Wednesday, February 11, 2009

Being forced to remove a headscarf

In a recent Canadian sexual assault case, a Muslim woman was forced to remove her headscarf while being questioned by the defense counsel.

The judge writes,

In investigating just how important a belief this was, it came down to her candid admissions that it was a matter of her being `more comfortable' and to me that really is not strong enough to fetter the accused's rights to make full answer and defence

The judge should be suspended, and the defense attorney should be debarred.

Even if it's not a purely religious belief, it's still very disturbing that a woman in such an uncomfortable situation would be forced to bear it in an even more uncomfortable manner. The judge was failing to observe that religion is not what the law is really designed to protect; it's customs and personal convictions. The defense attorney should have known better than to put a witness in this position.

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