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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 - third set of laws that legalize discrimination against non-Jews within Israel ...

Point to be
Examined
    • 4. Preferential Treatment for Jewish Organizations & Events and Religious Symbols.

Details
Requested
      • A. Numbers of laws give influential roles in the Israeli government to Jewish political organizations(more details & quotes);
      • B. Numbers of laws give special funding and privilege to Jewish cultural and religious organizations and events, and position to Jewish religious symbols(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 27.
      • (1) Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.

  • 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:
        • (vi) The right to equal participation in cultural activities;
      • (f) The right of access to any place or service intended for use by the general public, such as transport hotels, restaurants, cafes, theatres and parks.

  • 3. International Covenant on Civil and Political Rights (16 December 1966)
    • Article 18.
      • 1. Everyone shall have the right to freedom of thought, conscience and religion. This right shall include freedom to have or to adopt a religion or belief of his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice and teaching.
      • 2. No one shall be subject to coercion which would impair his freedom to have or to adopt a religion or belief of his choice.
      • 3. Freedom to manifest one's religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health, or morals or the fundamental rights and freedoms of others.
      • 4. The States Parties to the present Covenant undertake to have respect for the liberty of parents and, when applicable, legal guardians to ensure the religious and moral education of their children in conformity with their own convictions.
    • Article 26. All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

  • 4. International Covenant on Economic, Social and Cultural Rights (16 December 1966)
    • Article 15.
      • 1. The States Parties to the present Covenant recognize the right of everyone:
        • (a) To take part in cultural life;
        • (b) To enjoy the benefits of scientific progress and its applications;
        • (c) To benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.
      • 2. The steps to be taken by the States Parties to the present Covenant to achieve the full realization of this right shall include those necessary for the conservation, the development and the diffusion of science and culture.
      • 3. The States Parties to the present Covenant undertake to respect the freedom indispensable for scientific research and creative activity.
      • 4. The States Parties to the present Covenant recognize the benefits to be derived from the encouragement and development of international contacts and co-operation in the scientific and cultural fields.

  • 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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