Court obligates Ramle municipality to provide educational services

The Tel-Aviv-Jaffa Administrative Court accepted the petition submitted by ACRI and Karameh, and ruled that the Ramle municipality must register children residing in the Dahmash neighborhood to kindergartens and schools within its territorial jurisdiction

The organizations submitted the petition in full cooperation with the Shatil organization that operates a “Mixed Cities Project”, and in the name of children residing in the area who were suddenly denied the right to register to these educational institutions for the upcoming school year

Administrative Court Justice, Kobi Vardy, accepted the petition submitted by ACRI and the Karameh organization and ruled that the Ramle Municipality must enable the registration of the children residing in the neighborhood of Dahmash to kindergartens and schools within its jurisdictional territory, for the upcoming school year. The court also instructed the Ramle municipality and the regional council of Emek Lod, within whose territory the neighborhood is located, which is comprised of some 1000 residents, to pay the petitioners costs of 30,000 NIS. The petition, which was directed against the Ramle municipality, Emek Lod, and the Ministry of Education, and was submitted by ACRI Attorney Auni Banna, after the Ramle municipality decided, in a surprise move, with no prior warning, not to permit the registration of the children of the neighborhood (which is adjacent to Ramle) to the kindergartens and schools in the city. This was despite the fact that the children had studied in the city for many years (at least the last 10-15 years), and that it is also where the children’‘s older siblings study.

Justice Vardi emphasizes in his verdict the fact that the regional council of Emek Lod, within whose jurisdictional territory the neighborhood is located, has no Arab educational facilities that are suitable for the children, and thus, “by preventing the children from registering in the Ramle schools in such close proximity to the opening of the upcoming school year, and in the absence of an alternative school that is willing to absorb the students, something that requires in depth research and special preparation that cannot be carried out in days and /or weeks, the result will be a substantive violation of the children’‘s right to education, and that they will almost certainly find themselves with no suitable school, they will be separated from their brothers/sisters, who already learn in schools/kindergartens in the city of Ramle, and the issues will not be examined closely from a social, economic and humanistic perspective”. The Justice levied severe criticism on the Ramle municipality, and on its attempts “to determine facts on the ground and change an existing situation of many years”. As the municipality did when it decided to stop the school bus system shortly after the opening of the last school year, which transported children from the neighborhood to the schools within the jurisdictional territory of Ramle, and as it has now done again. However, as a result of another petition submitted by ACRI and the Karameh organization, the court ordered the Ramle municipality to continue the bus service for the neighborhood’‘s children.

The Ramle municipality claimed, in response to the petition, that the Dahmash neighborhood is not within its jurisdictional territory but within that of the regional council of Emek Lod, and thus is it is not obligated to provide the residents with any educational services. The regional council of Emek Lod, claimed, for its part, that the residents of the neighborhood are not registered as residents of the area, and therefore – according to statements made by the council – it is not obligated to provide any educational services.

last updated : 05/07/06

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Categories: Arab Citizens of Israel, Child Rights, Social and Economic Rights, The Right to Education, The Right to Equality

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