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Talk to an Expert| Category | Assignment | Subject | Law |
|---|---|---|---|
| University | City St George's, University of London | Module Title | LU3131 Law of the European Convention of Human Rights |
| Word Count | 2000 |
|---|
| Module Code | LU3131 |
|---|---|
| Module Name | Law of the European Convention of Human Rights |
| Assessment Component | 2 out of 2 |
| Grade Weighting | 75% |
| Summative Assessment Type | 6-hour examination (submitted on Moodle) |
| Maximum Word Limit | 2000 |
YOU MUST NOT PUT YOUR NAME OR STUDENT ID ANYWHERE IN THE BODY OF THE FILE OR TITLE OR YOU MAY INVALIDATE THIS ASSESSMENT
Ms A is a secondary school teacher employed at a state school. She is a practising Muslim and wears a headscarf (hijab) as part of her religious observance. The school introduced a revised dress code requiring “strict religious neutrality,” which prohibits all visible religious symbols for teaching staff. Ms A refused to remove her headscarf and was dismissed. Her claim of religious discrimination and unfair dismissal was rejected by the domestic courts, which upheld the school’s policy as justified.
Following her dismissal, Ms A posted a series of comments on her personal Facebook account criticising the school’s policy as discriminatory toward religious minorities; these posts were widely shared. The school complained to the local authority, leading to her prosecution under public order legislation prohibiting “grossly offensive or disorderly expression likely to cause public disruption.” She was convicted and fined. Her appeals to the Crown Court and the Court of Appeal were unsuccessful.
Ms A’s child, who attends the same school, was required to participate in a compulsory Personal, Social, Health and Economic (PSHE) education programme, including Relationships and Sex Education (RSE). The curriculum covers topics such as same-sex relationships, gender identity, and sexual autonomy, and is delivered without any possibility of parental withdrawal from certain modules. Ms A objected on religious grounds, but the school refused to grant any exemption.
At the same time, the school shared details of Ms A’s dismissal with the press, including her religious practices, her divorce, her child’s attendance at the school, and her objections to parts of the PSHE curriculum. These details were published without her consent, attracting unwanted attention.
Ms A received hostile messages on social media and was approached by journalists outside her home and her child’s school. Neighbours became aware of her situation, parents publicly questioned her suitability to teach, and her child faced teasing and exclusion. The publicity caused significant distress to Ms A and her family.
Advise Ms A on whether she can bring an application before the European Court of Human Rights in relation to the above facts, and on the prospects of success of such an application.
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