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The High Court ruled: The Kiryat Arba municipality will allow joint bathing in the municipal pool
The judges granted the petition of the residents requesting shared bathing hours for women and men.
Judge Amit ruled that this was a public resource and that the local council should act to allocate pool hours equally.
"The ban on family bathing forces gender segregation in a way that is inconsistent with their lifestyle"
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Kiryat Arba
Daniel Dolev, Yanir Jagana and Maya Horodnitzano
Wednesday, 07 October 2020, 12:46
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Edited by Itai Amram
The High Court ruled today (Wednesday) that Kiryat Arba will be charged to allocate 12 hours a week in a shared bathroom between men and women in the municipal pool Following a petition by residents. Thus rejecting the municipality's position, which sought to conduct a separate bathing only.
Judge Yitzhak Amit emphasized in his judgment that the pool is A public resource and that the local council must act reasonably, fairly and equitably in allocating pool hours as a public resource available to the residents of the authority.
In addition, it stated that it must act faithfully to the entire public, especially considering petitioners represent a significant minority Taxes to the local council and are entitled to enjoy equal access to the public resources and services provided by the council.
More on Walla!
NEWS
The battle for the pool: In Kiryat Arba, the joint bathing was canceled, the residents petitioned the High Court again
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Residents' protest for a joint bath in Kiryat Arba
Justices Ofer Grosskopf and Anat Baron joined the position of fellow judge.
He added that "the requirement for bathing in gender segregation entails a distinction on the grounds of gender," and that "such a requirement is contrary to the basic premise that public service, certainly one provided by a public authority, should be provided on the basis of gender equality and without regard to the recipient."
He said, "Although the law allows in certain circumstances to meet this requirement in relation to bathing in public pools, but this as a limited exception and while preserving the rights of the public who wish to receive the service without distinction for gender reasons."
Justice Baron wrote in the ruling that "the council's decision to force bathing in segregation of all residents violates petitioners' basic rights - including the right to equality, autonomy of the individual and the right to religious freedom, which are fundamental values in any democratic regime. "Only that it will be possible to bathe separately in the pool - but even if the minority is completely denied the possibility of mixed bathing, for reasons of modesty."
Redemption of the right to equality.
High Court hearing (Photo: Reuters)
"On the one hand, there is and can not be any disagreement about the freedom of religion and worship given to the residents of Kiryat Arba, who constitute the majority in the locality," Baron wrote.
"At the same time, every person has the right not to observe religious observance or halakhic instructions. This is the right to freedom of religion, and it has long been recognized as a basic human right. "I went for gender segregation in a way that is inconsistent with their way of life, worldview and personal will; and therefore the compulsion of bathing in segregation entails a real violation of the petitioners' right to dignity."
"We wanted a compromise without the High Court"
Lisa Tsarm of the petitioners said after the ruling that "we tried in every way possible not to reach this situation, in the previous court hearing we were willing to reach a compromise to end the whole story with a good approach. We believed that agreements could be reached without a High Court decision. Council.
The pool has been closed for a long time before the corona, a kind of collective punishment in which the entire public is harmed.
I expect the mayor to act in adulthood and not let his personal beliefs dictate the tone. "
About two years ago, some residents of the campus petitioned the Supreme Court, arguing that the pool does not allow hours for mixed swimming, which does not require separation. Kiryat Arba allow several hours Login families, three times a week, the court ruled that removed the petition, but nonetheless ruled that the municipality will incur court costs, and validated the agreement between the parties.
the petitioners argued then that the pool is indeed open to families, but only one month after Then closed again.
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