Religious symbols The wearing and adorning of religious symbols in school is the subject of heated debate in many countries. Some symbols such as Muslim dress items and the Christian cross are clearly perceived as religious symbols, even though it is not always clear that the particular religion requires their use. The ECHR has recognised, however, that the definition as to what item of dress is required must be left to the respective religious groups.352 Even if a symbol is recognised as religious, the motivations for wearing these items are diverse. There is potential to use religious symbols as political symbols.353 Often in western countries, the wearing of the burqa is seen as a visible indicator of religious extremism and insufficient integration.354 Also, the religious meaning can be used to justify the oppression of women.355 Conversely, the items can also be worn as a fashion accessory. Since it is difficult to examine the motivation for wearing the symbols, an objective definition is necessary rather than a concentration on motive.356 Wearing of religious symbols in educational institutions by students The right of children to wear religious symbols is an essential part of the right to practice religion. 357 Restrictions may be placed on students’ rights in this regard only where necessary to ensure children’s safety,358 their right to religious freedom and emancipation from unwanted religious doctrinal control,359 undue hardship,360 or (arguably) the 352 Metropolitan Church of Bessarabia and Others v Moldova Application No 45701/99, judgment 31 December 2001 at para 117: “in principle the right to freedom of religion … excludes assessment by the State of the legitimacy of religious beliefs or the ways in which those beliefs are expressed.” 353 McGoldrick Human Rights and Religion: The Islamic Headscarf Debate in Europe at 12. 354 McGoldrick Human Rights and Religion: The Islamic Headscarf Debate in Europe at 15-19. 355 McGoldrick Human Rights and Religion: The Islamic Headscarf Debate in Europe at 13. 356 McGoldrick Human Rights and Religion: The Islamic Headscarf Debate in Europe at 113. 357 Office of the High Commission for Human Rights, General Comment No 22, The Right to Freedom of Thought, Conscience, and Religion (Art 18): 30/07/93 (CPR/C/21/Rev.1/Add.4, 48th Session 1993 at para 4. In the General Comment written by the High Commissioner for Human Rights on the right to freedom of thought, conscience and religion, the report confirms that the right to manifest religion extends to the “wearing of distinctive clothing or head-covering”. 358 United Nations Economic and Social Council 62nd session E/CN.4/2006/5.Add.4 8 March 2006, at paras 54 -55. 359 The French law described above was instituted to provide an opportunity especially for young French women to emancipate themselves from wearing religious garb - United Nations Economic and Social Council 62nd session E/CN.4/2006/5.Add.4 8 March 2006, at para 56. 360 Ontario Human Rights Commission’s Policy on Creed and the Accommodation of Religious Observances states that, short of undue hardship, a school or organization has a duty to accommodate a person’s religious head-covering. 120