Women wins right NOT to wear hijab.
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  Women wins right NOT to wear hijab.
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Author Topic: Women wins right NOT to wear hijab.  (Read 1179 times)
afleitch
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« on: November 17, 2005, 01:16:43 PM »

http://www.timesonline.co.uk/article/0,,13509-1875359,00.html

'Samira Haddad, 32, won her case against the Islamic College of Amsterdam, which insists that all Muslim women wear the hijab. The secondary school rejected her for a job after she said in an interview that she did not wear it.

The country’s Equality Commission ruled in Ms Haddad’s favour, saying that the college had illegally discriminated against her on the ground of her religion and that it could not legally compel Muslim women to wear headscarves'

'Ms Haddad complained to a local anti-discrimination body, but the school cited the Koran in its defence. She then took the case to the Equality Commission, which decided that the Koran was not legally binding in the Netherlands.'

The system works:)

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minionofmidas
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« Reply #1 on: November 17, 2005, 01:19:35 PM »

Yep, good verdict.
I'd hope on the same amount of sense from German courts who have to decide on women's rights to wear one.
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Democratic Hawk
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« Reply #2 on: November 17, 2005, 01:30:04 PM »

Good Smiley

Dave
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John Dibble
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« Reply #3 on: November 17, 2005, 02:14:55 PM »

I have to disagree that this is a good thing. The college sounds like a private school, and as a private entity should be able to set their own dress code. If it's a public school(doubt it, given the name) then the ruling is probably the correct one.
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Emsworth
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« Reply #4 on: November 17, 2005, 06:49:01 PM »

I agree with John Dibble. Private institutions should be able to implement whatever dress codes they desire. The hijab is merely a part of the student's "uniform" in this case.
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freek
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« Reply #5 on: November 17, 2005, 07:07:41 PM »

I have to disagree that this is a good thing. The college sounds like a private school, and as a private entity should be able to set their own dress code. If it's a public school(doubt it, given the name) then the ruling is probably the correct one.
It is private. Usually* they are allowed to set their own dress code.

However, Ms Haddad would have been forced to wear a headscarf because she is Muslim. Would she have been Christian, then the school would allow her to choose. The school employs more female Christian teachers. This inequality between Muslim and Christinian is what the Equality Commission deems illegal.


* The Dutch education system has both private and public schools. Most private schools are 'standard' Catholic or Protestant, Islamic schools are on the rise, and a range of other flavours also exist. Private schools have a constitutional right to be equally funded when compared to public schools. When a group of parents can show that they are enough students in an area to found a school of a type which doesn't exist in that area already, the government is forced to fund such a school.

Public schools have to accept every child who applies for the school. Private schools have the right to refuse them, if they or their parents don't have the right religion. In practice most Catholic and Protestant schools don't refuse anyone. In some urban areas there are Protestant schools without Protestant students. It is hardly visible that these schools are Protestant.

And now to the dress code. Public schools cannot set one. At least not on religious grounds. Some Catholic and Protestant (private) schools with a majority of Islamic students have tried to ban headscarves, for religious reasons. Without success, because courts decided that they were only Christian in name. However, a Catholic school with a more traditional Catholic identity, which also selected their students (they have some Islamic students though) had more success. They were allowed to ban.

Also (for example) more orthodox Protestant schools and Islamic schools are allowed to set such dress codes. As long as they don't discriminate between religions.
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freek
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« Reply #6 on: November 17, 2005, 07:08:37 PM »

I agree with John Dibble. Private institutions should be able to implement whatever dress codes they desire. The hijab is merely a part of the student's "uniform" in this case.
She applied to be a teacher. The students are not the problem in this case.
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Emsworth
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« Reply #7 on: November 17, 2005, 07:11:05 PM »

However, Ms Haddad would have been forced to wear a headscarf because she is Muslim. Would she have been Christian, then the school would allow her to choose. The school employs more female Christian teachers. This inequality between Muslim and Christinian is what the Equality Commission deems illegal.
Thank you for the clarification.

My view, however, is that private entities should be allowed to discriminate on the basis of religion, if they so please.
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John Dibble
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« Reply #8 on: November 17, 2005, 07:19:17 PM »

However, Ms Haddad would have been forced to wear a headscarf because she is Muslim. Would she have been Christian, then the school would allow her to choose. The school employs more female Christian teachers. This inequality between Muslim and Christinian is what the Equality Commission deems illegal.
Thank you for the clarification.

My view, however, is that private entities should be allowed to discriminate on the basis of religion, if they so please.

Indeed, my view here hasn't changed.


By the way, the fact that they named it the "Equality Commision" kind of freaks me out - I always hate it when they name these things in a way that if you question their actions you're somehow in the wrong. Kind of like the PATRIOT Act or No Child Left Behind.
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