The European Court of Human Rights’ ('ECtHR') use of proportionality and balancing is inconsistent and does not provide clear guidelines from which policies can be drafted such that those policies can strike a fair balance between individual rights and public interests while not impairing the essence of the rights at stake. While ad hoc and unprincipled balancing may be justified on a theoretical level, on a practical level, a policymaker seeking to understand which rights’ interferences constitute clear violations under the European Convention on Human Rights ('ECHR') is left puzzled.
Those who get their information about Israel from the outside, might think the situation in Israel is not so great. But inside Israel, citizens are fairly proud, unified and optimistic.
The author proposes a number of policy recommendations that could help Israel’s Arab population, and could be applicable to any society that suffers from socioeconomic segregation and related challenges. This article was first published by Jmore.
Israel has been in a state of emergency since 1948. But the nature of the threat has changed over-time—from full-scale military invasions to isolated airplane hijackings, from suicide bombings to missile attacks, and most recently, cyber and lone wolf terrorism.
These ever-evolving threats necessitate new responses and strategies.
The ruling by the European Court of Justice (ECJ) that a company is permitted to terminate its worker for wearing religious dress is a sad demonstration of the words of Ecclesiastes: “And moreover I saw under the sun the place of judgment, that wickedness was there; and the place of righteousness, that iniquity was there.”