The applicant alleged a violation of her right to religious freedom and her right to education guaranteed by Article 9 of the Convention and Article 2 of Protocol No. 1 respectively. As a muslim, she had wanted to wear a headscarf when attending physical education classes. She had been expelled from school. The repondent said that it was following a policy of secularism.
Held: The interference had been justified as a matter of principle and proportionate to the aim pursued.The expulsion was not disproportionate. She was able to continue her schooling by correspondence classes, and her religious convictions were fully taken into account in relation to the requirements of protecting the rights and freedoms of others and public order. The decision complained of was based on those requirements and not on any objections to the applicant’s religious beliefs
Judges:
Peer Lorenzen, P
Citations:
27058/05, [2008] ECHR 1579, [2009] ELR 77, (2009) 49 EHRR 8
Links:
Statutes:
European Convention on Human Rights
Cited by:
Cited – Eweida And Others v The United Kingdom ECHR 15-Jan-2013
Eweida_ukECHR2013
The named claimant had been employed by British Airways. She was a committed Christian and wished to wear a small crucifix on a chain around her neck. This breached the then dress code and she was dismissed. Her appeals had failed. Other claimants . .
Lists of cited by and citing cases may be incomplete.
Human Rights, Education
Updated: 21 July 2022; Ref: scu.278484