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Muslim veil 'allowed in courts' | Muslim veil 'allowed in courts' |
(about 3 hours later) | |
Muslim women will be allowed to wear a veil in court under new guidelines issued following a dispute last year. | Muslim women will be allowed to wear a veil in court under new guidelines issued following a dispute last year. |
The Judicial Studies Board's Equal Treatment Advisory Committee examined whether women should be allowed to wear the full facial covering, the niqab. | The Judicial Studies Board's Equal Treatment Advisory Committee examined whether women should be allowed to wear the full facial covering, the niqab. |
Decisions should be made on each case and veils should not interfere with the administration of justice, it found. | Decisions should be made on each case and veils should not interfere with the administration of justice, it found. |
It follows the adjournment of a case in Stoke-on-Trent, Staffs, after a legal advisor refused to remove her veil. | It follows the adjournment of a case in Stoke-on-Trent, Staffs, after a legal advisor refused to remove her veil. |
Judge George Glossop said he was having difficulty hearing legal executive Shabnam Mughal at the immigration court in November. | Judge George Glossop said he was having difficulty hearing legal executive Shabnam Mughal at the immigration court in November. |
We respect the right to wear the niqab as part of religious beliefs, although the interests of justice remain paramount Mrs Justice Cox, Committee chairwoman | We respect the right to wear the niqab as part of religious beliefs, although the interests of justice remain paramount Mrs Justice Cox, Committee chairwoman |
The guidelines say forcing a woman to choose between her religious identity and taking part in a court case could have a "significant impact on that woman's sense of dignity" and could serve to "exclude and marginalise" her. | The guidelines say forcing a woman to choose between her religious identity and taking part in a court case could have a "significant impact on that woman's sense of dignity" and could serve to "exclude and marginalise" her. |
Committee chairwoman Mrs Justice Cox said: "We respect the right for Muslim women to choose to wear the niqab as part of their religious beliefs, although the interests of justice remain paramount." | Committee chairwoman Mrs Justice Cox said: "We respect the right for Muslim women to choose to wear the niqab as part of their religious beliefs, although the interests of justice remain paramount." |
She said a judge may consider taking action to allow a fair hearing for women wearing a niqab and others in proceedings. | She said a judge may consider taking action to allow a fair hearing for women wearing a niqab and others in proceedings. |
The guidelines say if the wearer is a victim it should not be "automatically assumed" that the niqab would create a problem. | The guidelines say if the wearer is a victim it should not be "automatically assumed" that the niqab would create a problem. |
"Nor should it ever be assumed without good reason that it is inappropriate for a woman to give evidence in court wearing the full veil." | "Nor should it ever be assumed without good reason that it is inappropriate for a woman to give evidence in court wearing the full veil." |
It is heartening to see the courts base their guidelines on the merits rather than on intolerance and prejudice Massoud Shadjareh, Chairman, Islamic Human Rights Commission | |
Any request to remove a veil should be considered carefully and be "thoughtful and sensitive" and the courtroom could be cleared of those not involved in the case for her proceed. | Any request to remove a veil should be considered carefully and be "thoughtful and sensitive" and the courtroom could be cleared of those not involved in the case for her proceed. |
Judges should assume female Muslim lawyers are entitled to wear the veil, the guidelines say. | Judges should assume female Muslim lawyers are entitled to wear the veil, the guidelines say. |
A judge may consider excusing a juror if a challenge is made by one of the parties, providing the objection is genuine. | A judge may consider excusing a juror if a challenge is made by one of the parties, providing the objection is genuine. |
The Islamic Human Rights Commission said it welcomed the guidelines. | |
Chairman Massoud Shadjareh, said: "In the climate of Islamophobia we live in, it is heartening to see the courts base their guidelines on the merits rather than on intolerance and prejudice." |