A Veiled Threat to Children's Rights? Religious Dress in Schools and the Rights of Young People

Abstract

Examples abound, outwith Scotland, of pupils attending state schools who want to dress in a particular way for religious reasons and finding themselves in conflict with the state or school authorities as a result. The stage is set for disputes with implications for children’s rights, parental rights, the rights of interested third parties, religious freedom, freedom of expression, access to education and the delicate balancing of rights and responsibilities. Drawing on the evolving jurisprudence in Canada, Europe and the United States, this article examines the reasons advanced by the authorities to justify attempts to restrict the rights of these young people to manifest their religion and how courts have responded. Since the issue has yet to come before a Scottish court, there is the opportunity to examine it through the lens of comparative law, unencumbered by the facts peculiar to any single domestic case, and to suggest a way forward in the domestic arena.