web analytics
December 28, 2014 / 6 Tevet, 5775
 
At a Glance

Posts Tagged ‘law’

Israeli Law May Apply to Citizens in Judea and Samaria

Sunday, September 1st, 2013

Following an angry government debate, the Netanyahu government decided to accept the recommendations of Minister Uri Ariel (Bayit Yehudi). Ariel recommended that all laws directly affecting and relating to citizens be automatically applied to citizens living in Judea and Samaria without special additional legislation or rulings. The Ministry of Justice has been told to begin working on this significant change to have it apply within the next few months, according to a report by the Tazpit News Agency.

Until now, anytime a law that was passed that affected private citizens, a second law or ruling needed to be passed to apply to citizens living in Judea and Samaria. The doppelganger law needed to be passed either in the Knesset, or by the IDF military commander in Judea and Samaria.

MK Orit Struck (Bayit Yehudi) recently initiated a doppelganger bill so that a new labor law for women, would also apply to women in Judea and Samaria.

Surprisingly, her bill raised the hackles of certain members of the Knesset, and in particular Minister Yair Lapid and his Yesh Atid party, who attempted to block the legislation from passing.

As a result, the discussion was elevated to the level of the government, where in the end Minister Uri Ariel’s position was accepted.

Ariel argued that Israeli citizens in Judea and Samaria fulfill their obligations as every other citizen of Israel does, and it makes no sense that they need to fight separately that every law will also apply to them.

Previously, Ariel taunted Lapid with a variation of Lapid’s campaign slogan, “If there are no rights, there are no obligations”, openly stating that if Israeli citizens in Judea and Samaria don’t benefit from the rights of Israeli law, then why should they have the obligation to pay income and VAT tax.

Honoring our Parents: Can We Learn from China?

Monday, August 26th, 2013

It is well known that millions of elderly Americans are neglected at their most vulnerable time. Jewish law, however, requires multiple times and in multiple ways that we honor our parents (Exodus 20:11, Exodus 21:15, Exodus 21:17, Leviticus 19:3, Deuteronomy 27:16).

The ancient exhortations to honor one’s parents endure into our age. As of July 1, 2013, China has required that adult children take care of their parents. The amended Law for the Protection of the Rights and Interests of the Elderly states that adult children must visit their elderly relatives, and they are prohibited from insulting, mistreating, or abandoning them under pain of lawsuit. Wu Ming, the deputy department head in China’s Ministry of Civil Affairs said, “Family members should not ignore and isolate the elderly. And they should come often to visit.” Today, millions of Chinese workers live thousands of miles away from their parents, families are limited to one child per family, and the tradition values of filial piety have become more challenging to put into practice. But those who fail to take care of their parents will now be fined. This act may be in recognition of the aging of the Chinese population: There will be 221 million elderly (age 60 and older) in the country in 2015, and the percentage will reach about a third by 2050.

In Japan, another country with the longstanding value of filial piety, modern legislation assists families in paying for hired caregivers (although they cannot be family members). Elsewhere, many nations mandate some level of care for the elderly. While the Soviet Union no longer exists, some of its policies survive in the areas it used to control. For example, in much of the former Soviet bloc, the elderly can sue their children for child support, and siblings can sue each other to make sure the money is raised and the burden shared. In Western Europe, eldercare is typically ensured through social insurance programs. The most inclusive policy for the elderly can be found in Norway, where all of the elderly are guaranteed long-term care.

How does the United States, which has traditionally been reluctant in implementing social welfare policies taken for granted in Europe, compare with rest of the industrial world? Currently, nearly 10 million adults age 50 and older care for elderly parents, with little governmental assistance. This number has tripled in 15 years, so now about 1 in 4 adult children provide personal or financial care for their parents. A study conducted by a group of insurance, caregiving, and policy think tanks concluded that, taking into account wages and Social Security and pension money, the average adult who becomes a caregiver for an aging parent spends nearly $304,000. In addition, caregivers undergo tremendous stress, and suffer higher rates of cardiovascular disease and alcohol abuse, among other illnesses. On top of this, Social Security benefits here do not increase when personal care costs rise, as they do in some European nations.

One bright spot is that many adults can now take up to 12 weeks off from work to care for an ill parent (or any other family member) without losing their job under the Family and Medical Leave Act of 1993. Unfortunately, this does not go far enough, because this leave is without pay and therefore an unaffordable option for nearly all working Americans. Medicare may help pay for some short-term care, and Medicaid can cover expenses for those with in adequate resources, although these are dependent on individual state requirements, which are constantly under attack today. Currently, as the Medicare website notes, private funds are used for eldercare: “About half of all nursing home residents pay nursing home costs out of their own savings. After these savings and other resources are spent, many people who stay in nursing homes for long periods eventually become eligible for Medicaid.” In other words, if you want nursing care as an elderly person, be prepared to lose all your resources. Other programs, such as Meals on Wheels, are also dependent on state funding (with some federal aid that is also under attack), and we cannot assume that it will continue as is in the current atmosphere of austerity. Other options usually rely on independent insurance or health plans that require additional payments.

While the United States remains a wealthy nation, and many can afford their own care, we should heed Jewish law and truly honor our parents. The rabbis tell a story which is codified as law (Shulkhan Arukh YD 240:3).

They inquired of Rav Ula: “How far does honoring/dignifying parents extend?”

He said to them: “Go out and see what one [non-Jew] did in Ashkelon. His name was Dama ben Netinah. Once the Sages sought merchandise for a price of sixty myriads, but the key was resting under his father’s head, and he did not disturb him…. When Rav Dimi came, he said: Once he was wearing a gold diadem and sitting among the greats of Rome, when his mother came and tore it off him, and hit him over the head and spit in his face, but he did not humiliate her” (Kiddushin 31a).

Even when mistreated and shamed by a parent, many demands to honor parents still remain. To be sure, there are limits too!

One whose mother or father breaks down mentally – He must make the effort to behave with them in accordance with their condition until [Hashem] has mercy on them; but if he it is not possible for him to stand it, because they have become greatly insane – he may go and leave them behind, so long as he commands others to treat them properly (Shulchan Aruch, Yoreh Deah 240:10).

Jewish law wisely and prophetically notes the mental and physical strain that an elderly parent with Alzheimer’s or dementia can have on a family. However, the law also mandates that we provide some degree of proper care for them. We should not force families to go into bankruptcy in order to avoid placing their parents in virtual warehouses where their parents will be neglected and mistreated.

The thing is that this is not only an ossified, unrealistic demand based on an idealized or no longer extant religious society. We see models for contemporary implementation around the world today, in China, Norway, and beyond. Our parents sacrificed so much for our well-being throughout their lives, when we were not able to fend for ourselves. As a society, we must recognize this and provide for them when they are no longer physically independent themselves.

Muslim Brotherhood Picks Hawk as New Leader

Wednesday, August 21st, 2013

The Muslim Brotherhood (MB) on Tuesday named Mahmoud Ezzat as its new leader after the Egyptian government arrested its former leader Mohamed Badie earlier on the same day.

Experts are suggesting that hardline MBs who managed to go underground to evade an arrest, would seek ways to avenge Badie’s arrest.

Ezzat has strong relations with the international Muslim Brotherhood and with the Hamas movement, Tharwat Kharabawy, a dissident former MB leader, told Xinhua.

Ezzat is a hawk, Kharabawy said, “the real guide of the group” and the one “managing the group from behind the curtains.”

The appointment means that the MBs are in no mood for peaceful negotiations with General al-Sisi and the new regime in Cairo.

Ezzat, former MB secretary general, has been a member of the guidance bureau and a deputy of Badie. In 1965 he was arrested and sentenced to 10 years in prison.

He was chosen as a member of the guidance bureau in 1981, and was arrested again in 2008.

According to the Egyptian authorities, Badie has been transferred to Mazraah prison in the Torah prisons’ complex, where former President Hosni Mubarak and his two sons are currently residing.

Badie is going to stand trial on Aug. 25, together with his two deputies, Khairat al-Shater and Rashad al-Bayoumi.

The new Egyptian rulers appear determined to crush the MB. In an interview with the CNN, presidential political advisor Moustafa Hegazi said that putting Badie in jail is a step toward restoring law and order.

He said “Egypt is waging a fierce war against terrorism and criminal acts.”

Hegazi suggested that the cruelest incident in all of Egypt’s history was the execution of 25 off-duty security servicemen on Monday in the northern Sinai Peninsula.

European Union foreign policy chief Catherine Ashton said on Tuesday that she had offered to return to Cairo.

“I told the Egyptian prime minister at the weekend that I would be more than willing to go back to Egypt if they wish me to come back,” said Ashton, who has been to Egypt twice since the regime change by the military.

Sen. Leahy: Obama Secretly Suspended Egypt Military Aid

Tuesday, August 20th, 2013

The office of Sen. Patrick Leahy (D-VT), head of the Appropriations State and Foreign Operations Subcommittee, told The Daily Beast that military aid to Egypt has been temporarily cut off.

“[Senator Leahy’s] understanding is that aid to the Egyptian military has been halted, as required by law,” said David Carle, a spokesman for Leahy.

If it’s done as required by law, why is the U.S. government keeping it a secret that it believes the regime change in Egypt was a military coup? If it is, indeed, temporarily suspending most of the military aid to Egypt, where is the public announcement that we don’t send money to governments that were installed by a coup?

After skewering Prime Minister Benjamin Netanyahu hard—through the good services of the NY Times—for his attempts to preserve stability in Egypt and the integrity of the peace treaty, now the administration is attempting to punish the naughty Egyptian generals, but without making a big deal out of it.

State Department spokeswoman Jen Psaki was asked on Monday about the suspended aid, and told reporters the aid is not officially suspended.

I suppose the Egyptians can use the officially unsuspended aid money the same way Israelis can live in the officially unfrozen homes in East Jerusalem…

“After sequestration withholding, approximately $585 million remains unobligated. So, that is the amount that is unobligated,” Psaki said.

I looked up “unobligated” and means funds that have been appropriated but remain uncommitted by contract at the end of a fiscal period. In other words, an I keep, you don’t get kind of relationship.

“But it would be inaccurate to say that a policy decision has been made with respect to the remaining assistance funding,” Psaki clarified.

In other words, I keep, you don’t get, but it’s not forever.

The Daily Beast quotes two Administration officials who explain it was the government lawyers who decided it would be more prudent to observe the law restricting military aid in case of a coup, while not making a public statement that a coup had taken place.

Bret Stephens, a deputy editorial page editor of The Wall Street Journal, wrote on Monday (A Policy on Egypt—Support Al Sisi):

“What’s realistic and desirable is for the military to succeed in its confrontation with the Brotherhood as quickly and convincingly as possible. Victory permits magnanimity. It gives ordinary Egyptians the opportunity to return to normal life. It deters potential political and military challenges. It allows the appointed civilian government to assume a prominent political role. It settles the diplomatic landscape. It lets the neighbors know what’s what.”

By taking the opposite approach, making it harder for the new Egyptian government to bring the internal conflict to a conclusion, the Obama Administration is promoting and prolonging chaos in yet another country. Which is why, I suspect, Senator Leahy has spoken to the Daily Beast in the first place, to stop this blind march over the cliff.

Middle East analyst Brian Katulis from the Center for American Progress, told the Beast he thought the Administration was “trying to maintain maximum flexibility,” but he suggested that this horse is long out of the barn. “Egypt’s struggle has become so intense, polarized, and violent, and I worry that no matter what move the United States makes now, the competing power centers in Egypt might continue down the dangerous course they’ve headed.”

Unless, of course, the U.S. is making clear, with loud noises and a light show, that it supports stability in Egypt, and in order to hasten new elections, it will not suspend military aid to Egypt. In fact, with its financial and military might, the U.S. will do everything it can to restore stability and democracy in Egypt.

But that would require President Obama to get over the insult of the Egyptian nation ignoring his wishes and dethroning his favorite Muslim Brother president.

Evidence that Morsi Actually Lost the Egyptian Presidency

Monday, August 19th, 2013

Just days after his apparent victory, Cynthia Farahat and I expressed our skepticism about the validity of these election returns:

SCAF exploits the Muslim Brotherhood and other proxies as its civilian fronts, a role they are happy to play, by permitting Islamists to garner an outsized percentage of the parliamentary vote, then to win the presidency. During the suspicious week-long delay before the presidential votes were announced, SCAF met with the Muslim Brotherhood’s real leader, Khairat El-Shater, and reached a deal whereby Morsi became president but SCAF still governs.

Earlier, we had doubted two earlier rounds of elections (see “Egypt’s Sham Election” and “Don’t Ignore Electoral Fraud in Egypt.”)

Though few analysts have embraced this version, there have been hints of it:

(1) On July 31, 2013, Josh Goodman and James Parks wrote in “Morsi Was Neither Democratically Nor Duly Elected” that

hailing Morsi as the democratically elected representative of the Egyptian people appears to be based on a rather loose understanding of “democracy.” The Brotherhood has been accused of bribing and intimidating voters and rigging ballots during the 2012 elections. The election suffered from abysmally poor voter turnout (43.4% of registered voters), which is especially troubling given the ostensibly historic nature of the race. Out of 23 million voters in the first round of elections, 12 million did not vote for either of the two candidates ultimately placed in the run-off vote. Capping this all off was a blatant power grab from the military, which changed the constitution mid-election to limit the power of the newly elected President.

(2) On Aug. 3, 2013, Gen. Abdel Fatah al-Sisi gave an interview in which he both denied having rigged Morsi’s election and (more interestingly) asserted that he could have done so had he wanted to.

Q: So you were giving the president advice on Ethiopia and the Sinai, for example, and he was ignoring you?

A: We were very keen and predetermined on his success. If we wanted to oppose or not allow them to come to rule Egypt, we would have done things with the elections, as elections used to be rigged in the past.

Now comes a testimonial from an un-named Egyptian official via the Israeli politician Yossi Beilin in “Morsi didn’t win the elections” that

Ahmed Shafiq, the former air force commander and former president Hosni Mubarak’s last prime minister, actually won the race by a narrow margin. But the army generals—wanting to ensure that law and order would be upheld following the elections—feared that if Morsi was defeated, the Muslim Brotherhood would refuse to recognize the results and would end up conducting themselves just as they are now.

The official results, 51.73 percent for Morsi and 48.27% for Shafiq, were almost the exact reversal of what actually happened at the polls. After the results were published, we barely heard any calls for protest or opposition among the secular-liberals, while on the religious side—loyal either to the Muslim Brotherhood or the Salafi parties—voters were happy with their achievement.

Beilin goes on to explain that military officers expected the inexperienced Morsi to respect the army but he did not. Gen. Abdul-Fattah al-Sisi came under pressure from fellow generals some months ago but Sisi gave Morsi a chance to make amends.

Religious Right and ACLU Protest Judge’s No Messiah Ruling

Monday, August 19th, 2013

It began when Jaleesa, 22, took the father of her baby, Jawaan P. McCullough, 40, to family court in Tennessee, to establish paternity and to set child support. Oh, and the baby’s name was Messiah, according to the LA Times.

In court it was revealed that the father had wanted to name the baby Jawaan P. McCullough Jr., but he no longer objected to calling the boy Messiah Deshawn. But the judge decided to change the baby’s name anyway.

“It is not in this child’s best interest to keep the first name ‘Messiah,’” Magistrate Lu Ann Ballew wrote in her decision. “‘Messiah’ means Savior, Deliverer, the One who will restore God’s Kingdom. ‘Messiah’ is a title that is held by only Jesus Christ.”

An entire Jewish family of Iraqi extract named Mashiach would argue differently, but you don’t get many Iraqi Jews in Tennessee. But even without that Iraqi-Jewish input, “Messiah” is an increasingly popular American baby name, according to the LA Times, as are the names Lord and King.

The name would impose an “undue burden on him that as a human being he cannot fulfill,” the judge wrote, although she really didn’t know just how spiritually gifted the baby Messiah was.

She also noted that in Cocke County, Tenn., where the new Messia resides, there is a “large Christian population” as evidenced by its “many churches of the Christian faith.”

“Therefore,” the judge concluded, “it is highly likely that he will offend many Cocke County citizens by calling himself ‘Messiah.’”

Maybe, maybe not – there’s a slew of Jesus’s out there and no one seems to mind, and then, come to think of it, using that same logic, the name David should also irk some people. So the ACLU of Tennessee got on the case, and, surprisingly, received many calls of support from the religious right, which typically threatens to blow up their offices over abortion cases.

“I got the classic call the other day,” Hedy Weinberg, executive director of the ACLU of Tennessee, told the LA Times. “They said, ‘I really don’t like the ACLU, but I support what you are saying and doing about the baby Messiah.”

UC Davis constitutional law professor Carlton F.W. Larson said the judge’s “entire line of reasoning totally violates basic freedom of religious purposes. This kid can’t be a Messiah because the Messiah is Jesus Christ? Judges don’t get to make pronouncements on the bench about who is the Messiah and who is not.”

The ACLU’s Weinberg agreed: “The judge is crossing the line by interfering in a very private decision and is imposing her own religious faith on this family. The courtroom is not a place for promoting personal religious beliefs, and that’s exactly what the judge did when she changed the baby Messiah’s name to Martin.”

On the other hand, if a certain Miriam from Nazareth had gone ahead and changed her own child’s name to Martin, we’d all be spared a lot of embarrassment…

Civil Liberties and the Governance Act

Thursday, August 15th, 2013

I recently received an anxious phone call from an Israeli coalition MK. Due to a mix-up in the Knesset scheduling he left early for an overseas vacation.

“They want me to come back to Israel because of you,” the affable MK said to me. I inquired as to what I had done wrong.

“You are going to vote against the Governance Act,” he replied. “It is a Basic Law and the coalition needs 61 votes to pass it. If you plan to vote against the law, as you did the last time it was voted upon in the Knesset, they will force me to come back to Israel to vote.”

It was a very awkward moment, as the MK is my friend.

“Look,” I said to him, “my problem with this law is not the raising of the votes threshold [required to win a Knesset seat]. I actually support that measure. I also have no problem with limiting the number of ministers in the government. On the contrary, I would be pleased if they would lower the number of ministers to fewer than 10. My problem is with the part of the law that requires 61 signatures in order to submit a no-confidence measure in the Knesset. This will actually neutralize the no-confidence option because if you have 61 signatures, you already have a new coalition; thus no need for no confidence.

“In this situation,” I continued, “I am terribly sorry to say that you will have to come back to Israel. There is no way that I am going to vote in favor of legislation that eliminates the Opposition just to be nice to a friend. But let me check once more. Perhaps the 61-clause was taken out of the legislation. In that case, with or without your vacation troubles, I will support the law.”

I called MK David Rotem (Yisrael Beiteinu), head of the Knesset’s Constitution Committee.

“Please explain to me exactly what the new version of the law says,” I asked him. “Does it still require 61 signatures for a no-confidence vote?”

“No,” Rotem replied. “The new version allows for the submission of a no-confidence measure just like it is now, except that instead of allowing for it once a week, it will be once a month. In addition, the prime minister will have to be present during the deliberations.” (I agreed to that immediately). “If you have 61 signatures,” Rotem added, “you will be able to submit the no-confidence measure in the same week. [There will be] no need to wait a month.”

I was very pleased. First, I am happy that my MK friend will not have to cut short his vacation. But more than that, I am happy because I know that I have a part in the transformation that this law underwent: from a bad law to a just and even important law. The farce of bountiful no-confidence votes, which keeps the entire government running back and forth to the plenum in the middle of their week’s work in order to reject every hiccup from Ahmad Tibi (Ta’al), was in dire need of balance. On the other hand, those in the government who thought that they could take advantage of this problem in order to undermine civil liberties also had to change.

“Enjoy your vacation and don’t forget to bring me a souvenir,” I happily told the anxious MK.

Printed from: http://www.jewishpress.com/indepth/columns/moshe-feiglin/civil-liberties-and-the-governance-act/2013/08/15/

Scan this QR code to visit this page online: