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

Background
Principles
  • II. LAWS LEGALIZING DISCRIMINATION & EXPLOITATION - second set of laws that legalize discrimination against non-Jews within Israel ...

Point to be
Examined
    • 3. Veterans' Benefits - Discrimination in awarding of benefits.

Details
Requested
      • A. Service in the Israeli military is limited mostly to Jews(more details & quotes);
      • B. Veterans are awarded a wide range of benefits in finance, education, housing, and medical care. While being denied military service, Israeli Arabs are offered no alternative service they can participate in to get these benefits(more 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 21.
      • (2) Everyone has the right of equal access to public service in his country.
    • Article 29.
      • (1) Everyone has duties to the community in which alone the free and full development of his personality is possible.
      • (2) In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms and others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.

  • 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;
      • (e) Economic, social and cultural rights, in particular:
        • (iv) The right to public health, medical care, social security and social services;

  • 3. International Covenant on Civil and Political Rights (16 December 1966)
    • Article 25. Every citizen shall have the right and the opportunity, without any of the distinctions mentioned in article 2 and without unreasonable restrictions:
      • (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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