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December 01, 1989 - Image 25

Resource type:
Text
Publication:
The Detroit Jewish News, 1989-12-01

Disclaimer: Computer generated plain text may have errors. Read more about this.

THIS AD
IS WORTH
5300 ON
AmERICA'S
BEST
CLIMBER.
TEAR IT OUT
& BRING
IT IN.

Rights Bill Is Okayed,
Agudat Israel Resigns

DAVID LANDAU

Special to The Jewish News

I

srael moved an important
step closer to a constitu-
tion Nov. 15 when the
Knesset, by large majority,
approved on preliminary
reading a Basic Human
Rights Bill. The bill, when it
eventually will become law,
will be known as a Basic
Law, meaning that it would
become part of Israel's con-
stitution, should the country
adopt such a document.
The vote was 53 to 19, with
four abstentions, and follow-
ed a stormy debate in which
the Knesset members from
the religious parties found
themselves almost isolated
in their opposition to the
bill.
The Orthodox parties ob-
ject to such a bill because it
provides for a constitutional
court that could invalidate
religious legislation. -
In reaction to the vote, the
ultra-Orthodox Agudat
Yisrael party formally se-
vered its ties with Likud.
Agudah, which holds five
Knesset seats, seceded from
the Likud-led coalition two
weeks ago, complaining that
Prime Minister Yitzhak
Shamir failed to keep prom-
ises he made to them when
the coalition was formed a
year ago.
Agudah politicians made
clear it was only a trial
separation. But the divorce
is now final, according to the
chairman of Agudah's
Knesset faction, Rabbi
Moshe Feldman.
Apparently, one of Likud's
commitments to the Or-
thodox was to kill the
human rights bill.
The bill was presented by
Shinui's Amnon Rubinstein.
But in doing so, he made it
clear that the measure is, in
fact, a precise duplication of
a bill which the government
itself was intending to place
on the agenda, after lengthy
deliberation in the Min-
isterial Legislation Corn-
mittee.
Rubinstein explained that
he was presenting the bill
now as a private member's
measure, because he feared
foot-dragging in the
government for party-
political reasons.
Justice Minister Dan Me-
ridor, speaking for the
government, said the bill
tried to take account of Or-
thodox sensitivities. He said
the Likud left its members to

.

vote according to their own
consciences.
Labor required all of its
members to support the
measure.
The bill opens with a
declaration that "the rights
of man in Israel are based on
the recognition of the value
of man, of the sanctity of life
and of his being a free man,
and they will be honored in
the spirit of the Israeli
Declaration of In-
dependence.
Meridor and Rubinstein
told the Knesset that they
were prepared to include in
this declarative preamble
the verse in Genesis that
"man is created in the image
of God."
The practical provisions
assert equality regardless of
religion, race, etc., and
guarantee all the basic
rights and freedoms, in-
cluding movement, faith,
expression, creativity, pri-
vacy, access to the courts,
property, employment,
assembly, organization,
presumption of innocence,
invalidity of retroactive
criminal legisation.
Paragraph 19 provides:
"Human rights will not be
infringed, other than by a
law that accords with a
democratic state, and only in
the required measure."
The bill goes on to create a
special constitutional court,
comprising seven High
Court justices, that would
rule in cases where there is a
prima facie conflict between
other specific laws or regula-
tions and this human rights
law.
The Orthodox parties fear
that this court, working
under the provision of
Paragraph 19, could over-
turn existing or future
pieces of religious legisla-
tion, on the grounds that
they are not in accordance
with the norms of a
democratic state.
Agudah's Avraham Ver-
diger argued from the
rostrum that the proposed
bill opens the way to:
• the election of a non-
Jewish president, or the ap-
pointment of a non-Jew to
the post of chief of staff;
• the election of non-
Orthodox rabbis to official
rabbinic positions;
• Sabbath desecration,
even in Orthodox districts,
under the freedom of move-
ment provision of the law.
He and other MKs insisted
that the law could be inter-
preted as contravening the
Law of Return,

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THE DETROIT JEWISH NEWS

25

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