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HIJAB - SHOULD/CAN IT BE BANNED IN THE UK?

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HIJAB - SHOULD/CAN IT BE BANNED IN THE UK?

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Source of Image: http://www.huffingtonpost.co.uk/2013/04/22/christian_0_n_3130730.html

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MODULE: IA176-3-FY : INTRODUCTION TO UK HUMAN RIGHTS

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MODULE: IA176-3-FY : INTRODUCTION TO UK HUMAN RIGHTS

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Agnes Chan Chai Ieong
Lecturer: Audrey Woraker
Date: 23rd  March, 2017

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This project is going to discuss about the human rights for the women who wear hijab, it is going to be debated whether women should wear hijab in the UK or not. This topic will be discussed using the law related to the hijab, and both academic and political commentary. In support of this it will be also relied on social comments in order to show how the public are in agreement with the academic and political views. The project will be illustrated by Padlet.

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In this case, Begum was forbidden to wear her jibab to school. In the rules of the school, there is no a particular rule stating that whether students are allowed to wear jibab to school. Therefore the school had no right to enforce Begum not to jibab to school. ​

Under s.6 (1) of Human Rights Act 1998, it is illegal for public authority to act in a way that breach the fundamental rights of individuals[4] The clothes that Begum chooses to wear is her fundamental rights, but the school as public authority disapproval her outfit is going against this law. ​

In the view of the school, it is thought that if the student wears some clothes which look different from the majority of people, then it will be considered as 'outlaw' and 'the student wishes to stand out and be special one'. In this case, as majority of the Muslim girls are wearing 尸alwar kameez, while only Begum is wearing jibab. Therefore the school banned her clothes.​

It is argued that whether the school is public authority or not, in this school, it is a public school, therefore it is public authority and has the legal responsibility under the Human Rights Act 1998 s6​

In conclusion, the school should not ban the student's clothing because they are wearing different clothes from the majority of others.

[4] Human Rights Act 1998 s.6(1)

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CASE LAW: R v Headteacher and Governors of Denbigh High School[1]

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CASE LAW: R v Headteacher and Governors of Denbigh High School[1]

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The Court of Appeal ruled against a high school which sent home a pupil Shabina Begum for wearing a jilbab, i.e a gown covering the whole of her body except her hands and face. Under the Convention on Human Rights Article 9[2], the Court of Appeal ruled that the school had infringed Miss Begum's freedom to manifest her beliefs by taking the view that a shalwar kameez was acceptable for the majority of Muslims and that she accept this garment which showed more of the body.

Lord Justice Scott Baker said: 'Every shade of religious belief if genuinely held is entitled to due consideration under Art 9.'

[2]R (on the application of SB) v Headteacher and Governors of Denbigh High School[2005] 2 All ER 396
[3] Convention on Human Rights Art 9 s(1) & (2)
Source of Images:
(1)Jibab:  http://www.hijabiworld.com/latest-new-abaya-pictures-ideas/
(2) Salwar Kameez: http://www.bolosuch.com/new-designs-of-salwar-kameez.html

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DIFFERENT KINDS OF GARMENT OF ISLAMIC WOMEN

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DIFFERENT KINDS OF GARMENT OF ISLAMIC WOMEN

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Source of Image: http://www.nairaland.com/3357892/cuteness-overload-young-girls-hijab/1

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COLD FACT:WORLD HIJAB DAY - 4TH SEPTEMBER

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COLD FACT:WORLD HIJAB DAY - 4TH SEPTEMBER

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Source of Image: https://safiasimon.wordpress.com/2015/07/06/these-are-my-diamonds-and-pearls/

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CONCLUSION: HIJAB SHOULD NOT BE BANNED IN THE UK

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CONCLUSION: HIJAB SHOULD NOT BE BANNED IN THE UK

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"Everyone has the right to decide their religion, not the religion decides the right to him/her"- Agnes Chan Chai Ieong(2017-01-21)
"I do not see any clothing inappropriate here, but just five beautiful ladies, all of them are beautiful in their own way and religion"- Agnes Chan Chai Ieong(2017-01-21)
Source of Image: https://entertothematrix.wordpress.com/2012/09/17/12025/

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OPINIONS TOWARDS BANNING HIJAB IN THE UK

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OPINIONS TOWARDS BANNING HIJAB IN THE UK

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http://www.express.co.uk/news/uk/635929/Burka-ban-UK-Muslim-women-will-have-to-remove-face-veil-for-officials
Summary:

Muslim women can be banned from wearing veils in schools, courts and other British institutions, mentioned by former Prime Minister David Cameron.

1/1000 Muslim women will face deportation unless they pass a series of English language tests after coming to Britain on spouse visas.

Veils will reignite the row over whether British institutions should be able to stop women covering their faces for religious reasons in public places.

Source of Image: http://www.express.co.uk/news/uk/635929/Burka-ban-UK-Muslim-women-will-have-to-remove-face-veil-for-officials

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MY PERSONAL POINTS OF VIEW TOWARDS THIS ISSUE

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MY PERSONAL POINTS OF VIEW TOWARDS THIS ISSUE

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As I am an atheist, which I don't have any religious belief or preference. Therefore, I am thinking hijab is  a  normal clothing giving an outstanding appeal. ​

Here I have a thought experiment: There is a society which gives wide Freedom to citizens. One day, a group of powerful people propose to ban all the pornography in Internet and business. The people who involved in this industry will be killed without any reasons. Strangely, as there are only small amount of people being killed, therefore no one has a voice standing up. Later, the group of people say that females should not show up too much of their body parts, as it will be too horny and make men committing rape. Therefore, the summer clothes like bikini, mini-skirts, etc, are banned. If there is female wearing these kind of clothes, they will be arrested and killed. From this, the women start to stand up and wish to oppose that group of people, unfortunately no one help them, because the men think that this issue does notb affect to them, therefore they keep silence. And the women who have raised up their voices are killed. Soon the men in the society get oppressed. One month later, the group of people have another proposal again: all men are enforced to cover with heavy clothes even in summer( without a reason) Then the ​

From this thought experiment, it is found ridiculous that the group of powerful people ban everything without an valuable reason. Here, I have a question: if we think that banning bikini is a ridiculous thing, then why should we think that banning hijab is a reasonable thing? ​

Also, even though I am not wearing hijab, I have the responsibility to stand up for women who wear hijab. What if one day the UK government bans all the female with long hair? If I do not stand for the others, when I am in trouble, who is going to stand for me?

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The reason that People who wear hijab is the way to show their faith towards their religious beliefs. Unfortunately, majority of the people who are not wearing hijab misunderstand that the people with hijab are being oppressed.​

According to the image from Pinterest, it  clearly shows the misconception of social view towards Muslim women. In reality, there are not much differences between Muslim and other women. They have freedom of speech, most of them can  choose their life partners; they live happily and beautifully in their own way.​

From these, if the women have no complaints on their lives on wearing hijab, then why does the society criticise on their lives?

Even hijab is banned, the person who wishes to join the ISIL,  no one can stop him or her. It is a problem of the person's perspective, but nothing related to whether he or she is putting a hijab or not.

Italy’s ex-Minister Roberto Maroni has his point, no one thinks that there is a problem that Virgin Mary appears in a veil, but many voices appear against Muslim women wearing hijabs. Therefore, the problem is not on whether hijab should be removed or stayed in. But the problem of the perspectives of the people in society.​

Source of image: https://www.pinterest.com/pin/286893438736727358/​

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It is argued that banning hijab in the UK is the way to stop British Muslims being targeted, becoming radicalised and traveling to the Middle East to join terrorist groups like the Islamic State of Iraq and the Levant (ISIL).

Outlaw gender discrimination is occured during meetings in public buildings amid concerns that some Muslim organisations are forcing women to sit separately, because they look different with putting on hijab.

When students who putting on hijabs stop attending schools without any explanation, their parents will be encouraged to carry out checks to ensure their children are not being radicalised.

In courts, it is important to maintain appropriate etiquette. For example, no one is allowed to wear a cap in court. Therefore, it is argued that hijab should be treated like cap and taken off in court too. In the UK, a London judge ordered a Muslim defendant to remove her hijab, and asked politicians for clearer instructions on veils in court.

Source of Image: http://www.barenakedislam.com/2015/11/28/tres-bien-french-ban-on-muslim-headbags-upheld-by-human-rights-court-after-muslim-woman-who-was-fired-because-of-it-loses-appeal/

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Former Prime Minister David Cameron suggested that hijab can be banned in school, courts and other British Institutes, because he thought that gender segregation is harmful to women and religion. For example, women who wore hijab are forced to sit separately during meetings.
Source of Image: http://www.express.co.uk/news/uk/635929/Burka-ban-UK-Muslim-women-will-have-to-remove-face-veil-for-officials

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Case Law:

1.  R (on the application of SB) v Headteacher and Governors of Denbigh High School [2005] 2 All ER 396

Textbook:

1. C Wild and S Weinstein, Smith & Keeman's English Law (16th edn, Pearson, 2010)

2. J Wadham, H Mountfield and A Edundson, Blackstone's Guide to The Human Rights Act 1998 (3rd edn, Oxford, 2003)

Legislation:

1. European Convention on Human Rights​

2. Human Rights Act 1998

News Article:

1. http://www.telegraph.co.uk/news/religion/12106833/David-Cameron-I-will-back-schools-and-courts-which-ban-face-veils.html

2. http://standofpoint.blogspot.co.uk/2015/12/italian-minister-refuses-to-ok-hijab-ban.html

Image:

1. http://www.huffingtonpost.co.uk/2013/04/22/christian_0_n_3130730.html

2. http://www.nairaland.com/3357892/cuteness-overload-young-girls-hijab/1

3. http://www.express.co.uk/news/uk/635929/Burka-ban-UK-Muslim-women-will-have-to-remove-face-veil-for-officials

4. http://www.telegraph.co.uk/news/religion/12106833/David-Cameron-I-will-back-schools-and-courts-which-ban-face-veils.html

5.  http://www.barenakedislam.com/2015/11/28/tres-bien-french-ban-on-muslim-headbags-upheld-by-human-rights-court-after-muslim-woman-who-was-fired-because-of-it-loses-appeal/

6. https://www.pinterest.com/pin/167899892339268250/

7.  http://www.hijabiworld.com/latest-new-abaya-pictures-ideas/

8. http://www.bolosuch.com/new-designs-of-salwar-kameez.html

9. https://www.pinterest.com/pin/286893438736727358/​

10.  https://entertothematrix.wordpress.com/2012/09/17/12025/

11.  https://entertothematrix.wordpress.com/2012/09/17/12025/

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OPINIONS TOWARDS BANNING HIJAB IN OTHER COUNTRY- ITALY​[1]

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OPINIONS TOWARDS BANNING HIJAB IN OTHER COUNTRY- ITALY​[1]

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Italy’s ex-Minister of the Interior Roberto Maroni has strongly refused to sign on a decree banning the Islamic female headscarf, known as hijab.​

Italy’s ex-Minister of the Interior Roberto Maroni has strongly refused to sign on a decree banning the Islamic female headscarf, known as hijab.​

“If the Virgin Mary appears wearing a veil on all her pictures, how can you ask me to sign on a hijab ban law?” he has been cited as saying.​

Italian parliamentarians have suggested that wearing the Islamic headscarf in public places bears a criminal responsibility.​

In 2004, local politicians in the country’s north evoked old public order laws against the wearing of masks. The push meant to justify efforts to stop Muslim women from wearing the burka’, a cover-all headdress.​

[1] http://standofpoint.blogspot.co.uk/2015/12/italian-minister-refuses-to-ok-hijab-ban.html

Source of Image: https://www.pinterest.com/pin/167899892339268250/