The Limited Times

Now you can see non-English news...

Haifa District: The use of the Nationality Law in the rejection of Arab students is fundamentally wrong - Walla! news

2021-02-04T08:07:17.299Z


The president of the court sharply criticized the ruling of the Magistrate's Court against the demand of the Carmiel children to receive a refund for travel to a school outside the locality, which was based on the Basic Law. "The manner in which he used the law could damage public trust," he said. Because they studied in unofficial institutions


  • news

  • News in Israel

  • Criminal news and law

Haifa District: The use of the Nationality Law in the rejection of Arab students is fundamentally wrong

The president of the court sharply criticized the ruling of the Magistrate's Court against the demand of the Carmiel children to receive a refund for travel to a school outside the locality, which was based on the Basic Law. "The manner in which he used the law could damage public trust," he said. Because they studied in unofficial institutions

Tags

  • Carmiel

  • Nationality Law

  • Arabs

Yoav Itiel

Thursday, 04 February 2021, 07:28

  • Share on Facebook

  • Share on WhatsApp

  • Share on general

  • Share on general

  • Share on Twitter

  • Share on Email

0 comments

  • Ganz: "Israel's security in danger, I will no longer compromise on law ...

  • For the second time in a day: Thousands at the funeral of a senior rabbi ...

  • Five arrested in demonstrations against lack of enforcement in Umm ...

  • The court allowed the name of Yuval Carmi the psychologist to be published ...

  • Suspicion of assassination in Sharon: Her body was found at the scene of a car explosion ...

  • The doctor who was injured in Tamra: policemen shot me, I shouted that I was a doctor ...

  • Shira Iskov in the Knesset: Plea arrangements do not take into account the fear of ...

  • More than two million Israelis have been vaccinated against Corona; ...

  • Two young men were killed in an exchange of fire with the police in the Galilee, including ...

  • Thousands at the funeral of the student who was killed in Tamra;

    road...

  • Brother of the slain in Tamra: he was in the wrong place, ...

  • Bites, kicks and slaps on the wall: Documentation of a man attacking ...

In the video: Results of the vote on amending the Nationality Law (Photo: Knesset Channel)

The Haifa District Court ruled yesterday (Wednesday) that the use made of the Nationality Law in rejecting the claim of the Arab students from Karmiel is "fundamentally wrong."

The president of the court, Justice Ron Shapira, clarified that the Magistrate's Court ruling on the payment of students' travel expenses to schools outside the locality was incorrect, both by tying the Basic Law to clarify disputes in proceedings while the parties did not mention it, and in interpreting the law and applying its provisions.

However, the judge denied the students' appeal for other reasons.



In Carmiel there are hundreds of Arab students, some of whom study in the city and some of whom go to nearby localities.

In 2018, a lawsuit was filed against the municipality on behalf of an 8-year-old elementary student and a 4-year-old kindergarten student, demanding that travel expenses be reimbursed to nearby localities so that they can learn Arabic, their mother tongue, a possibility that does not exist in their city.

More on Walla!

NEWS

In a decision that went under the radar, Justice Amit neutralized a side charge of the Nationality Act

To the full article

Read more about the Nationality Law

  • Those who want to discriminate against Arabs are not waiting for the High Court ruling on the Nationality Law

  • The High Court hears petitions against the Nationality Law: "Make an effort to preserve the value of equality"

  • Every day, about 50 Israelis have a heart attack: the medical service that will save your life

The public storm has reached the district.

Haifa Courthouse (Photo: Official website, no)

In the Krayot Magistrate's Court, Senior Registrar Yaniv Luzon dismissed the lawsuit on several grounds, dismissing their allegations of discrimination, stating that "Carmiel is a Jewish city designed to establish Jewish settlement in the Galilee, and establishing an Arabic-language school or funding transportation for Arab students to The demographic balance and harm the character of the city. "



Luzon referred to the Nationality Law and stated that the development and establishment of Jewish settlement is a national value enshrined in the Basic Law, which should form a significant part of the municipal consideration system, including regarding the establishment of schools and policy-making.

He ordered them to pay NIS 2,000.



The decision provoked a public outcry.

The Knesset Committee on the Rights of the Child, chaired by MK Yosef Jabarin, held a special hearing, to which representatives of the Carmiel Municipality, the Ministry of Education, the Ministry of Justice, the Local Government Center, the National Parents' Leadership Center, Adalah Center, Musau Center, Courts Administration, Mishmar The Keren Avraham, the Center for Jewish Pluralism and the National Council for Child Welfare.



The Standing Together movement held a march and rally in Carmiel, in which speeches were made in protest of the decision. Attorney General Avichai Mandelblit noted that this was a "wrong constitutional interpretation of the Nationality Law." Because the law should not be repealed in its wake, but the Registrar's determination in the reply to the High Court must be appealed, against a request to attach the judgment to the petition against the Nationality Law.

The criticism was voiced, the appeal was dismissed

Judge Ron Shapira dismissed the students' appeal of Registrar Luzon's decision, saying there was no reason to fund the transportation in this case.

However, he stated that the ruling should be clarified and errors made in it corrected, while mentioning that "there was no room to add to the Carmiel municipality policy considerations that the municipality does not claim, did not base on and even disapproves of them clearly and unequivocally."



"There was no place in this procedure to discuss the provisions of the Nationality Law and to provoke an irrelevant dispute," he noted.

"Unfortunately the manner in which the Nationality Act was included in the judgment under appeal, without the parties arguing the matter, may give rise to a public feeling that the purpose of mentioning the Nationality Act in the trial court, as stated incorrectly, was not made for the purpose of resolving the legal dispute between the parties. The manner in which the trial court found it appropriate to make use, incorrectly as aforesaid, of the provisions of the Nationality Law may also cause damage to the public's trust in the courts. "



"This component of the judgment is null and void," he stated, adding that "the right of the appellants and their parents to choose education in the Arabic language."

He said that if the parents had enrolled their children for studies outside Carmiel in official educational institutions located in the localities in the inter-locality mapping, including Ba'ana and Rama where they were registered, they would have been entitled to finance their transportation according to the CEO's circular. Officials, they must bear the cost of their transportation and their choice does not oblige the Carmiel municipality to transport them or finance their travel expenses.

"May cause damage to public confidence in the courts."

Shapira (Photo: Yoav Itiel)

Jaafar Farah, director of the Mossawa Center, did not apologize for the verdict. "It is unfortunate that Justice Shapira did not dare to grant Arab children their right to an equal education, for discriminatory reasons," he told Walla! NEWS. "The ruling seeks to evade a decision to prevent discrimination. The Nationality Law deepens the discrimination, which did not begin with its enactment."



MK Jabarin, chairman of the Committee on the Rights of the Child, said in response that "Arab children in Carmiel, and in all localities, are entitled to an equal and accessible education in their mother tongue. It is unfortunate that Justice Shapira's ruling does not confirm this clear right. "In the ruling that relies on the Racial Nationality Law. We will continue to fight for the rights of Arab citizens and Arab children against racist policies and to repeal the Racist Nationality Law and discriminate against a number of laws."

  • Share on Facebook

  • Share on WhatsApp

  • Share on general

  • Share on general

  • Share on Twitter

  • Share on Email

0 comments

Source: walla

All news articles on 2021-02-04

You may like

Trends 24h

Latest

© Communities 2019 - Privacy

The information on this site is from external sources that are not under our control.
The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.