R (Begum) v Headteacher and Governors of Denbigh High School
[2006] UKHL 15
판결 이유
The right to manifest religion under Article 9 ECHR can be lawfully restricted where the restriction is prescribed by law, pursues a legitimate aim, and is proportionate. The focus should be on whether the interference was justified, not on the decision-making process.
사실관계
A Muslim schoolgirl wished to wear a jilbab to school. The school's uniform policy allowed the shalwar kameez but not the jilbab.
판결 요약
The House of Lords held there was no violation of Article 9. Even if the pupil's rights were engaged, the school's uniform policy was a proportionate means of pursuing legitimate aims including protecting the rights of others and maintaining cohesion.
주요 인용문
"The focus at Strasbourg has not been on whether a particular decision-maker has acted in a way compatible with Convention rights but on the outcome."
— Lord Bingham
후속 처리
Leading authority on Article 9 in the school context.