• news

• Opinions and interpretations

Neither the government nor the police: the protesters must also take responsibility for health

Freedom of expression and freedom of religion are basic human rights, but the comparison between them is not appropriate.

While the government is in a built-in conflict of interest, the ideal solution to the demonstrations is in the hands of protest organizers

Tags

• democracy

• Government of Israel

• Knesset

• Demonstrations

• Corona virus

• General closure

Liron Liebman

Friday, 25 September 2020, 22:37

• Share on Facebook

• Share on WhatsApp

• Share on general

• Share on general

• Share on Twitter

• Share on Email

0 comments

• Netanyahu: "The plague is expected to take a very heavy toll on my life ...

• "Games in the Death of People" - The Constitution Committee discusses ...

• 4 wounded from stab wounds in Paris, background checked 25.09.2020

• Suspicion of attempted murder: A 35-year-old man was shot in Jaffa and evacuated in a situation ...

• The Navy and the Ministry of Defense successfully performed an experiment in the system ...

• Thousands demonstrate near the prime minister's residence in Jerusalem against corruption ...

• Corona outbreak at the Beit HaZayit nursing home in the kibbutz ...

• A girl documents herself leaning out of a passenger car window

• The Knesset discusses the approval of the closure restrictions: "We are engaged all day ...

• SOUTH KOREA: North kills government officials and burns the ...

In the video: Demonstration against Prime Minister Benjamin Netanyahu, in front of his residence in Balfour (Photo: Roni Kanfo)

At the end of a heated debate that lasted until the wee hours of the night, the government decided on Thursday to tighten the closure, including reducing the possibility of public worship inside synagogues, with much of the debate revolving around limiting demonstrations.

Putting the demonstrations in front of the prayers probably serves political interests in exaggerating the discourse, but is riddled with inaccurate claims from both sides.

Let's start with the basics.

Both freedom of expression and freedom of religion are fundamental human rights.

Neither is more important than the other.

Both rights are not limited to personal expression, and include the right to express belief or opinion together with others, in public prayer or in a demonstration.

However, both are not absolute rights and can be restricted by law, if necessary in a democratic state to protect an important public interest, including public health.

Since the public health concern is due to the gathering itself, it was possible to impose identical restrictions on the gathering for any purpose - so there was no fear that the government would prefer certain activities for foreign reasons.

However, the government chose to take a different approach, according to which the restrictions were "tailored" according to the type of gathering.

More on Walla!

NEWS

• With chairs and keeping distance: about a thousand demonstrators outside the Prime Minister's residence in Jerusalem

• Spokesman: The demonstrations will be limited to 2,000 people, the closure of the economy is not a legal condition for restrictions

• The general closure will take effect tomorrow at 2:00 PM: this is what the prayers and demonstrations will look like

• 5 things that must be done soon when entering a new and empty apartment

The restrictions were "sewn" according to the type of gathering.

Protest near the Netanyahu family home in Caesarea (Photo: Niv Aharonson)

This is an approach that can be justified by a desire to adapt the response to different needs.

But one who enjoys the possibility of praying in a closed structure, which has not been conferred on other congregations, cannot complain that demonstrations also have characteristics that justify another unique solution.

Indeed, special caution is required in restricting the right to demonstrate because of the identity of the potential limiter, the government, which is in a built-in conflict of interest.

While the government restricts congregations for prayer, it is difficult to argue that this is due to an anti-religious attitude or foreign considerations.

After all, the ultra-Orthodox parties are members of the government, and as is well known, the traffic light plan was approved only after changes were made to it at their request.

Protesters against the government, on the other hand, have no representation in the government, and there is concern that the corona crisis may serve as an excuse to silence criticism of its functioning.

More on Walla!

NEWS

The Netanyahu demonstration-equal-prayer equation is a vicious lie that will cost us dearly

To the full article

A closer comparison to the right to demonstrate should not be the right to pray, but the exclusion of the Knesset, the judiciary, the state comptroller and the president.

Regulations restricting the operation of places (government offices, workplaces, businesses) under the Corona Act, do not apply to these institutions.

This is not because they are more important than others, or because epidemiologically the chances of infection are lower, but because of the special risk of allowing the government to restrict the activities of the institutions that oversee and criticize it.

The law further stipulates that the CEO of any such institution will give guidelines to minimize the spread of the virus can occur. This effect was maintained autonomy of the institution without giving up the struggle against the virus.

The difficulty lies demonstrations inherently different institutions with a hierarchical structure. Multitude of organizations and protesters unorganized making it difficult for Possibility of internal regulation It is important that the organizers of the demonstrations call on the protesting public to wear a mask and maintain the requirements of physical distance, but it is clear that they have no possibility of enforcing this.

to take responsibility.

Demonstration on chairs in the distance in Jerusalem, last night (Photo: Yonatan Zindel, Flash 90)

On the other hand, police enforcement in the demonstrations raises concerns that it may be intended to deter the public from demonstrating against the government, and recordings released by Internal Security Minister Amir Ohana, who pressured the police to act to suppress the demonstrations, increase this concern.

The ideal solution could be for the organizers of the demonstrations and the participating public to take responsibility for public health as well.

In the age of social media, demonstrations of twenty participants on 500 sites can resonate no less than a demonstration of ten thousand participants in one site.

While some protest organizations have acted in this spirit, others have refrained from doing so and there may be no escape from external restrictions on demonstrations due to the high morbidity and overcrowding in hospitals.

Such a restriction must be made in regulations under the Corona Law, and if it is required to be amended (to limit the distance allowed to leave the house in order to demonstrate) - this must come to the Knesset.

Such a restriction will also be subject to judicial review by the High Court. These are necessary security measures to protect our political rights from the government. Bypassing this outline in emergency regulations is a dangerous and unreasonable idea. The

• Share on Facebook

• Share on WhatsApp

• Share on general

• Share on general

• Share on Twitter

• Share on Email

0 comments