Faced with continuous pressure from UK university teaching staff, the UK Parliament enacted the (fictitious) “Students Engagement Act (Covid-19 Emergency Period)
2021.”
Sections 1 to 4 of the Act provide:
“Section 1. Until the end of the Covid-19 pandemic, UK students must have their cameras switched on during every online engagement with university teaching staff including during tutorials and lectures.
Section 2. Students must position their cameras in a way that allows teaching staff to see the unveiled faces of the students.
Section 3. Students who violate section 1 or 2 without a just cause must be fined £100 for each violation.
Section 4. In this Act, ‘just cause’ includes only medical reasons that are certified by the NHS or an economic inability of the student to buy proper equipment that is certified by the University.”Samira, a second year Sociology student at the University of Loxley wore an Islamic face veil that covered her mouth and nose during her first-year studies at the University. She writes to the Secretary of State for Education asking to be allowed to
continue wearing the Islamic face veil in lectures and tutorials during the Covid crisis. In response, the Secretary writes: “While I sympathize with you, the law is the law.
University education needs to be maintained at a high academic level which requires proper interaction between students and staff even during a crisis time. Without the relevant provisions of the Act this goal would be undermined. If we do not apply the law strictly it will become useless!”
Samira claims that her rights were infringed by the Act.
(i) Discuss the arguments Samira can bring against the Act; AND
(ii) Assume that the arguments raised by Samira are accepted by the High Court,
discuss the remedies that the Court can offer to remedy the infringement
