Mother demands €10.000 from Dutch public school for class photo during Muslim Holiday
An Islamic mother demands €10.000 in damages and an apology of the school because the school planned the yearly class photo moment during the Eid al-Adha, or Sacrifice Feast, a Muslim holiday that is not recognized as a public holiday in the Netherlands. Her 2 daughters could not join their class on the photograph.
"Do you have any idea what it's like when your 5 year old daughter, upon entering the class room every day, looks at the class photo and asks 'Mommy, why am I not on this photo?' You can't explain this to a kid", the mother sobbed during a court session yesterday.
According to her lawyer, Laura Zuydgeest, this case is a textbook example of discrimination. "By organizing the photo moment during a Muslim religious holiday Muslims are specifically impacted. The school has the obligation to do everything they can to reschedule the appointment with the photographer. Despite the fact that the school had 2 weeks to accomplish this, this hasn't happened."
The school board, while acknowledging that the planning wasn't ideal, claimed yesterday that the photographer could not possibly reschedule due to a busy agenda. Instead the school decided to plan the photo moment first thing in the morning so Muslim kids, who were authorized to have a day off by the school, could join the photo moment before going home to celebrate the Sacrifice Feast. The majority of the Muslims took that offer. The mother did not comply because she, her husband and her kids, were present in the mosque for the traditional morning prayer.
For the students who were not present during the official photo moment the school organized another photo moment 3 weeks later. This picture, where the kids of the claimant/plaintiff were present, has been distributed to all parents free of charge.
The claimant claimed she was never informed about this. On top of this she considers the offered alternatives insufficient to compensate for the discrimination she suffered based on her religious beliefs. The judge yesterday agreed with this reasoning: "I don't think the school took enough action to cancel out the discrimination charges by planning the photo moment on the Muslim holiday".
She pointed out that the school insufficiently proved that the photographer could not possibly reschedule. The alternative photo moment 3 weeks later is a 'nice gesture', but still not a 'professional picture', consider the deputy principal took the picture. "U have minimized the difference between Islamic and non-Islamic children with this gesture, but you did not nullify it. In this case the claimant her honor/dignity was harmed." The judge did indicate that, if she does not alter her provisional decision, the damage claim would be significantly lower than €10.000.
She wants to give the involved parties 1.5 weeks extra to come to an agreement outside of court. The odds of that happening are slim. The mother does not want to enter in a dialogue with the school board anymore. The situation has escalated to the point that the mother moved her kids to a different, Islamic, school.
The school board considers her damage claim of €10.000 disproportional. According to the mother it's not at all about the money, but about 'equal opportunity'. "Especially when it concerns children. I hope the school learns from this incident." If both parties do not agree to a compromise the court will decide on June 12.