The face of the discrimination law: how will the law be affected after the coalition agreements with religious Zionism? - Walla! news

In video: Benjamin Netanyahu (Photo: Prime Minister's Office)

The coalition agreement between the Religious Zionist Party and the Likud contains a small section with great significance.

According to section 36 of the coalition agreement, and as published by Michael Shemesh in the "Kaan" broadcasting corporation - the anti-discrimination law, which prohibits discrimination in the provision of services or the sale of products by private business owners, will be amended so that it allows discrimination based on religious belief.

The great significance of the law It is that discrimination against LGBTs, Arabs, women and any other person will be allowed, on the grounds of religious belief.

Although it is not clear now whether the amendment to the law will apply to a religious community recognized by the law, so that not every religious belief will be protected against discrimination, but it is clear that the introduction of a clause that allows discrimination for this reason will make it even more difficult to use the law and be protected from discrimination.

According to the Walla!

In the "Nevo" legal database, during 2022, 77 petitions regarding the law prohibiting discrimination in the provision of services and the sale of products were discussed.

A claim that a doctor should not be forced to provide medical treatment that contradicts his religious beliefs.

Stroke (Photo: Reuven Castro)

Among the rulings can be found the ruling of the Supreme Court that allowed a class action lawsuit to be filed against the Laniado Hospital, which did not provide fertility treatments to unmarried women for religious-halachic reasons.

The ruling takes effect in view of the fact that MK Orit Struck from the religious Zionism said yesterday that it is forbidden to force a doctor to provide medical treatment that contradicts his religious beliefs.

In the context of the Law Prohibiting Discrimination in Services and Products, the court did state that "the Law Prohibiting Discrimination in Products does not apply, in the toilets and at the entrance to entertainment places and public places about health and medical services;

The prohibition of discrimination in these areas is regulated under the Patient's Rights Law." However, the Supreme Court also clarified that "Laniado Hospital's policy of refusing to provide in vitro fertilization treatments to women who are not married violates the prohibition of discrimination in the Patient's Rights Law, and therefore it should be allowed to conduct a class action against it on grounds according to the Patient's Rights Law".

More in Walla!

The MK supported discrimination in medical treatments, Netanyahu attacked: "LGBT rights were not harmed"

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Women protest against discrimination against women to serve as fighters in the IDF (Photo: Roni Kanfo)

In another famous petition submitted this year by the designated Minister of National Security, MK Itamar Ben Gvir, he asked to order the municipality of Rahat to allocate shared bathing hours for men and women to bathe together in the municipal pool in the city of Rahat. Although the petition was rejected due to a procedural flaw - Ben Gvir had to submit the The petition to the Court of Administrative Affairs, but the Supreme Court mentioned the fact that a municipality must provide commercial services such as swimming in the pool in an equal manner as mentioned in the law prohibiting discrimination in services and products.

Another famous judgment given this year in the small claims court in Bat Yam rejected the petition of Vicky Ben Yaakov, who wanted to rent an apartment in Bat Yam but was refused because she asked to do so together with her partner.

The court rejected the claim, among other things, due to the fact that it is "the owner of a private apartment, when her own property is of relatively high importance and weight when we deal with the apartment. Therefore, despite the court's disapproval of the reasons for the defendant's retirement, it seems that a legal remedy is not Among the remedies to which the plaintiff is entitled."

This decision of the court shows how difficult it is to sue due to the law prohibiting discrimination in services and products and raises the concern that the introduction of a clause in the law that allows discrimination based on religious belief will make it even more difficult to use the law.

As written in Ben Ya'akov's ruling: "This claim must be rejected. However, and this is important, this rejection does not in any way confirm, confirm or justify the discriminatory action taken by the defendant on the moral level. The opposite of this. However, similarly,

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