rights

Publications Regarding rights

Articles

Op-ed

Privacy in a Digital World

Technological progress has created a situation of severe tension and incompatibility between the right to privacy and the extensive data pooling on which the digital economy is based. This development requires new thinking about the substance of that right.

Op-ed

The Crossroads between Ethics and Technology

"Israel and other Western Democracies must carefully consider the negative ramifications of excelling in technology while disregarding moral and ethical questions." Read Dr. Tehilla Shwartz Altshuler's latest in Techcrunch

Article

House Demolition at the Israeli Supreme Court: Recent Developments

In its fight against terrorism, Israel has often been proud of its ability to effectively fight terrorism, while remaining faithful to democratic principles. House demolitions were always considered a necessary evil, which could be resorted to in very exceptional circumstances - are we now facing populist trends that runs contrary to the traditional ethos of subjecting counterterrorism policies to rule-of-law constraints.

 

Op-ed

In Grand Debut, Israel's Nation-state Law Reveals Its Ugly True Colors

The deputy president of the Jerusalem District Court inaugurated the Basic Law on Israel as the Nation-State of the Jewish People, issuing the first verdict based on it -  imposing punitive damages on Hamas for the severe post-traumatic stress suffered by a Jewish Israeli wounded in a terror attack in Tel Aviv in 1998. 

 

Press Release

Proposed Facebook Bill - Dangerous Legal Precedent


Proposed Facebook bill circumvents standard legal procedure and threatens to transform Israel into a world leader in repression of free speech

Op-ed

‘Special Interrogations,’ Confessions and the Duma Arson Attack

The Lod district court decision illustrates the possible dangers to criminal defendant’s human rights though the expanding defense of necessity and the lack of separation between the preventive and criminal phases of the investigation.

Article

Supreme Court Dismisses a Petition Against Gaza Rules of Engagement

The Supreme Court of Israel recently dismissed a petition against the rules of engagement governing use of force by the Israeli security forces in the violent clashes in Gaza

Article

It’s Time to Stop the Use of Administrative Detention in Israel

Is administrative detention an appropriate response to Jewish terror such as the events in Duma? Dr. Amir Fuchs argues that there is no justification for administrative violations of a person’s freedom except for in concrete emergencies in which criminal law would be impossible to apply.

In the land of hidden legislative aims: HCJ 8665/14 (detention of asylum-seekers in Israel- Round 3)

IDI researcher Dr. Ruvi Ziegler appraises the judgment of the Israeli Supreme Court in the third round of constitutional challenges to legislation authorizing detention of asylum-seekers in Israel. He critiques the judicial assessment of explicit and hidden legislative objectives, the role of international refugee law in the decision, and the normative question of irregular entry of asylum-seekers, and highlights legal challenges concerning the removal of asylum-seekers from Israel to third states.

Op-ed

The Loss of Naïveté: The Impact of the Withdrawal from Gaza on Religious Zionism

Ten years after the disengagement from Gaza, Yair Sheleg, head of IDI's Religion and State program, explores the impact of the withdrawal from Gush Katif under the leadership of Ariel Sharon on the Religious Zionist community in Israel. 

Op-ed

High Time for a Fair Israeli Asylum Regime

As World Refugee Day approaches, Dr. Ruvi Ziegler argues that it is high time for Israel to adopt a fair asylum policy that would mitigate the predicament of Eritrean and Sudanese nationals.

Op-ed

Override: A Serious Blow to Democracy

Dr. Amir Fuchs argues that an override of Supreme Court decisions should be stoutly resisted by democrats from all parts of the political spectrum.

Op-ed

Detention of African Asylum Seekers in Israel: Welcome to Round Three

On December 8, 2014, just before the Knesset dissolved itself to prepare for early elections, it enacted the Law for Prevention of Infiltration and Ensuring the Departure of Infiltrators from Israel. IDI's Dr. Reuven (Ruvi) Ziegler reviews this development.

Op-ed

Overriding the Supreme Court: A Breach in the Wall of Democracy

Dr. Amir Fuchs discusses the proposal to add an override clause to Israel's Basic Law: Human Dignity and Freedom that would enable the Knesset to bypass the High Court and deal a a severe blow to the main safeguard of human rights and minorities in Israel.

Op-ed

A Betrayal of International Law

In a Jerusalem Post op-ed, Prof. Mordechai Kremnitzer argues that by breaching their responsibility to be impartial, the  UN Human Rights Council and its commission for investigating alleged war crimes in Gaza are betraying international law, even if unintentionally.

Article

Second Strike and You Are (Finally) Out? The Quashing of the Prevention of Infiltration Law (Amendment No. 4)

IDI Researcher Dr. Reuven (Ruvi) Ziegler presents a brief overview of the Israeli High Court of Justice's decision to strike down Amendment No. 4 of the Prevention of Infiltration Law, and explores several themes that may be of comparative constitutional interest. 

Op-ed

The Admissions Committees Ruling: A Lack of Ripeness or Refusal to Decide?

Dr. Amir Fuchs discusses the Israeli High Court of Justice's decision to uphold the "Admissions Committees Law," which allows small communities to reject applicants due to a lack of social suitability. 

Op-ed

On Intermarriage, Judaism, and Democracy in Israel

Rabbi Dr. Benjamin Lau shares thoughts on the tension between Judaism and democracy, in response to the public protests against the marriage of a Jewish woman who converted to Islam and an Israeli Arab. 

Op-ed

Education for Democracy as a Remedy for Violence

Attorney Amir Fuchs asserts that educating Israeli students regarding democracy and civics from a young age and throughout their education is the best way to prevent hatred, violence, and racism.

Op-ed

John Doe v. Jane Doe: Several Comments on the Privacy Revolution of Noam Solberg

IDI Researcher Dr. Tehilla Shwartz Altshuler analyzes a Supreme Court ruling that recalled a book and struck a balance between the right to privacy and the right to freedom of expression, and discusses larger questions of privacy in the digital age.

Op-ed

Ultra-Orthodox Integration: It Takes Two to Tango

In an op-ed in Ynet News, IDI researcher Dr. Haim Zicherman discusses the steps that Israeli society must take in order to enable ultra-Orthodox men to integrate into the Israeli army and workforce.

Op-ed

My Jerusalem: Thoughts for Jerusalem Day

IDI Vice President Prof. Mordechai Kremnitzer shares thoughts on Jerusalem, which symbolizes what is most beautiful and exalted in Jewish culture: the commitment to law and morality, to justice and mercy.

Op-ed

The Prevention of Infiltration Act in the Supreme Court: Round Two

IDI researcher Dr. Reuven (Ruvi) Ziegler explains why he believes the Supreme Court should overturn Amendment No. 4 of the Prevention of Infiltration Act just as it invalidated its predecessor.

Op-ed

On Leadership and Responsibility: The Lessons of the Purim Story

Rabbi Dr. Benny Lau and Shira Ruderman, Israel Director of the Ruderman Family Foundation, share thoughts on the Purim story, leadership, responsibility, and repair of the world.

Op-ed

Who is Responsible for Finding a Solution to the Plight of Mesoravot Get?

Prof. Shahar Lifshitz outlines what halakhic authorities and the Knesset can do in order to resolve the issue of get refusal, as discussed at the Second Agunah Summit.

Policy Statement

Civil Unions for All

Prof. Shahar Lifshitz explains why IDI's proposal for civil unions, which was first presented in his IDI policy paper The Spousal Registry, is the best solution possible today for alleviating the distress of couples who cannot or do not want to marry in a religious ceremony in Israel.

Article

Do You Have to Earn Dignity?

Is dignity something that must be earned? Prof. Tamar Hermann, Head of IDI's Guttman Center for Surveys, explores this question, as IDI's Israel Speaks project assembles 200 citizens to begin drafting a Declaration of Human Dignity.

Op-ed

Non-Jews in a Jewish State: Searching for a New Paradigm

In an article in The Jewish Week, Rabbi Dr. Kalman Neuman of IDI's Religion and State project examines some of the thorny questions of Jewish law when it comes to non-Jews in a Jewish state.

Op-ed

Human Rights under Attack

IDI Researcher Attorney Amir Fuchs discusses two indirect threats to human rights in Israel: attacks on the Israeli Supreme Court and attacks against Israeli human rights organizations.

Op-ed

Organized Criminals Today, Everyone Else Tomorrow

In an op-ed in Haaretz, Attorney Lina Saba-Habesch warns that extending the use of administrative detention to apply to suspects in cases of organized crime could lead to the use of this extreme method, or of other extreme methods, in combating other forms of crime.

Op-ed

Using Administrative Detention to Combat Organized Crime

Aviad Ben Yehuda discusses the problematic nature of the proposal to extend the use of administrative detention in Israel from the war on terror to the war on organized crime.

Op-ed

Prof. Mordechai Kremnitzer Speaks Out on Using Administrative Detention in Cases of Organized Crime

IDI Vice President of Research Prof. Mordechai Kremnitzer responds to the possibility that the police will use administrative detention to combat organized crime, much in the manner as it is used to combat terrorism. 

Op-ed

Regulating Bedouin Settlement: A Disengagement Plan for the Negev

Ronit Levine-Schnur analyzes the Bill to Regulate Bedouin Settlement in the Negev 5773–2013, warns that it seems to be motivated by an exaggerated fear of a Bedouin takeover of the Negev, and offers an alternative approach. 

Op-ed

On the Need for Civil Unions in Israel

Rabbi Dr. Benjamin (Benny) Lau expresses support for the proposed civil union bill, which would allow couples who do not want to marry in a religious service to form a legally recognized union and be eligible for the benefits and responsibilities associated with marriage.

Op-ed

Civil Unions in Israel as a Democratic Compromise

Prof. Shahar Lifshitz, author of an IDI policy paper proposing a spousal registry as a framework for civil unions in Israel, welcomes the reintroduction of this issue to the public agenda but expresses some concern about the formulation of the current bill.

Op-ed

Blind to the Rights of the Disabled

In an article in The Jewish Week, Rabbi Dr. Benjamin (Benny) Lau calls on religious authorities who hold human rights dear to find a way to allow people with disabilities to have access to the Western Wall plaza.

Op-ed

What Can We Learn about Israeli Policy Making from the Supreme Court's Ruling on the Anti-Infiltration Law?

Attorney Talya Steiner warns that a Supreme Court's judgment that struck down an amendment of Israel's anti-infiltration law as unconstitutional points to significant flaws in Israel's process of policy-making.

Op-ed

Quashing Legislation Mandating Lengthy Detention of Asylum-Seekers

Dr. Reuven (Ruvi) Ziegler shares observations on the decision of the Israeli Supreme Court that an amendment of the Prevention of Infiltration Law that mandated lengthy detention of asylum seekers is unconstitutional.

Op-ed

No to the Separation of Religion and State in Israel

Should the American model of separation of church and state be applied to Israel? In an article in <em>The Jewish Week</em>, IDI's Yair Sheleg argues that Israel needs a unique model.

Op-ed

The Jewish and Democratic State: Zionism is Not Racism

In an op-ed in Haaretz, Attorney Amir Fuchs asserts that Israel is both the nation-state of the Jewish people and a democratic state, despite the confused Zionism of Mayor Shimon Gapso of Upper Nazareth.

Op-ed

The Return of McCarthyism—In Israel

In an op-ed in Haaretz, IDI researcher Attorney Amir Fuchs shares his thoughts on the proposed "NGO bill," which would limit donations to human rights organizations in Israel.

Op-ed

Jabotinsky's Vision of a Democratic, Jewish Nation State

In honor of Israel's 65th birthday, Attorney Amir Fuchs reflects on whether the reality of today's Israel adheres to the values and vision of early Zionist leader Ze'ev Jabotinsky.

Asylum Seekers in Israel: A Snapshot

On the occasion of International Migrants Day and an IDI roundtable on Israeli immigration policy, IDI researcher Adv. Reuven (Ruvi) Ziegler provides an overview of the treatment of African asylum seekers who have crossed into Israel via its southern border.

Op-ed

Trapped between the Fences

IDI researcher Attorney Reuven (Ruvi) Ziegler argues that the response of the Israeli government to the plight of 20 Eritrean asylum seekers trapped between the fences of the Israeli-Egyptian border tests Israel's adherence to rulings of its own Supreme Court.

Op-ed

The Amendment of the Criminal Procedure Law

In an op-ed originally published in Haaretz, IDI Senior Fellow Yuval Shany and IDI Researcher Attorney Ido Rosensweig critique an amendment that would allow interrogations of security defenders to go unrecorded, and warn that it is against public interest.

Op-ed

On an Appropriate Evacuation and Inappropriate Petitions for Postponement

Attorney Amir Fuchs responds to Research Fellow Yair Sheleg's article "Appropriate and Inappropriate Evacuation," and takes exception to some of the arguments that it raised regarding the evacuation of settlements in Judea and Samaria on the basis of property rights.

Op-ed

Appropriate and Inappropriate Evacuation

IDI Senior Researcher Yair Sheleg shares his thoughts on the differences between the evacuation of Yamit and the Sinai Peninsula in the past, and the upcoming evacuations of Migron and the Ulpana neighborhood of Beit El.

Op-ed

Is Administrative Detention the Right Tool for Fighting Terrorism?

On February 21, 2012, just before the High Court of Justice was to hear his petition, Palestinian detainee Khader Adnan agreed to end his life threatening hunger strike after Israeli authorities agreed to release him in April, at the end of four months of administrative detention. Attorney Elad Gil explores basic questions about the use of administrative detention in Israel and highlights lessons learned from the Adnan affair.

Op-ed

Say No to the Boycott Bill

In an op-ed in Maariv, IDI Vice President of Research Prof. Mordechai Kremnitzer and IDI Researcher Attorney Amir Fuchs explain why the "Bill to Prevent Harm to the State of Israel Through Boycotts” poses a serious threat to freedom of expression in Israel.

Article

Time to Step Up for Democracy

A number of controversial bills recently tabled in the Knesset undermine basic constitutional values, add fuel to the international assault on Israel's legitimacy, and may end up damaging Israel's democratic character. In an article in The Jerusalem Post, IDI Former President and Founder Dr. Arye Carmon and Vice Presidents Professors Mordechai Kremnitzer and Yedidia Z. Stern respond to these initiatives.

Op-ed

A Matter of Definition: On ‘Infiltrators’ and ‘Asylum Seekers’ in Israel

In this article, IDI Researcher Adv. Reuven (Ruvi) Ziegler surveys Israel's regulations regarding refugees and asylum seekers and points to three areas—eligibility for asylum, the rights of asylum seekers, and detention—in which they are incompatible with the UN refugee convention.

Op-ed

Israeli McCarthyism?

In this op-ed article, IDI Vice President of Research Prof. Mordechai Kremnitzer and IDI researcher Adv. Shiri Krebs question the wisdom of forming a parliamentary commission of inquiry into the funding of Israeli human rights organizations. They warn against a slippery slope to McCarthyism and point out that the establishment of the commission, far from strengthening Israel’s legitimacy, will accelerate efforts to delegitimize Israel and prosecute Israeli officials overseas.

Op-ed

The Founding Vision: Israel as a Democratic State. Period.

The question of who is a citizen of Israel is tied to many issues in the forefront of debate in Israel. In this article, guest columnist Former MK Shulamit Aloni focuses on the democratic nature of the State of Israel, and particularly the concept of equality, as the foundation on which citizenship rests, and decries recent racist undercurrents observed in Israeli society, which she sees as contrary to the founding vision of the State.

Op-ed

From Ruth to Natasha

In this article, IDI Vice President Prof. Yedidia Z. Stern explains the current conversion crisis in Israel, reviews the evolution of attitudes towards conversion in halakhic literature over the ages, and concludes with a proposal that is compatible with Jewish law while responding to pressing contemporary needs.

Op-ed

Decade in Review: Human Rights in Israel

IDI Vice President Professor Mordechai Kremnitzer weighs in on the challenges faced by Israel's High Court of Justice, in an article that was published at the end of the third millennium as part of a collaboration between IDI and Walla!, a popular Israeli website.

Op-ed

A Privately Run Prison: Worthy Addition to Israel's Correction System

In this article, the former Director-General of Israel's Ministry of Public Security debunks the case against the proposed privatization of prisons in Israel. In his opinion, operating a prison under private management is an experiment that can actually improve prison conditions and support prisoners' rights.

Op-ed

Privatization of Prisons: The Path to a Corporate Regime

 Effi Michaeli, warns against the full privatization of prisons and argues that such a decision represents a breach of boundaries that can transform Israel into a corporate regime.

Op-ed

The Spousal Registry: Prof. Shahar Lifshitz Explains his Proposal

The regulation of marriage and divorce in Israel is perceived by many as the main obstacle in attaining a constitution for Israel. Can the Spousal Registry Law help solve the discrepancies that subsequently arise? Dr. Shahar Lifshitz, author of a new Policy Paper on the topic, gives us his personal view.

Op-ed

Harmful Revolution: The Nation-State Bill’s Assault on Equality

Israelis must unite around a balanced arrangement that asserts that Israel is the nation-state of the Jewish people that guarantees equality for all its citizens.

Books