Despite operating an open system of Government, Britain has banned an Islamic school from segregating boys and girls in what it tagged “sex discrimination.”
The Court overturned a ruling by the High Court last year, which involved Al-Hijrah School, a voluntary aide mixed-sex school in Birmingham, on the basis that the segregation is resulting to unlawful discrimination.
The Judge ruled last year that “There is no evidence in this case that segregation particularly disadvantages women.”
Al-Hijrah has a complete separation of boys and girls in the age range of 9 to 16 for all lessons, breaks, school clubs and trips and this is one of the “defining characteristics” of the school. This policy is public and apparent both to parents of potential pupils and to regulators.
Ofsted, the body that regulate schools in England, appealed against the High Court decision that the School Policy is of separating the sexes from year five does not constitute discrimination on grounds of sex under the 2010 Equality Act.
The ruling will affect 25 other school which have the separation policy.
Giving the ruling, the Master of the Rolls Sir Terence Etherton, Lady Justice Gloster, and Lord Justice Beatson unanimously allowed a challenge by Ofsted’s Chief Inspector Amanda Spielman against Mr Justice Jay’s decision.
Spielman argued that the policy is unlawful as it leaves girls unprepared for life in modern Britain.
The ruling applies only to co-educational schools. Single-sex schools are given a specific exemption from discrimination claims related to admissions under the Equalities Act, although it is unclear if the provisions would extend to arguments that both sexes suffer from the absence of the other.
The Ofsted main argument is that separating the girls from the boys will lead to sexual discrimination, yet there is no evidence or point that a discriminatory act is being carried out.
According to Dictionary.com, discrimination means
treatment or consideration of, or making a distinction in favor of or against, a person or thing based on the group, class, or category to which that person or thing belongs rather than on individual merit.
The children have not been reported to have closed at different times or given any separate treatment, likewise, there is no report of white students, given favourable treatment than blacks in the school.
Schools such as Al-Hijrah is trying to prevent free mixing that may lead to sexual molestation, harassment amongst others, they argue.
Aside following the Islamic injunctions of separating boys and girls before puberty, the school is also ensuring proper grooming and self-reliance.
