ABSTRACT

In England and Wales the secondary legislation empowers governing bodies to decide whether or not there should be a school uniform and other rules relating to appearance, and if so, what the dress code should be. Interestingly, although most cases have dealt with Islamic garments, there have also been important decisions concerning religious symbols of other faiths, such as Sikhism and Christianity. Sandberg has highlighted that the historical religion law of the United Kingdom sought to protect Christianity in general while providing other faiths with an increasing degree of tolerance: the new religion law, by contrast, is facilitative, seeking to protect religious freedom mainly as an individual right which needs to be balanced against other rights. The United Kingdom has two official faiths, but the significant development which religious freedom has experienced in these jurisdictions is far more important than the mainly symbolic confessional nature of the State. Religious freedom must be a protective umbrella for believers, atheists and agnostics.