Haredi victory in Supreme Court over Yeshiva ketanas

The High Court rejected today (Wednesday) a petition by a group of people identified as anti-religious, including Amnon Rubinstein, Uriel Reichman, Elazar Stern and others, against the Knesset, the Ministry of Education and the society of Yeshiva and Torah institutions administrators.

The petition, which became known as the 'Supreme Court case of Yeshivot ketanot', demanded to oblige yeshiva ketanas with core curriculum studies. An xpanded panel of nine justices of the Supreme Court discussed the question of the legality of the law of unique cultural educational institutions.

This law provides an exemption from the study of core curriculum to haredi educational institutions where students learn in grades 9 - 12- educational institutions called "yeshivot ketanot". In accordance with the law, these institutions will be exempt from the core curriculum, and shall be provided at the rate of 60% of budgeting of students enrolled in post-primary academic programs.

The judgment covering about 180 pages full of reasons, the expanded panel [nine justices] rejected the petition, stating that "the petition is denied."

Among other things, the resolution specifies the position of Minister of Education at the time the petition was filed, Gideon Saar, who made clear that in the Haredi sector too youngsters face several possible choices, and that he supports the rights of the community and the recognition of its uniqueness.

The petition argued that the law is unconstitutional, because the exemption from core curriculum harms the haredi students' ability to integrate into society and the labor market, and therefore, violates their constitutional rights to human dignity and freedom of occupation. Although Justice Arbel supported a repeal of the existing law and obliging the yeshiva ketanas to learn core curriculum studies, she was the minority on this issue.

Among others, Arbel wrote: "The difficulty in finding a balance between the desire to grant rights of autonomy and cultural rights according to the different cultures, mostly minority cultures, and maintaining the autonomy of the individual in these cultures and the protection of human rights as they are seen in a liberal society, gave rise to many philosophical and legal discussions... concerning the subject of the petition before us, I believe that one can maintain the balance required by the Basic Law: human Dignity and Liberty, which will be used to enable Haredi society to preserve its culture and to a large extent the autonomy of its education, while reducing the harm, as perceived by a liberal society, to minor individuals of this sector. It is fitting that this balance will be, but certainly it is not done by the law subject of our discussion.

"I conclude, therefore, that the law does not balance properly, and in fact almost does not balance at all, between the constitutional rights of the boys it harms - the right to receive an education and the right to autonomy - and the goals it seeks to achieve - the right to autonomy of the parents of the boys and the right to culture of the haredi sector. It therefore does not meet the conditions fixed in the limitation clause. This conclusion leads to the result that cultural educational law is unconstitutional and should be disqualified."

"Core curriculum should be learned willingly"
Prof. Aviad Hacohen, dean of the Academic Center 'Shaarei Mishpat" representing the Haredi sector in the petition, said: "We are pleased that the court accepted our position and that the core curriculum, which we see as good in itself, should be studied by choice and desire, not forced by law. In recent years, there has been a welcome change in the haredi society, and many of its boys and girls turn, after studying for many years at the yeshivas and seminaries, to academic studies. The attempt to force them to learn core curriculum may put a stop to this trend and be counter-productive."

MK Uri Maklev responded to the ruling: "The understandable fear is that even this ruling will not prevent them and the like of them of more frivolous petitions. The basis for rejecting this ruling, which was joined by ancient and modern religion-haters, is the adamant stance of former Education Minister Gideon Sa'ar for the right and traditions of Torah study in Israel".

'בחדרי' גם ברשתות החברתיות - הצטרפו!