found somewhat sinister and intimidating.
 
She did not seek compensation - it is clear from the report . As for Ted's other point that is an altogether different debate . I think Church and State should be divorced and schools secularised and faith schools banned .

Creationist schools for example disgust me . There was a piece about them recently where the par tof one lesson had a teacher stating that various events from history were the Act of God - in particular the Reformation and Catholic persecution of the 16th century . Is it any wonder there are so many extremists about ?
 
Like Ted, I have seen reports that the girl is seeking compensation but as we know, reports are not forced to be true.
This girl is being used and merely a puppet.
 
What was said was that she was considering a claim of compensation.

As I stated earlier there is a wide gulf between saying you are going to do something and actually doing it.

If however she does claim for compensation then how will the panel view that course of action?
 
Knowing what people do claim for and win, what odds would you give for the reports to be true ? must be odds on.

I saw very recently someone claimed compensation for stress whilst awaiting trial and he received a few thousand pounds ( cannot recall amount)
 
It is odds on that this thread is full of inaccurate postings

The judgment of the Court of Appeal records the fact that the claim for compensation was not pursued . She cannot therefore claim compensation as she withdrew it !!!.

If a person is maliciously prosecuted and suffers personal injuries as a result then quite properly they are entitled to compensation .
 
The case was for the legth of time it took to bring a rape (i think) case to court and he won £6000

In all fairness (regardless of the crime) I fail to see why it should take 4 and a half years to get to the sentencing stage, considering the police are supposed to have evidence before they arrest you. I fully understand the need to do further investigation after arrest, but 4.5 years!

Regarding this girl, I can't see how she can now apply for compensation, after she told the court of appeal that she wasn't seeking any.
 
I'll concede the point that she knew of the uniform policy beforehand, not a lot to say to that one! However, she is a young girl & I'm not entirely sure that at the age of 11 she would have necessarily taken those factors into account.

As for the skull cap - I'll answer, Brian! :lol: Personally I don't see any problem with boys wearing those, I can't see any reason to disallow them. Certainly in Gib Jewish boys are allowed to wear skull caps to school, I often see them in their school uniforms & with skull caps on.
 
Col can you direct me to the report of the case to which you refer. I assume the compensation would be ECHR compensation for a breach of Article 6
 
Well I hope she isn't seeking compensation, but I did see BBC news, and on there they stated that she is now considering whether or not to seek compensation.
Which I took to mean that she will do. :D
 
Excuse me if I SCREAM in frustration

The judgment of the Court of Appeal records that her application for compensation was not pursued . If so she cannot change her mind and sue again due to the principle of res judicata - if one court has decided against you whether or not that was on the basis of a withdrawn claim then you cannot sue again unless you served a notice of discontinuance of her whole claim before any judicial consideration of your claim . She did not do that here she pursued her claim for a declaration that her human rights had been infringed thus she cannot resuscitate her claim for compensation whatever some imbecilic journalist fails to understand
 
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