Judgment No. CCZ 7/16 3
Const. Application No. CCZ 17/15
insisting that their daughters were required to attend chapel and that, if they failed to
comply, they would be deemed to have been voluntarily withdrawn and removed from
the School. On 19 March 2015, after the girls refused to attend chapel and surrendered
their books, they were told to go home. The applicants then filed an urgent application to
the High Court in Case No. 2717/15. Following a consent order granted on
27 March 2015, the girls were allowed to continue to attend the School, without being
compelled to attend chapel, pending the determination of the present application.
The applicants aver that freedom of conscience includes the right to
practice and propagate one’s religion as well as the right not to be compelled to subscribe
to any religion. In this respect, the actions of the Headmistress violate their daughters’
freedom of conscience and their right to protection against discrimination on the ground
of religion. Moreover, although any person is entitled to establish and maintain an
independent educational institution, he or she cannot discriminate in the manner in which
the institution is administered. Thus, the conduct of the Headmistress also violates their
daughters’ right to education. The applicants accordingly seek declarators that the
respondents’ actions are in violation of their daughters’ freedom of conscience and
religion, right to protection against discrimination and right to education. They also seek
an order precluding the respondents from refusing the admission of their daughters to
Arundel School on the basis of their religious beliefs and failure to attend chapel.
On behalf of the School, the Headmistress relies upon the standard
enrolment form signed by the applicants upon the admission of their daughters into the