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Teachers backed over Muslim dress
06 January 2007
He will back the now famous decision of a Luton school to stop Muslim girl Shabina Begum from wearing a jilbab - a long loose gown - to class.
The Law Lords last year ruled that the school had been justified in its decision and Lord Falconer will argue that the headteacher had combined both common sense and human rights.
He is expected to tell the National Association of Headteachers' annual conference in Bournemouth that human rights are not at odds with common sense.
Human rights are based on freedom, equality, tolerance and respect, and are not some European initiative but truly British in nature, he will say.
The Lord Chancellor will argue that headteachers who act properly in response to issues such as those raised in the Begum case should not fear a legal challenge under the Human Rights Act.
This is simply because in the Begum case a common sense decision had been made.
But Lord Falconer will state that it is important for schools to weigh up the needs and sensitivities of the local community when drafting policies on issues such as school uniforms.
A year ago the Law Lords backed the decision by Denbigh High School in Luton, Bedfordshire, to ban Ms Begum from wearing the jilbab.
She had won an earlier ruling at the Court of Appeal that her human rights had been violated when she was told by a teacher to go home and change into a uniform approved by the school.
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