Legal Systems and Religious Minorities - Review of a Conference in Israel

I had the privilege of attending a conference today at the Open University of Israel in Ra'anana.  The conference topic was "Legal Systems and their Approach to Religious Minorities."  This was of particular interest to me as it is the issue I was looking at as I completed my L.L.M. recently - and it is also related to the topic I'll be speaking about at a Law Society conference in Toronto next week.  The conference was chaired by Professor Bat-Zion Eraqi Korman, the Director of the Center for the Study of Jews, Christians and Muslims.  It was also described as an appropriate way to mark a milestone birthday of Lord Harry Woolf, the outgoing Chancellor of the Open University, the former Lord Chief Justice of England and Wales and the first speaker at the conference.

Lord Harry Woolf

Lord Woolf led off the conference with a discussion of the importance of the "Rule of Law" in a democratic society.  He highlighted the importance of the British and Commonwealth contributions to the concept, which, in his view, includes protection for the basic rights of all citizens, an independent court system, independent judiciary, and the protection of the rights set out in the U.N.'s Declaration of Human Rights.  Lord Woolf also spoke about access to justice, a key component of  a Rule of Law society, and one which he has fought vigorously to advance in the U.K.  Lord Woolf only touched briefly on some of the contentious issue, but suggested that there will be interesting, vigorous debate in the near future as the U.K. wrestles with issues of assisted suicide for terminally ill patients and the issue of same-sex marriage (as opposed to same sex "unions" or "partnerships.").

Next up was one of Israel's most respected jurists, Professor Aharon Barak.  Professor Barak, now a

professor at the Interdisciplinary Center in Herzliah is a former President (Chief Justice) of the Israeli Supreme Court, a former Attorney General of Israel, and a former Dean of the Law Faculty of the Hebrew University.  As President of the Court, Justice Barak was known for running an activist court that greatly expanded the scope of the judicial review powers of the Israel Supreme Court.  Under Justice Barak, the Supreme Court elevated and expanded Israel's "Basic Laws" to a constitutional (or, at least, quasi-constitutional) status, creating along the way a "constitutional revolution" as it has been described by Justice Barak.

At this afternoon's lecture, Professor Barak discussed the topic "Israel as a Jewish and Democratic State."  He advanced a liberal notion of Zionism, which emphasizes the concept of Israel as a national homeland for the Jewish people, but also incorporates the notion of Israel as a demacratic state - a nation governed by the Rule of Law in which all of its citizens, Jewish, Muslims, Christians and others are treated equally.  Barak cited the idea of universalist halachic ideas that could be viewed as part of Jewish values including the prescription to "love your neighbour as yourself" and "do that which is honest and good."  His discussion was thought provoking, though he encountered some challenges in trying to defend the lack of separation between Church and State (Synagogue and State, in Israel).  He noted that he would not countenance such a separation and did not think it was necessary for the preservation of Israel as a democratic state.  It seems to me that there may well be a number of members of the Yeish Atid party who would beg to differ and perhaps, justifiably so.  It remains to be seen how far the current government will go in breaking down some of these walls or, perhaps, putting up some new walls.

Professor Barak also wrestled, perhaps somewhat uncomfortably, with the issue of the Law of Return, though I thought he explained it admirably as a form of affirmative action, designed to ensure that Israel continues to be a safe haven and home for the Jewish people, even as the country offers and should offer full equality within its boundaries for all of its citizens.

The third speaker, and unquestionably the most animated and controversial of the afternoon was

Professor Michael Karayanni

Professor Michael Karayanni, who provided an Israeli-Arab perspective on the issues of multi-culturalism in Israel.  He offered the thesis that Judaism is, essentially, the state religion of Israel.  (This led to some subequent vigorous exchanges between Karayanni and Barak).  Moreover, he argued that the courts have, at times, taken "liberal" approaches when challenging Jewish Orthodoxy, on behalf of other Jews, but have ceded great swaths of legal territory to minority religious institutions as group rights.  The result has been that members of minority religious groups are subject to illiberal domination of certain spheres of life by religious institutions which have been ceded to them by the Isaeli legal system under the auspices of empowering minorities.

Professor Karayanni's attack on the manner in which the laws of marriage and divorce are regulated by religious authorities in Israel is hard to refute.  The notion that all Israelis, regardless of whether they happen to be Jewish, Christian, Muslim or atheist, should be required to submit to religious authority for the determination of any personal status issues is anethema to the rule of law.  But Professor Karayanni also attacked the unfairness of the Law of Return, from an Israeli Arab perspective.  While he is correct  in observing that the Law of Return means that all citizens of Israel are not treated the same - he overlooks the notion of the Law of Return as a type of justifiable affirmative action program as explained by Professor Barak.  Admittedly, he would argue that he was being descriptive rather than normative but his arguments seemed to veer over to the prescriptive rather than descriptive side. 

Nevertheless, it was Professor Karayanni who clearly provoked the most heated exchanges, both in support of his views and against, by questioners from the audience as well as Professor Karayanni's fellow panelists, Professor Barak in particular.

Finding a way to reconcile the idea of Israel as a Jewish State with the notion of Israel as a democratic state is one of the key challenges that Israel faces.  Over the past number of years, the power of the Rabbinate has increased and legislative changes have tilted the country towards a heightened Jewish character, sometimes at the expense of the latter concept.  It remains to be seen whether the current government will begin to tilt the playing field back in the opposite direction.  Early indications which include a decision, announced today, to provide state funding to non-Orthodox rabbis as well as Orthodox, suggest that there is hope that the notion of Israel as a democracy will be strengthened by this government, if some of its ministers have their way.

The centrality of this issue in Israel is what made today's conference so relevant and interesting.

Latest Developments: Religous Pluralism at the Kotel

There have been a number of exciting developments in the fight for religious pluralism and equality at the Kotel in Israel.  This may signify the start of significant change in Israeli society in the way in which religious affairs are administered.  For many Israelis and Jews around the world, these changes would be very welcome and long overdue.

One major event was an historic, precedent setting court ruling in April.  A number of women were arrested for "disturbing the peace" for wearing tallitoth (prayer shawls) and tefillin (phylacteries) in the women's section of the Kotel in April, 2013.  Arrests like this had been commonplace for the past few years, with the police generally carrying what they viewed to be their interpretation of an Israeli Supreme Court ruling from a number of years earlier.  However, on this occasion, the Israeli court held that there was no basis for charging women with "disturbing the peace" for praying out load in the women's section of the Kotel while wearing tallithoth and tefillin.  This New York Times article discusses the court ruling.

The result of that court ruling was a planned, large scale Rosh Hodesh service in the women's section for this past Friday (May 10, 2013).  Knowing that the police would no longer be arresting women for "disturbing the peace" when holding a prayer service, various Haredi leaders publicly called for their followers to show up at the Kotel and protest the women's prayer service.  The result was a violent clash in which Haredi women and men threw garbage, water and other objects at the women as they prayed.  Israeli on-line news source YNet covered the story here. Three ultra-Orthodox students were arrested and the police, for the first time in years, actually protected the women rather than the Haredi demonstrators.  Finally, those who were really disturbing the peace were the ones arrested.

This story comes on the heels of various announcements indicating that the Israeli government is close to a deal that  will see the Kotel expanded to include a section for mixed prayer (men and women together).  The Kotel now only includes separate sections and women are currently not permitted to bring a Torah scroll to the women's sided.  Natan Sharansky, chairman of the Jewish Agency and the person charged with coming up with a solution to this issue, has said that the first stage of his Kotel renovation project could be completed within 10 months.  This will be a tremendous move towards accommodating different types of religious practises in Israel and may will signify a change in attitude in Israel towards non-Orthodox Jewish religious groups and movements.

Religious pluralism is an issue that is important to Minister Yair Lapid, who holds significant power in the current coalition government.  So it is not a huge surprise that some things are beginning to change.

Even among many Masorti Jews, there are differences of opinion about how the Kotel should be administered.  At our shul, a fully egalitarian Conservative congregation, we had quite a heated debate a few weeks ago over the issue of whether the Israeli government should impose a pluralistic solution at the Kotel itself.  I personally see no reason why we could not divide the Kotel into three instead of two, with "his, hers and ours" sections.  This would be a compromise that should be equally unsatisfactory for almost everyone - the hallmark of a good compromise.

Some argued that since this is such a holy site, it should be administered in ultra-orthodox fashion.  This makes little sense to me.  The Kotel is not a small ultra-orthodox shul.  It is a signficant, symbolic, national-historic religious site.  It should be accessible to all.  The notion that women could be arrested for "disturbing the peace" for wearing a Tallith or for singing out loud in the women's section at the Kotel is just plain ridiculous.  Similarly, the notion that Conservative or Reform groups cannot hold prayer services at the Kotel is also wrong-headed and too exclusionary.

But Israel now seems headed in a different directon on this issue and that may signify upcoming changes in other areas of religious pluralism in Israel.  Stay tuned as this is certain to create lots of controversy.

Lag B'Omer 2013 - Bonfires Everywhere!

Lag B'Omer Tali School Ra'anana April 26 2013

Saturday night marked the Jewish holiday of Lag B'Omer - the 33rd day of the Counting of the Omer in Israel, the counting of which culminates in the holiday of Shavuot which begins on the 50th day. 

Traditionally, observant Jews have marked Lag B'Omer by celebrating and gathering for large bonfires.  The holiday commemorates the death of Rabbi Shimon Bar Yochai, a 2nd century disciple of Rabbi Akiva.  It also marks the revolt by Bar Kokhba and his followers against the Roman empire.

In Israel, Lag B'Omer is one of the favourite holidays of the year for kids.  Teenagers and younger kids (and many older "kids" as well) across the country gather wood in the weeks leading up to Lag B'Omer in preparation for the huge bonfires that they create on the evening of Lag B'Omer. 

For many 14-18 year olds, this is one of the prime social events of the year.  In Ra'anana, there were bonfires being held across the city.  Groups of teenagers, sometimes as many as hundreds of kids, get together, with six or seven charcoal barbecues, enough wood to keep a fire burning all night - and plenty of excitement (and maybe some other refreshments) and hold bonfires across the country.  No adult supevision required.  No adults anywhere in the vicinity - except maybe the odd Ra'anana security official checking up to see that everything is in order (whatever that means).  The kids run the bonfire, run the barbecues, buy and cook the meat, and even clean up afterwards.  Some arrange DJs, some just bring their own music.

For the younger kids, the bonfires are more closely supervised.  The photo above was taken at the Tali school in Ra'anana, which was holding its bonfire for 6 to 12 year olds (grades 1-6) and their  parents.  There was a DJ with dancing and prizes, karaoke, some group singing led by the school music teacher and food for everyone, organized by class.  The bonfire was huge but it was carefully controlled and kids maintained a proper distance.

Here is a view of the set up for the bonfire - before it was lit.  You can see the school in the background.  This was an opportunity for Tali families to socialize across the class and grade divisions.  

Lag B'Omer is quite a fun and exciting holiday in Israel.  The spirit of the holiday spreads across the country as does the smoke from all of those massive fires.  Even the newspapers got into it.  Yedioth Achronot ran a political cartoon which featured a picture of Prime Minister Netanyahu and his wife Sarah sitting at a bonfire by themselves.  Someone asks "where is everyone?."  Someone else answers "they are all at Yair Lapid's bonfire" and there is another picture of Finance Minister Yair Lapid with a huge number of people  - dancing, singing and looking happy at a bonfire.  Quite a telling political cartoon.

Although Lag B'Omer is not a "chag" (a Jewish holiday on which work is forbidden), Israeli kids still get two days off school.  One day to prepare for the bonfires - and one day to recover from being up all night...I suppose the second day is also a day to allow all the smoke to clear.

It is a really quite a unique celebration - and one that is probably hard to imagine in most other countries.

Israeli National Ice Hockey Team Shreds Bulgaria

The Israeli national ice hockey team has secured a spot in Division II, Group A for next year's IIHF World Ice Hockey Championship with a 13-2 win today over Bulgaria.  Israeli star Daniel Erlich led the way with 3 goals and 8 assists.  Oren Eizenman also had a hat trick with 5 assists and Daniel Mazour potted 4 goals and added 2 helpers.  The Israeli team scored early and often.  This game was never in doubt, with Israel scoring its first goal only a couple of minutes into the game.  The only "close" point in the game afterwards was when Bulgaria scored late in the second period to bring the score to 5-2.  After that, the Israelis went on an all out scoring spree and never looked back.

Israel has captured first place in the tournament with four wins and no losses.  It will play Mexico in the final game of the tournament on Saturday.  Even if Israel were to lose, the worst it could do at this point would be to finish tied with China or New Zealand, both of whom Israel has already defeated.  Israel would therefore advance on the basis of tie-breaker rules.  Division II Group A opponents will include Belgium, Iceland, Austria and Serbia.  Spain will move from Group A down into Group B to take Israel's spot.  Croatia will be moving up from Division II Group A to Division I Group B after winning the Group A round robin.  Great Britain, which played this year in Division I will move down and join Israel in Division II Group A.

Israel will now be ranked #34 in the world in international ice hockey.  With its move to the next division, it will be competing against teams ranked 29 to 34, with an opportunity to move up to the 3rd best division in the world.  This is a significant achievement for the Israeli national ice hockey program though it is unlikely that the players will be mobbed at the airport by adoring fans on their return from Turkey.

 

"President Obama" Flogging McDonald's in Israel - a Must See

Check out this Israeli TV ad for McDonald's. McDonald's Israel Ad.  It's rather amusing.  If you don't want me to spoil it, watch the ad before reading any further...

The ad features a smiling likeness of President Obama saying "God bless Israel" at the end of the ad - and "God bless McDonald's Big America Meal" (one of the featured meals in McDonald's Israel).  It is being run constantly on Israeli TV.  I find it both interesting and amusing - and maybe somewhat surprising that a major corporation would use a likeness of the U.S. President in a commercial TV ad.  I'm surprised that McDonald's of Israel has not received some sort of cease and desist letter - or if they have they haven't acted on it.

I tend to doubt that President Obama authorize the ads, even though he is known to enjoy the odd stop at a McDonald's, though perhaps not as much as former President Clinton.  

Israeli National Ice Hockey Team - Big Win at IIHF Championship vs. New Zealand

The Israeli national ice hockey team had a great day today, scoring a 3-2 win over New Zealand at the IIHF World Hockey Championships in Izmit, Turkey.  Israel and New Zealand play in Division II, group B, which includes other hockey powerhouses Bulgaria, China, Mexico and Turkey.

After three games of round robin competition, Israel now sits in first place, undefeated so far.  They play Bulgaria tomorrow and Mexico on Saturday.  The winner of this tournament will move up to play in Division II, Group A at next year's IIHF tournament.

Israeli ice hockey star Daniel Erlich

In another game today, Mexico defeated Bulgaria 8-7 in a shootout.  Mexico has one loss.  However, because it won in overtime today, it will not be able to catch Israel in the standings if Israel wins one of its two remaining games.  Only New Zealand is still a threat to Israel's first place position if Israel drops its two remaining games or  even if it loses one and ties one.    A win tomorrow against Bulgaria (which is winless so far) and Israel would be almost certain to win the tournament.   

Prior to this year, the Israeli national team's best achievement was a trip to Divison I following a big win in 2005 in the Division II group A tournament.  They were quickly relegated back to Division II the following year.

Israel's current national team is coached by Canadian Jean Peron.

Israeli ice hockey star Oren Eizenman

Three of the tournament's five top scorers in this group so far are Israelis, including Daniel Erlich (of the University of Western Ontario), Oren Eizenman and Maxim Birbraer who are 2nd, 3rd and 4th respectively. 

None of this is likely to make the headlines in Israel, which is obsessed with soccer and basketball and has little time for ice hockey.  Perhaps, if Israel actually wins the tournament, there will be some press coverage.

However, with the opening of the Israel's second major ice facility in Holon, there is a real opportunity for Israel to continue to develop its ice hockey program.  Aspiring Israeli ice hockey players will be able to train in the centre of the country and will not have to travel more than 150 km to Metullah for some ice time.

Even with more ice time in Holon, the Israeli ice hockey team is not likely to threaten Canada any time soon.   But a spot in group A of Division II would see Israel play against a group of higher calibre teams next year.  The real goal would be to try to win that tournament and secure a spot in Division I for the following year.  It will take some really shifty stickhandling for Israel to score a spot in that world class Division.

Dealing with Terrorism: In the U.S. and in Israel

Boston Terrorist Incident

Israelis have been quick to send their heartfelt condolences to Americans on the occasion of last week's terrorist bombing in Boston.  Unfortunately, Israel has far too much experience in dealing with these types of incidents.  Even though this attack was reportedly carried out by two Chechens who had recently adopted a form of radical Islam, it would be quite a stretch to say that this attack has anything to do with Israel - notwithstanding the fact that at least one of the bombers reportedly yelled "Free Palestine" at some point.  The only relationship between this attack and the attacks that Israel has faced so often over the course of its history is that they are both types are cowardly, terrorist attacks designed to kill and maim large numbers of innocent civilians.

Terrorist attacks have a significant effect on the societies in which they occur.  One need only look at the level of airport security that we now all face, post 9/11, to contemplate the effects of terrorism.  In the U.S., the effect has spilled over to security at numerous events from sporting events to political rallies, with airport type security measures so often ubiquitous.  Yet, the U.S. continues to be a remarkably free country, which makes it such an easy target for terrorists and crazed mass murderers.  In fact, given that Congress recently defeated proposed gun-control legislation, it is probably still one of the easiest places in the world to purchase a weapon and commit unspeakable acts of horror.

The Boston attack had nothing to do with gun control but it was an attack that took advantage of a very free society and one that is still free from the daily struggle with security issues of the type that Israel faces.  Unfortunately, here in Israel, Israelis are constantly required to be vigilant about abandoned packages, bags and luggage.  A left back will attract immediate calls for help, calls to the police and quick area evacuations.  This is the sad legacy of numerous terrorist incidents.

Israeli Bomb Disposal Robot

A few years ago, not long after we first arrived here, our son left his school knapsack on the side of the road while playing some sports.  He forgot it there and headed home. Just minutes later, an Israeli bomb disposal vehicle arrived and tore open the knapsack.  The math books were saved, but the durable Roots bag was a distant memory.   Israelis who see an unattended knapsack or other package act quickly.  They know that lives can depend on their actions.

Just last week, while I was leaving the airport, I saw a woman leave her suitcase unattended for a very brief time.  Security personnel quickly began asking about the ownership of the bag and preparing to take action.  The woman returned and received a sharp scolding from the security officers who were ready to have the suitcase detonated.

Israelis are accustomed to facing airport style security in many places - the entrance to malls, concerts, just about any public gathering and even many restaurants and smaller facilities.  This is the burden that the society has to grapple with after so many years of terrorism.  Fortunately the number of these attacks has waned considerably in recent years but the measures are still necessary and very common. 

This same type of security challenge is one which other free, democratic countries, not only the U.S. and Canada, but numerous European countries, are likely to face increasingly over time.  The challenge for these countries, just as it is for Israel, is to find the balance between implementing sufficient security measures and placing unnecessary restraints on a free public.  It seems to me that Israel's airport security, for example, does a far better job in this regard.  There is no need for every single person to take off their shoes  and belt when travelling, just to ensure that everyone is treated equally.  This simply creates an unnecessary convenience for millions of travellers.  

On the other hand, it will certainly be a sad day in the United States and other western democracies if things get to the point where anyone wishing to enter a mall must pass through a metal detector and an airport security type station.  While that is the reality in Israel, Israelis are not wishing it on others.  On the contrary, Israelis are hoping that we will get to the point where these measures will not be necessary here.  Unfortunately, for now, it does not look like that day will arrive any time soon.