ACRI submitted a request to the High Court of Justice to join as an Amicus Curiae (‘Friend of the Court’) in a petition of the National Parents’ Association and partners against a tender of the Education Ministry granting a private medical company responsibility for providing first aid services in schools. ACRI stressed the State’s accountability in acting as a regulator whenever privatization of public services is put into action, particularly when crucial services are provided for vulnerable groups such as school students.
In 2007, the High Court of Justice handed down a ruling allowing for the privatization of first aid services in the education system. In light of the significance of these services and the consequences they may bear, the Court ruled that the first year during which the new arrangement will be put into place must be considered a trial period. During this time, the Court stated, the Education Ministry will be responsible for setting up a monitoring committee. The committee would be accountable for examining the needs of schools and checking whether Magen David Adom (MADA), which was to provide the services during the trial period, was meeting those needs. Unfortunately, not only did the Education Ministry neglect this responsibility and fail to carry out proper monitoring steps during the first year of operation, the Ministry also went ahead and published a tender so as to continue this arrangement. The tender was won in 2008 by Natali Seculife, a private company that provides emergency services nationwide.
Attorney Michal Pinchuk wrote: “In the past two decades we’ve witnessed widespread privatization of public welfare services. Often these start out as an experiment, while the authorities make an a priori commitment to conduct a thorough examination of the needs of the system and the ability of the private organization or company to fully meet these needs. Yet recent findings show time and again failures on the part of the establishment to truly and professionally adhere to its obligations as a supervising body, especially during trial periods.
“The Education Ministry’s decision to proceed with the privatization of first aid services without formulating a suitable monitoring system, and while refraining from acknowledging a trial period, is unreasonable and therefore should be considered a violation of the Ministry’s obligation to care for the students’ health and well-being”.
Pinchuk added that the High Court’s ruling on this matter is expected to impact “not only the parties present in the courtroom but will also shape the authorities’ future conduct in other areas where public services are privatized”. ACRI continuously works to ensure privatization of public services is conducted in a manner which upholds the social and economic rights of every citizen and resident of Israel, a constant reminder for the authorities that the public’s needs and rights take priority over private profit-making interests.
