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February 28, 2015 / 9 Adar , 5775
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Posts Tagged ‘court’

Landmark Court Ruling to Flood Tel Aviv with African Immigrants

Monday, September 16th, 2013

A unanimous and landmark Supreme Court ruling on Monday struck down a Knesset amendment to a law and declared that detaining African infiltrators  for three years without trial violates their human rights.

The effect of the decision is that nearly 2,000 illegal Africans will be able to leave their Negev prison in 90 days and move freely in Israel, most likely to southern Tel Aviv – unless the government decides to deport them.

Within the 90-day period, the government can determine if the illegal immigrants are entitled to be recognized as those seeking asylum or simply left their home countries to seek a better standard of living, in which case they can be sent home.

The amendment to the Prevention of Infiltration Law violates what is known is Israel as the Basic Law of Human Dignity and Liberty, a concept that the High Court has exploited for several years to allow it to dictate policies that often are the opposite from what the Knesset had legislated.

The unanimity in the 9-0 ruling, including  new Court President Asher Grunis who is viewed as being far away from the left-wing “bleeding heart” camp, underlined the conclusion that the amendment unquestionably violates human rights, despite the problems is poses to the country, as several justices noted.

However, Justice Grunis indicated that a shorter detention period would not be questioned by the court.

Justice Edna Arbel, who has sided dozens of times with “activists” and often against Jewish communities in Judea and Samaria, admitted that the decision “will not be easy” for the public to swallow.

She also concede that the decision will be a difficult blow for south Tel Aviv, whose residents have suffered a higher crime rate along with the flood of approximately 50,000 African infiltrators into the relatively poor neighborhood.

“Their cries are in our hearts; their pain is our pain,” she wrote, but Likud Knesset Member and Knesset Interior Committee chairwoman Miri Regev reacted, “There are judges in Jerusalem, but the pain is in south Tel Aviv.” She added, “The High Court has sentenced the residents of south Tel Aviv to living in fear and has given infiltration a green light.”

But she agreed that the Knesset’s solution of simply throwing people into detention facilities for three years, without charges, is not a solution.

Even veteran MK Reuven Rivlin, former Speaker of the Knesset and who has often defended the legislature against High Court intervention, admitted that the Knesset has to be more careful in its legislation.

Minister of Interior Gideon Sa’ar said that Monday’s ruling makes it more difficult for Israel to deal with illegal infiltration.

To a large extent, the government is to blame for the situation. It ignored years of warnings that the daily flood of illegal immigrants was destroying Jewish life in Arad and Dimona, in the northern Negev, where the immigrants descended from further south.

It was only after tens of thousands of infiltrators inundated Tel Aviv that the government began to move, literally locking the gates at the border after the illegals had crossed into the country.

In virtually every democratic country, foreigners are not allowed to  enter without valid documents unless they are seeking asylum.

Egypt often solved the problem by simply killing them. Israel simply turned a blind eye until Prime Minister Binyamin Netanyahu, in the previous government, ordered that a fence be built along the Egyptian-Israeli border. The result has been a near-zero rate of infiltration. Simultaneously, the government decided to do something with those already in the country and deported thousands who were not validated as seekers of asylum, mainly from Sudan.

Leftists, many of whom back any effort that will reduce the Jewish majority and the influence of the growing  religious minority in the country, challenged many attempted deportations.

They conducted a “Save the Children” campaign, playing on emotional heartstrings by protesting against deporting children who, at the country’s expense, already were being educated in Israel.

Prime Minister Binyamin Netanyahu said after the ruling, “Alongside honoring the decision of the High Court of Justice, I, in cooperation with the Interior Minister and the Attorney General, intend to find ways that are in keeping with the decision and which will allow the implementation of our determined policy which has blocked illegal migration and has already repatriated thousands of illegal migrants.”

France: “Secularism Charter” in Every School

Monday, September 2nd, 2013

Originally published at Gatestone Institute.

“Nothing could be worse than posting a secularism charter on the wall and then the students see around them that what actually happens in school life is the exact opposite of what we tell them.” — Philippe Tournier, Secretary General, French Teachers Union.

The French government has announced a plan to post a “secularism charter” in all public schools in France by the end of September.

The document — which is to appear in a prominent location in all of the 55,000 public schools in France — would serve to remind students and teachers of a list of secular principles underpinning the separation of mosque and state.

Although the initiative has enjoyed a generally positive reception, many observers are saying they doubt the Socialist government of French President François Hollande will have the political willpower actually to enforce secular principles in French schools — with or without a charter.

This skepticism stems from the fact that Muslim children constitute an increasingly large proportion of the 10 million students in the French public school system — and because Muslim parents make up an increasingly important voting bloc in French politics. Muslims, in fact, cast the deciding vote that thrust Hollande into the Elysée Palace in May 2012.

French Education Minister Vincent Peillon, who announced the plan in an interview with the French daily newspaper L’Est Républicain on August 26, said, “Everyone is entitled to his opinion, but not to dispute lessons or to skip classes [for religious reasons]. The charter will be a reminder of [secular] principles. It will be posted in all schools in late September. The law provides for a moral and civic education that promotes freedom from judgment, the capacity to emancipate, and rights and duties. I want to see the return of those values of the [French] Republic in schools in 2013.”

Although the final content of the charter will not be made public until the middle of September, a draft of the list which contains a total of 17 paragraphs has been circulating since July 11.

The first section of the draft list is entitled “The Republic is Secular,” and consists of six rather straightforward paragraphs that mostly echo the French Constitution. Paragraph 2 of the draft, for example, states that, “France is a republic that is indivisible, secular, democratic and social. It ensures equality before the law, on the whole of its territory, for all citizens. It respects all creeds.”

According to Paragraph 3, “The secular Republic is based upon the separation of religion and state. The state is neutral with regard to religious or spiritual beliefs. There is no state religion.” Paragraph 4 states that “Secularism guarantees freedom of conscience for all. Everyone is free to believe or not to believe. It allows the free expression of his beliefs, respecting those of others within the limits of public order.” And so on.

The second section of the list, entitled “The School is Secular,” changes tack by directly confronting Muslim students who take to disrupting classes whenever they do not agree with their teachers on certain subjects.

Paragraph 14 states: “Lessons are secular. To ensure that students are as objectively open as possible to the diversity of worldviews as well as to the extent and accuracy of knowledge, no subject is a priori excluded from scientific and educational inquiry.”

According to Paragraph 15, “No student may invoke religious or political convictions to challenge and/or to prevent a teacher from teaching certain parts of the curriculum.” Paragraph 16 states that “the wearing of conspicuous symbols or dress by pupils as relates to their religious affiliation is prohibited in public schools.”

The draft charter also states that “the secular school offers students the conditions to forge their own personality, exercise their free will and learn about citizenship. It protects them from proselytizing and from any pressure that prevents them from making their own choices.”

Reactions to the announcement have been mixed, with some questioning if or how the measure will be enforced.

The Secretary General of the French Teachers Union, Philippe Tournier, told Radio Europe 1 that while he welcomed the secularism charter in principle, he worried about its implementation. “The intentions are quite positive, but the essential thing still remains: putting into force what [the charter] affirms,” he said. “Nothing could be worse than posting a secularism charter on the wall, and then the students see around them that what actually happens in school life is the exact opposite of what we tell them.”

Women of the Wall Protesting Bennett’s High Holidays Plan

Sunday, August 25th, 2013

Minister of Religious Services Naftali Bennett announced on Sunday his support for the Mendelblit plan, drawn by the Prime Minister’s Office’s committee charged with the task of solving the problem of “inequality” at the Western Wall.

The committee is promoting a solution that utilizes a wooden balcony which has been built on scaffolding in the middle of Robinson’s Arch, near the Western Wall. The new section will permit mixed prayers of men and women and will be dubbed “Israel section.”

Women of the Wall are complaining that the plan will “effectively exile women and all Jews who pray in a way that is not ultra-Orthodox tradition to Robinson’s Arch and away from the area of the Western Wall where Jews have prayed for generations.”

According to WOW, should the new plan be executed, the government will be excluding more 50% of Jewish population to the “back of the bus.”

That’s a bit of a stretch, of course, since the majority of Israeli women feel quite comfortable in the women’s section – on those rare occasions when they show up at prayer services.

The new mixed prayer area outside the Kotel plaza in Jerusalem. Photo credit: Yonatan Sindel/Flash90

The new mixed prayer area outside the Kotel plaza in Jerusalem. Photo credit: Yonatan Sindel/Flash90

“Women of the Wall rejects the Mendelblit plan which dangerously circumvents the pluralist Sobel Disctrict Court decision,” WOW declared on Sunday. “We are at a crossroads for religious freedom and freedom of expression in Israel. Today this affects Women of the Wall but tomorrow it will affect every Israeli and Jew around the world. What has been proven today is that the bullies were victorious—with their assault, spitting and cursing at women. Mendelblit and Bennett have given in to the threats and violence of the Haredi extremist minority in Israel and this is a dangerous precedent for our democracy.”

WOW complain that, according to the proposed plan, the wooden stage erected at the center of the archaeological visitor’s center “is concerning only mixed prayer, and therefore does not provide a solution for Women of the Wall, a mixed women’s prayer section.”

An email they sent out Sunday contends that “The plan leaves control over the entire area in the hands of the Western Wall Heritage Foundation, an organization run by a vast majority ultra-Orthodox men. The stage is in no way equal topographically or geographically to the original plaza, nor does it come close to the Wall itself, as it stands to the back of the Robinson’s Arch area. This plan is the very definition of separate, and not nearly close to equal, it provides an out of sight- out of mind solution silencing women at the Western Wall.”

The argument is strangely familiar, reminiscent of Jewish complaints about how the Jordanian Waqf has been controlling the Temple Mount – but any attempt to solicit from WOW an expression of empathy for Jews on the Mount have been met with staunch denial of similarity…

When all else is lost, WOW are appealing to the one true supporter they have in the current government – you guessed it:

“We call upon Minister of Justice Tzipi Livni to reject this plan, to demand equal rights for women to pray at the women’s section of the Western Wall. Women of the Wall is calling for a 24 hour sit-in at the Western Wall in the hopes that the government will reject this plan and support the District Court Decision in which all women can pray freely at the Western Wall.”

French Court Acquits Boycott Activists of Hate Crime

Sunday, August 18th, 2013

A French court has acquitted three activists charged with discrimination and hate crimes for calling for a boycott of Israeli products in 2010, the France 3 television station reported.

The activists, Bernard Cholet, Jeanne Rousseau and Yamina Tadjeur, made the calls during a protest at a shopping center in the southern city and were charged following a complaint from the BNVCA anti-Semitism group.

The group to which the activists belong, Collectif 66 Peace and Justice in Palestine, supports a blanket boycott of all Israeli products as well as a “boycott only of products from Israeli colonies [in the Judea and Samaria],” according to a statement from 2011. Prosecutors had said that even if the call were discriminatory, there was no evidence it was an incitement to hatred or violence, as stated in the original indictment.

Kosher Slaughter Ban Shows Poland Has a Jewish Problem

Wednesday, August 14th, 2013

The Sejm, the lower house of the Polish parliament, has a Jewish problem.

In a painful affront to the Jewish community, it recently defeated a government initiative to reinstate the legality of kosher slaughter of animals. This prompted Poland’s chief rabbi, Michael Schudrich, to threaten resignation and triggered sharp criticism of the Sejm from Jewish communities in Poland and around the world.

What happens in Poland regarding Jews has special significance because of the Holocaust. More than 90 percent of the country’s three and a half million Jews were killed during the Nazi occupation. Poland began legislating against kosher slaughter in 1936, and once the Germans occupied the country three years later, the practice was banned entirely.

Since the fall of the communist regime in 1989, however, Jewish life in Poland has undergone a remarkable, and previously unimaginable, renaissance. Full recognition of the rights of Jews to practice their faith – including kosher slaughter – was enshrined in an agreement the government signed with the Jewish community in 2004.

Indeed, Polish Foreign Minister Radoslaw Sikorski, addressing an overflow crowd at the American Jewish Committee’s Global Forum in Washington several weeks ago, declared it was his country’s responsibility to ensure “that today’s Jewish community in Poland is safe, welcome and respected.”

He honored Poland’s Jewish community “not just for how it died, but for how it lives, and how it is coming back to life.”

When legislation was adopted a few years ago mandating the use of electronic stunning equipment before an animal is killed – a practice prohibited under Jewish law –the Jewish community was granted an administrative exemption. In January, however, a court ruled the exemption unconstitutional. Alleged violations of animal rights trumped age-old Jewish religious practice.

Prime Minister Donald Tusk’s government framed legislation to override the court decision. What should have been a fairly easy corrective measure was instead defeated on July 12 by a vote of 222 to 178, leaving in place the judicial ban.

Thirty-eight Sejm members representing Tusk’s ruling Civic Platform party joined with the opposition in voting to outlaw ritual slaughter. In Poland, this was viewed as a major victory for animal rights advocates, as their views prevailed against the nation’s farmers and meatpackers, who had developed a lively business exporting kosher and halal meat to Israel and Muslim countries.

Jews, however, see matters quite differently. From their perspective, the Sejm’s action stigmatizing kosher slaughter as inhumane blatantly contradicts Foreign Minister Sikorski’s pledge to make Jews “safe, welcome and respected.” They point out that kosher slaughter, whereby the animal is rendered immediately unconscious by severing the carotid artery, is humane, and that the continued legality of hunting in Poland, which results in far greater and more indiscriminate pain to animals, suggests there may in fact be another, unstated reason for outlawing kosher slaughter: anti-Semitism.

In the wake of the Sejm vote, pejorative comments about Jews in some of the Polish media and online give some credence to these fears.

Unfortunately, it is not an isolated incident. The situation for European Jews looks even grimmer in a broader context. Just a few months ago, a similar scenario unfolded in Germany when a court banned ritual circumcision, another fundamental element of the Jewish religion, on the grounds that it mutilated children without their consent. There, too, anti-Semitic motivation was not hard to discern in certain quarters amid the talk about physiological and psychological harm.

Fortunately, Chancellor Angela Merkel navigated a bill through the German parliament overruling the court and reestablishing the religious freedom of Jews to continue an age-old tradition of their faith. Whether Poland will successfully follow her example and push through a law guaranteeing the right to kosher slaughter remains to be seen.

Such attacks on Jewish religious practice, in fact, constitute just one front in a wider struggle over the future of Jewish life in Europe. Anti-Semitic incidents are on the rise, increasing by 30 percent between 2011 and 2012. In France, there was an astounding 58 percent jump over that same period, including the targeted murder last year of four Jews, three of them small children, in Toulouse.

Vocally anti-Semitic political parties are represented in the Greek and Hungarian parliaments and are gaining power on the local and regional levels in other countries. Public opinion polls show alarmingly high levels of anti-Semitic attitudes. Demonization of Israel in the media and among some intelligentsia is often indistinguishable from Jew-baiting. No wonder that opinion surveys point to a striking number of European Jews contemplating emigration.

Nadler: Stop and Frisk Rightly Ruled Unconstitutional

Monday, August 12th, 2013

Congressman Jerrold Nadler (NY-10), Ranking Member of the House Judiciary Subcommittee on the Constitution and Civil Justice, released the following statement:

Today’s ruling by a federal judge that the New York Police Department’s stop and frisk policy violated the constitutional rights of New Yorkers is a step in the right direction. It’s unfortunate that it took a lawsuit and a federal court order to safeguard the fundamental, and constitutionally protected, right to be free from unwarranted police harassment. Racial profiling and other discriminatory policies have no place in our great city or our great country.

12 Plaintiffs Join $380 Million Sex-Abuse Suit against YU

Thursday, August 8th, 2013

Twelve former students joined a $380 million lawsuit against Yeshiva University for covering up sexual abuse at its high school.

The new plaintiffs’ names came out in court papers used in a hearing Tuesday in U.S. District Court in White Plains, N.Y., according to the New York Daily News, and bring to 31 the number of plaintiffs in the case.

Rabbi George Finkelstein and Macy Gordon, former staff members at Y.U.’s High School for Boys in Manhattan, as well as a youth volunteer, Richard Andron, have been accused of sexual abuse. Some of the cases allegedly took place as far back as the 1970s.

Finkelstein left the high school in 1995 and took a post at a Jewish school in Florida before moving to Israel. Gordon also lives in Israel and until recently was a teacher at the Orthodox Union’s Israel Center. Both men deny the charges. Andron has not issued a statement on the accusations.

The suit also names top members of Y.U.’s former administration, including Norman Lamm, its former president and chancellor.

Although the statute of limitations has passed on the cases, the alleged cover-up could negate the restrictions, according to Kevin Mulhearn, the plaintiffs’ attorney.

Printed from: http://www.jewishpress.com/news/breaking-news/12-plaintiffs-join-380-million-sex-abuse-suit-against-yu/2013/08/08/

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