On 26.4.06 the Jerusalem District Court accepted a petition submitted by ACRI and ruled that the Ministry of Education and the Jerusalem municipality must exercise the authority granted to them by law to prevent all forms of ethnic discrimination in the ultra-orthodox seminaries of “Beit Ya`acov”. Justice Yehudit Tsur stated in her ruling that the findings presented by ACRI raise a real fear of ethnic discrimination in the acceptance procedure for students to the prestigious seminaries named in the petition. She further emphasizes the fact that as such discrimination is explicitly prohibited by law, the authorities – the Ministry of Education and the Jerusalem municipality – must immediately establish “a supervisory system that will be active, effective, transparent, and that will act in real time to eradicate any hint of illegality in general, and discrimination on the basis of ethnic origins in particular”. “Such a system” the ruling goes on to say, “must include the creation of equitable and professional criteria by which ultra-orthodox educational institutions will operate during the process of accepting and registering students”. It would be appropriate, the justice adds, that the supervisory system adopted by the Ministry of Education be outlined in a detailed and organized document, which should be distributed, as an obligatory regulation, to educational institutions, and be made available to the public. Finally, the justice ordered the appellants, The Ministry of Education, the Jerusalem municipality, and three seminars of “Beit Ya`acov” to pay legal costs of 30,000 NIS.
The ruling that was issued in response to the petition that was submitted by ACRI two months ago called for a cessation of the ethnic discrimination exhibited during the reception process to three of the Beit Ya`acov seminars. Evidence of this discrimination was provided by an accumulation of evidence pointing to the existence of a 30% quota for the acceptance of Jewish students of eastern origin (herein Mizrahi). ACRI Attorney Lila Margalit, who submitted the petition, asked, in the petition, that the court order the aforementioned authorities to exert their authority – each within their own field of expertise – to actively supervise the selection and the systemic process for accepting and registering students to the educational institutions, and that the allocation of funding be conditioned on the institution`s adherence to the legal guidelines regarding the prohibition of discrimination. In the petition, Attorney Margalit further notes that this severe case of ethnic discrimination impacts on hundreds of students who apply to these three prestigious seminars for girls, and that the decision by the municipality to close its eyes to this practice conveys a silent complicity that results in the severe violation of the rights and dignity of these students.
Over the last few years ACRI has received a series complaints and information relating to the phenomenon of ethnic quotas for individuals from the ultra-orthodox sector of Jerusalem, from both Mizrahi and Ashkenazi (European Jewish) Jews. The complainants pointed to a failure on the part of the municipality and the Ministry of Education to exercise their legal authority, which in turn is interpreted as a tacit agreement to a continuing policy of discrimination. Attorney Margalit emphasizes in the petition that the readiness of the petitioners to expose their grievances to non-orthodox bodies, is not insignificant, especially when one considers the negative social implications that are liable to result from their actions, in particular the fears of the students and their parents who remain dependent upon these same educational leaders and educational institutions that are promoting these discriminatory policies. As defined by one of the complainants who sent an anonymous letter to the Director of the Ministry of Education on the issue, “the situation is delicate, and anyone who exposes themselves or openly fights will suffer, as will his family and children…” Because of this fear of exposure to external bodies, the petition was submitted in the name of ACRI.
One of the individuals who appealed to ACRI described how a mother who called one of the seminars to inquire as to when the registration process begins, was asked her family name. When she gave her name, which is clearly Mizrahi, she was given the reply, “no you are not suitable for our seminar”. In another instance, the caller stated, the seminar director “admitted” in front of a parent that his Mizrahi quota had been filled and the registration was only open to Ashkenazis. The 2003-2004 municipal comptrollers report also raised a suspicion of the existence of illegitimate and illegal considerations [in the application process], based on ethnic discrimination. Despite statements made by the comptroller, the petition adds, the municipality and the ministry did nothing find a comprehensive solution to the problem, and have not even utilized the supervisory powers at their disposal. Attorney Margalit further states that the system of ethnic quotas violates the right of the Mizrahi students to equality and education, and contravenes their right to dignity, through the resultant humiliation. Such discrimination is unacceptable and illegal and violates the well-being of the girls and their rights, and the relevant authorities must therefore exercise the authority they have been granted to rectify the situation. As previously mentioned, the court accepted these claims and ruled that the authorities must undertake close supervision of the registration process for new seminar students.
last updated : 09/05/06
