Voice of America
Israel's Cabinet approved a controversial loyalty oath that requires new citizens to pledge allegiance to a "Jewish and democratic" state. Prime Minister Benjamin Netanyahu said the oath reflects the essence of the State of Israel. Critics countered that it would widen the existing gap between Jews and Arabs.
Mr. Netanyahu told the Cabinet that many in the world are trying to blur the connection between the Jewish people and their national homeland. He said Israel is the only democracy in the Middle East and there is no other Jewish state in the world. "Those who wish to join us must recognize this," he said.
The bill, which must be passed by parliament to become law, is largely symbolic because it only applies to new citizens. But Israeli Arabs, who make up 20 percent of the population, and who tend to identify with their Palestinian brothers, describe the loyalty oath as racist.[...]
Israel's Cabinet approved a controversial loyalty oath that requires new citizens to pledge allegiance to a "Jewish and democratic" state. Prime Minister Benjamin Netanyahu said the oath reflects the essence of the State of Israel. Critics countered that it would widen the existing gap between Jews and Arabs.
Mr. Netanyahu told the Cabinet that many in the world are trying to blur the connection between the Jewish people and their national homeland. He said Israel is the only democracy in the Middle East and there is no other Jewish state in the world. "Those who wish to join us must recognize this," he said.
The bill, which must be passed by parliament to become law, is largely symbolic because it only applies to new citizens. But Israeli Arabs, who make up 20 percent of the population, and who tend to identify with their Palestinian brothers, describe the loyalty oath as racist.[...]
http://www.duelfa.com/wp-content/uploads/2010/09/no-israel-723x1024.jpg
ReplyDeleteIsrael's Declaration of Independence, promulgated at the termination of the British Mandate in 1948, guarantees freedom of religion and equality of social and political rights irrespective of religion.
ReplyDeleteAlthough the Declaration itself does not confer any legally enforceable rights, the High Court has held that "it provides a pattern of life for citizens of the State and requires every State authority to be guided by its principles.
To support the fundamental existence of the right of freedom of conscience and religion, the courts have also relied on the fact that Israel is a democratic and enlightened state. In one significant court decision, Justice Moshe Landau stated:
"The freedom of conscience and worship is one of the individual's liberties assured in every enlightened democratic regime."
In dealing with questions of religious freedom, as well as other human rights, the courts have also resorted to the Universal Declaration of Human Rights and the International Covenant on Political and Civil Rights that reflect "the basic principles of equality, freedom and justice which are the heritage of all modern enlightened states."
In doing so, the courts have required that two conditions be met: that the principle in question is common to all enlightened countries, and that no contrary domestic law exists. In this regard, Justice Haim Cohn has said:
"It is decided law that rules of International law constitute part of the law prevailing in Israel insofar as they have been accepted by the majority of the nations of the world and are not inconsistent with any enactment of the Knesset (Parliament). The principles of freedom of religion are similar to the other rights of man, as these have been laid down in the Universal Declaration of Human Rights, 1948, and in the Covenant on Political and Civil Rights, 1965. These are now the heritage of all enlightened peoples, whether or not they are members of the United Nations Organization and whether or not they have as yet ratified them. . . for they have been drawn up by legal experts from all countries of the world and been prescribed by the [General] Assembly of the United Nations, in which by far the larger part of the nations of the world participates".
Justice Landau also emphasized the right of freedom of conscience:
"Every person in Israel enjoys freedom of conscience, of belief, of religion, and of worship. This freedom is guaranteed to every person in every enlightened, democratic regime, and therefore it is guaranteed to every person in Israel. It is one of the fundamental principles upon which the State of Israel is based… This freedom is partly based on Article 83 of the Palestine Order in Council of 1922, and partly it is one of those fundamental rights that "are not written in the book" but derive directly from the nature of out state as a peace-loving, democratic state6'… On the basis of the rules – and in accordance with the Declaration of Independence – every law and every power will be interpreted as recognizing freedom of conscience, of belief, of religion, and of worship"
it might be of interest that Hosein lives in Iran
ReplyDeleteI can see where one might find the oath racist. Not in the oath of recognizing Israel as the Jewish state per say but the fact that only non Jews will be required to take it. I understand that they cannot require Jews to take the oath because Jews are already granted automatic citizenship under the law of return.
ReplyDeleteRav Eidenson, what is your take on this mohel issue that has come up? Apparently there is a fracas because a civil liberties organization wants the rabbinate to disclose a list of mohels who have been injurious or neglectful for the public benefit. It seems that the rabbinate is reluctant to publish the list. Here is the link for what it is worth.
ReplyDeletehttp://www.ynetnews.com/articles/0,7340,L-3966968,00.html
What would the issues here? Would it be protecting the domain of beit din? Parnassa protection issues or both?
I am astonished at the whole "Swearing" thing.
ReplyDeleteI thought that halacha strongly disapproves of swearing (for fear that the oath could not be fullfilled).
So how does Israel have its citizens swear anything, while jews all over the world try to get exempted from swearing in their countries?
An oath of loyalty to America is required (among other things) for any foreigner to receive American citizenship. Is that racist too?
ReplyDeleteNo amount of sophistry is going to change the basic reality that all states require loyalty as a precondition for citizenship. Don't like it? LEAVE. And take up residence elsewhere, may God help you.
Everybody know that we fool the governments by deforming the oath words, unless we would be endangering ourselves by doing so, in which case, we swear no problem, but don't mean it and are not bound by it. I am sure the nonjews of all religions and those who have none, will have similar instructions by their teachers or parents. And if not, they will think themselves and quickly reach the same common-sense conclusions.
ReplyDeleteOf course they only demand it from nonjews! It's obvious that lots of Jews would refuse.
How about counting the number of mosques in Israel, and the number of shuls in each of the Muslim countries. Then we can discuss whether Israel as a Jewish state is racist, or is discriminatory. Let's see the numbers first.
ReplyDelete