Examples of Hiddush’s legal moves in recent days

Hiddush takes on enlistment and the IDF

In recent weeks, Hiddush has been dealing intensively with a number of issues related to enlistment and the army, some of which have already matured to the point of filing lawsuits, some of which are follow-ups on Hiddush’s past litigation, and in some cases we are going through the legal pre-litigatory steps that will allow us to pursue litigation in the future if necessary.

13/08/2020 22:58

Tags: IDF ·  legal action ·  legal activism

IDF marksmanship training, source: Wikipedia

As we have emphasized, many of the Coalition’s political moves can be explained by understanding the priorities of the ultra-Orthodox sector, including, first and foremost, the issues of enlisting yeshiva students into the IDF and State funding for yeshivas and other ultra-Orthodox educational institutions. Not surprisingly, therefore, these issues [as well as their demands regarding Shabbat and “Who is a Jew”] have already contributed to toppling previous governments and forcing new elections.

In recent weeks, Hiddush has been dealing intensively with a number of issues related to enlistment and the IDF, some of which have already matured to the point of filing lawsuits, some of which are follow-ups on Hiddush’s past litigation, and in some cases we are going through the legal pre-litigatory steps that will allow us to pursue litigation in the future if necessary. Hiddush is one of the most active organizations in the battle for equality in sharing the civic burden, and in some of these issues we are the primary organization acting to safeguard Israel’s rule of law and the principle of equality.

Based upon a Supreme Court constitutional ruling, the mass exemption for tens of thousands of yeshiva students from military or national service will expire next month because it severely contradicts the principle of equality. Therefore, based upon the coalition agreements with the Haredi parties, the coalition is preparing to enact a new law in which it will try to square the circle, that is: continue surrendering to the dictates of the ultra-Orthodox parties (exempting yeshiva students from mandatory service) and, at the same time, obeying the Supreme Court's rulings on the issue of equality.

Based upon a Supreme Court constitutional ruling, the mass exemption for tens of thousands of yeshiva students from military or national service will expire next month because it severely contradicts the principle of equality.

The following are examples of Hiddush’s legal moves in recent days:

1. The Tel Aviv District Court ruled in favor of Hiddush and against the Ministry of Defense, in the Freedom of Information Petition we submitted for background material and data that was used by the special Defense Ministry Committee to create a new draft bill. The Ministry of Defense and the IDF refused to disclose this information, which is essential to assess the quality and credibility of the proposed law, anticipating the public and political debate expected in the next few months and the likelihood of additional litigation over that bill once adopted.
2. We have made it clear to the IDF and the Attorney General that another petition will be submitted to the Supreme Court within a month, for the IDF has been refraining from fulfilling its commitment to the Supreme Court, more than a year ago, to issue new regulations, “within a few months” ensuring the right of families of fallen soldiers to choose a civil or religious non-Orthodox military burial for their loved ones.
3. Hiddush prepared another petition against the IDF, in light of its continuing failure to convey to Hiddush the information we demanded, regarding the implementation of the process that was established for investigating military service exemptions granted to young women on the basis of false declarations purporting that they cannot serve due to their religious lifestyle. In the past, Hiddush had to go to Court twice on this issue, and only following our petitions were the legally required regulations enacted; and then again, to force the IDF to appoint the necessary committee to investigate and revoke exemptions in cases of false affidavits. It's been about a year since then, but despite our demands the IDF has not yet responded to us, as we monitor the implementation of these steps in reality and what has transpired since the establishment of the committee. It is difficult not to conclude that political considerations (which have in the past led to inaction in issuing the necessary regulations and in appointing the statutory Committee) continue to undermine the implementation of the law and acting in accordance with public interest.
4. Hiddush has prepared another petition regarding the IDF’s failure for years, in breach of their explicit statutory obligation, to report to the Knesset on ultra-Orthodox enlistment data and their impact on the status of women serving in the military.