Case Number
HCJ 2599/00
Date Decided
8-14-2002
Decision Type
Original
Document Type
Full Opinion
Abstract
Facts: The Special Education Law, 1998, provides that the State must provide special education, as per the definition of that term in the statute. Petitioners are the parents of children with special needs who are integrated into the regular educational system. They claim that that State does not provide financial aid to aid them with the expense of educating their children. Petitioners assert that this infringes their children’s fundamental rights, discriminates against them, and violates the provisions of the Special Education law.
Held: The Court held that the right to education is a fundamental right. This right is recognized by sources of Jewish law, the law of the State of Israel, international law, and the laws of foreign countries. The Court interpreted the provisions of the Special Education Law, 1998, in light of this fundamental right. It held that the State had an obligation to provide special education, free of charge, to those children with special needs who have been integrated into the regular educational system.
Keywords
Constitutional Law -- Basic Law: Human Dignity and Liberty, Education -- Discrimination, Education -- Right to Education
