State's Great Accomplishments
In Education, Freedom of Press
Governments and correspondents in countries throughout
the world participate in providing information on human rights,
incorporated in United Nations Yearbooks. This information has
great and permanent value for students of world affairs—lawyers,
writers, scholars • and librarians.
All UN member natiGns are represented in "Yearbook on
Human Rights for 1953" published for the UN by ColUmbia Uni-
versity Press (2960 B'way, N.Y. 27). The major portion of this
book is devoted to constitutional provisions, texts and summaries
of national courts relating to human rights and statutory pro-
visions. Then there are sections devoted to summaries of laws
relating to trust territories, -human rights- in treaties and UN
activities in the field of human rights.
Especially interesting and important in this volume is the
section on human rights in Israel in 1953, including the State
Education Act and the judicial decisfon on Freedom of the
Press.
The Israel government-appointed correspondent who pro-
vided the information for this section was •Shabtai Rosenne,
Legal Adviser of the Ministry of Foreign Affairs of Israel. He
points out at the outset that the 5713-1953 Judges Act, regulating
the position of the civil judicature in Israel, makes special pro-
visions for the appointment of judges and an autonomous dis-
ciplinary code guaranteeing "the independence of the judiciary
by providing—a judge, in judicial matters, is subject to no
authority other than that of the law."
•,
eep P e i ges and Assurances to Israel
Dr. Emanuel Neumann, presi-
dent of the Zionist Organization
of America, expressed concern
over the failure of the- just-
concluded Bermuda conference
between President Eisenhower .
and British Prime Minister Mac-
millan to produce ,anything
"tangible" regarding the prob-
lems of Gaza, Aqaba and the
Suez Canal. He warned that. the
U. S. and the UN are "courting
another explosion" that may oc
cur the moment President Nas-
ser decides to re-assert bellig-
erency toward , Israel.
Dr. Israel Goldstein, president
of the American JeWish Con-
gress, told the rally that "if the
situation in the Middle East is
not rectified now, there is again
danger of war." Louis Segal,
secretary of the Farband-Labor
Zionist Order, declared that the
atmosphere in Israel today is
"calm and more confident than
the atmosphere that prevails in
the U. S."
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The characteristic feature of the Education Act of that
year is a system of decentralization with three trends: re-
ligious (mizrachi), general and labor, with the extreme ortho-
dox elements maintaining "their own . system which provided
traditional Rabbinic-Talmudic education."
*
*
*
Mr. Rosenne states that the new act, read into the framework
of compulsory education, provides for a unified state of education
system on the basis of the curriculum prescribed by the Minister
of Education and Culture, under government supervision, with-
out attachment to party or communal body outside the govern-
ment. He
• outlines the object of the Education Act to be:
"to base elementary education in the State on the values of
Jewish culture and the achievements of science, on love of the
homeland and loyalty to the State and the Jewish people, on
practice in agricultural Work and handicraft, on pioneer train-
ing, and on striving for a society built on freedom, equality,
tolerance, mutual assistance, and love of mankind."
Mr. Rosenne also outlines the regulations for adolescent
Vocational training in the 1953 Apprenticeship Act. Until a person
has reached the age of 18 he cannot be employed except as an
apprentice until he has - received his trade qualification. He must
attend an approved trade school, the employer allowing the
necessary time for it. Similarly, the Youth Labor Act of 1953
proiides a code for further education governing young persons'
employment.
Employment of persons under 14 is forbidden and there
are restrictive conditions on the employment of persons be-
, tween 14 and 18. There are special requirements for their
medical examinations. "An employable person is not to work
more than eight hours a day and 40 hours a week; and on the
day before and after the weekly day of rest or holiday, a
youth's working day is not to exceed seven hours. The weekly
rest day—of at least 36 hours' duration—is Saturday for a
Jew, and Friday, Saturday or Sunday for a non-Jew; and if a
youth is studying in a recognized educational establishment,
his working day must terminate by 4 p.m. Night work, between
6 p.m. and 6 a.m., is completely forbidden for children under
the age of 16, and is restricted for other maths. All youths
are entitled to 18 days' holiday per year."
Mr. Rosenne calls the pagsing of the 1953 National Insurance
Act "an epoch-making event." It provides a system of compulsory
old age and survivors' insurance.
The text of the 1953 State Education Act is incorporated in
the Israel. Section in the "Yearbook for Human Rights."
*
*
*
• The Judicial Decision is a very revealing document. It deals
with the annulment of a ruling suspending two Communist Party .
organs, Kol Haam (Hebrew) and El 'Ittihad (Arabic). The de-
cision by Judge Agranat is a most scholarly essay: The learned
judge drew -upon comments of Judges Holmes, Brandeis and
Frankfurter and many other American and British authorities.
It is as much an essay on democracy as it is an important
ruling on Freedom of the Press - and Conscience. It is a remark-
able evaluation of Israel as a democratic State. Declaring that
"the principle of freedom of expression is a principle most inti-
mately connected with the democratic process," Judge Agranat
stated:
"Above all, democracy is a regime of consent. It is the
opposite of a regime which rests on brute force. The democratic
process, therefore, consists in _selecting the common objective of
the people and the means of achieving it. It does this by way
of exchange of views and debates,—i.e., by way of public dis-
cussion of the problem facing the State, a discussion to be
carried on in a free manner. In this mutual interchange' of
ideas, which is conducted through the State's political institu-
tions—such as the political parties, general elections, and
parliament—what is called 'public opinion' has a vital role
which it plays not only when the citizen goes to the polling
booths, Mit at all times."
*
*
*
As in the great decisions of distinguished American jurists,
Judge Agranat draws the distinction "between freedom and
license." But in the main, his strong defense of freedom of speech
and the press emerges as one of the great expressions of modern
times on the vital subject.
The Israel documents incorporated in the 1953 "Yearbook
on Human Rights" thus add great value in the study of human
rights and cultural values. These and other documents in this
volume give it great importance in the fields of legislative re-
search encouraged by the United Nations.
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NEW YORK_ (JTA)—Unless
the United States and the
United Nations keep the com-
mitments they gave Israel to get
her to withdraw from the .Gaza
and Aqaba areas "the damage
to the free world will be incal-
cUlable," Mrs. Rose Halprin, act-_
ing' chairman of the American
section of the Jewish Agency,
told a rally sponsored by the
American Zionist Council,
Calling on President Eisen-
hower to back up his pledge
that if Egyptian President Nas-
ser pursues belligerent tactics
he would be delat with firmly,
Mrs. Halprin pointed out that
"to this very day, Nasser con-
tinues to pursue the tactics of
a belligerent and, in fact main-
tains that Egypt is still in a
state of war with Israel."