Case Number
HCJ 1067/08
Date Decided
8-6-2009
Decision Type
Original
Document Type
Full Opinion
Abstract
Facts: The Beit Yaakov Girls’ School in Immanuel is a recognized unofficial school that operates under a licence from the Ministry of Education and is subsidized by the state. In 2007 changes were made to the school, and a new ‘Hassidic track’ was introduced alongside the ‘general track.’ These tracks were completely separate from one another, and the new ‘Hassidic track’ was housed in a separate wing of the school, with a separate playground, a separate teachers’ room, a wall separating the two tracks and a different uniform from the one worn by girls in the ‘general track.’ Thus the school was effectively split into two schools.
An investigation carried out on behalf of the third respondent found that 73% of the girls in the new school (the ‘Hassidic track’) were of Ashkenazi origin (i.e., their families came from northern European countries), whereas only 27% were of Oriental or Sephardic origin (i.e., their families came from Middle-Eastern or North African countries). In the old school (the ‘general track’) only 23% of the girls were of Ashkenazi origin. Nonetheless, the investigation found no evidence that there were any girls who were refused admission into the Hassidic track.
The third respondent ordered the school to remove the physical separations between the two tracks and to eliminate the separate uniforms. However the school did not comply.
Held: The physical separation and differentiation of the two tracks was discriminatory and the school was ordered to remove the physical barriers and eliminate any indication of discrimination in the school. The Ministry of Education was ordered to ensure that the order was complied with, failing which, it should consider cancelling the school’s licence and subsidy.
Keywords
Education -- Compulsory Education, Education -- Discrimination, Education -- Right to Education
