Of headscarves and heresies: the Denbigh High School case and public authority decision-making under the Human Rights Act

Considers the potential impact of the Court of Appeal ruling in R. (on the application of Begum (Shabina)) v Denbigh High School Governors on public authorities' duties under the Human Rights Act 1998 s.6. Outlines the background to the case, which considered whether a school's exclusion of a Muslim pupil for wearing a jilbab infringed the European Convention on Human Rights 1950 Art.9 and the guidance given by Lord Justice Brooke on the decision making process to be followed by the school. Criticises the court's application of the proportionality test when assessing whether a breach of Art.9 was justified and reflects on the dangers of its apparent translation from a strictly judicial context to one involving public authority decision makers as a whole.