On August 26, the Supreme Court ordered the Education Ministry to find an immediate solution ahead of the new academic year for a school in Shoafat, located next to a polluting factory. The justices stated that it would be considered intolerable to open the school next week under the current circumstances. In its ruling of the appeal made by ACRI and partner organization Adam Teva V’Din-Israel Union for Environmental Defense, the court proclaimed:
“It is unacceptable to conduct studies in a setting that does not uphold basic health requirements. It is unreasonable for a school to be located in the close vicinity to a polluting metal factory. At this point in time it is obvious that although pollution level regulations have not been violated – pollution still exists”.
The Supreme Court justices overruled an earlier decision by Judge Noam Solsberg of the Jerusalem Administrative Court, stating: “A willingness to continue exposing children to the harms caused by inhaling pollution, even for just one day, is an unreasonable decision which must be overturned”.
The original petition was submitted in September 2008 by ACRI and IUED on behalf of the local parents’ committee, demanding that the Jerusalem Municipality find an alternate location for the Shoafat Boys’ School located in a converted goat pen and next to a metal factory in the neighborhood of Ras Hamis.
Israel’s Health Ministry and ACRI, on visits to the school, both found that because of health and environmental risks, the building is not suitable to house a school. In addition, pupils complained of strong headaches, vomiting and dizziness, and a pungent scent of metal. Despite these alarming findings, the Municipality decided to continue to conduct classes in the building for the entire school year.
ACRI Attorney Tali Nir said in response to the Supreme Court decision: “We are hopeful that the Education Ministry and Jerusalem Municipality will make use of the week left before the start of the new school year to find a suitable place for these children to learn. One wonders whether the authorities would have dared treating Jewish children from West Jerusalem in a similar manner”.
