Burqas and Niqabs in the courtroom: Finding practical solutions

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Abstract

Courts from around the common law world have been required to decide whether a witness may give evidence while wearing a burqa or niqab. In the majority of documented cases the court has determined that the witness must remove her face covering. In coming to this conclusion the court has in many instances also considered alternative arrangements which may be put in place to minimise the witness’s discomfort and respect her religious beliefs as far as possible. This article analyses the existing case law to determine which practical solutions considered by the courts are the most effective both in terms of respecting the witness’s religious beliefs and in facilitating the administration of justice. It concludes that the removal of non-essential men and/or the screening of the witness along with ancillary orders, offers the best compromise for all concerned.
Original languageEnglish
Pages (from-to)225-243
JournalAustralian Law Journal
Volume91
Issue number2
Publication statusPublished - 2017

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