Muslim learners religion expression through attire in culturally diverse public schools in South Africa: a cul-de-sac?

Abstract

International human rights instruments propose to enhance human rights of all people. Yet, not all countries have ratified these instruments, thus subjecting themselves to their authority. Particular religious groups, e.g. Muslims, view their religious law (Shari’ah Law) as above countries’ bills of rights. Hence, tension ensues when multicultural public schools try to balance human rights with religious dogma. For example, schools’ Code of Conducts comprises a dressing code, which does not allow for religious expression of minority groups such as the Muslim. While acknowledging the cultural diversity in South African public schools, this article focuses on the tension between the different views on human rights of learners from different cultural backgrounds. While focusing on this tension, this article will concentrate only on Muslim learners in South African public schools and the implication for school authorities having to weigh human rights against religious expression through attire.