The decision in R v D is discussed against the framework of article 9 of the European Convention of Human Rights and concludes that the requirement that it was neither necessary nor proportionate to place a precondition on the defendant in R v D that she removed her veil if she wished to testify in her own defence.Īn open access version of this output is available by following the URI ![]() The article considers whether the popular approach of placing the need to see the 'demeanour' of a witness above the right of that witness to manifest her religion is properly founded. It reviews the approach of the courts in England and Wales to this issue cul-minating in the decision of R v D in September 2013 and compares this to the approach of other common law jurisdictions. The Niqaab and the Myth of Pinocchio's Nose: Is the Niqaab an Impediment to Fact Finding in an Adversarial Trial? An Analysis of R v DĪbstract: This article considers the current state of the law in respect of Muslim women who wish to wear the Niqaab while appearing in court. ![]()
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