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STUDY GUIDES: Israeli Law Israeli Military Orders International Law International Court of Justice Advisory Opinion on Wall

Background
Principles

HOW THE BASIC CATEGORIES OF LAWS WORK TO VIOLATE CIVIL RIGHTS:

  • I. LAWS COMPROMISING DEMOCRACY - 2nd way Israel compromises the democratic nature of its government ...
Point to be
Examined
    • 2. Influential government positions are given to non-government Jewish organizations and not to Arab ones gives Jewish needs unfair advantage over non-Jewish needs.
Details
Requested
      • A. Examples in land management and development of giving Jewish non-government organizations special representation in government land management agencies (details & quotes).
      • B. Examples in the agricultural industry of giving Jewish non-government organizations special representation in government agricultural boards (details & quotes).
      • C. Other miscellaneous examples where Jewish non-government organizations are given special advantage (details & quotes).

International Human Rights Law concerning this form of discrimination. Here is what some of the international laws say about this particular kind of discrimination - unequal access and participation in government:

  • 1. Universal Declaration of Human Rights (10 December 1948)
    • Article 2. Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
    • Article 21.
      • (1) Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.
      • (2) Everyone has the right of equal access to public service in his country.
      • (3) The will of the people shall be the basis of the authority of the government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.

  • 2. International Convention on the Elimination of All Forms of Racial Discrimination (21 December 1965)
    • Article 5. In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights:
      • (c) Political rights, in particular the right to participate in elections-to vote and to stand for election-on the basis of universal and equal suffrage, to take part in the Government as well as in the conduct of public affairs at any level and to have equal access to public service;

  • 3. International Covenant on Civil and Political Rights (16 December 1966)
    • Article 2.
      • 1. Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
    • Article 25. Every citizen shall have the right and the opportunity, without any of the distinctions mentioned in article 2 and without unreasonable restrictions:
      • (a) To take part in the conduct of public affairs, directly or through freely chosen representatives;
      • (b) To vote and to be elected at genuine periodic elections which shall be by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors;
      • (c) To have access, on general terms of equality, to public service in his country.

  • 4. International Covenant on Economic, Social and Cultural Rights (16 December 1966)

    * NOT APPLICABLE TO THIS COVENANT *

  • 5. International Covenant on the Suppression and Punishment of the Crime of Apartheid (18 July 1976)
    • Article II.
      • c. Any legislative measures and other measures calculated to prevent a racial group or groups from participation in the political, social, economic and cultural life of the country and the deliberate creation of conditions preventing the full development of such a group or groups, in particular by denying to members of a racial group or groups basic human rights and freedoms, including the right to work, the right to form recognized trade unions, the right to education, the right to leave and to return to their country, the right to a nationality, the right to freedom of movement and residence, the right to freedom of opinion and expression, and the right to freedom of peaceful assembly and association;


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(C) Israel Law Resource Center, February, 2007.

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