A school's refusal to allow a 15-year-old Muslim girl to wear traditional religious dress in the classroom was "a denial of her right to education and right to manifest her religious beliefs", the High Court was told.
Shabina Begum has been out of school since September 2002, when she was sent home after arriving for classes at Denbigh High School, Luton, in the jilbab, a long, flowing gown covering all her body except hands and face.
In court she was dressed in a blue jilbab as her solicitor-advocate Yvonne Spencer argued at the High Court in London that the school's refusal amounted to "constructive exclusion" and breached both domestic law and the European Convention on Human Rights.
Ms Spencer told Mr Justice Bennett: "Her access to education was frustrated. It became impossible for her to enter the school unless she breached her religious beliefs."
Denbigh, a 1,000-pupil comprehensive where almost 80% of pupils are Muslim, maintains it has a flexible school uniform policy which takes into account all faiths and cultures and is not acting in a discriminatory manner.
Pupils can wear trousers, skirts or a shalwar kameez, consisting of trousers and a tunic.
Originally, she wore a shalwar kameez to school, but her deepening interest in her religion led to her wearing the loose, ankle-length jilbab which completely covers the female form apart from hands and face.
When she turned up for the first day of the new school year in September 2002, Shabina, who wants to become a doctor, was told she had to go home and change.