Civil Liberties

In a few days, Israel's Muslim citizens will begin celebrating the month of Ramadan. While safeguarding this ritual and protecting freedom of worship, security forces will face challenges in defending public security, as this is considered a sensitive time. With the influx Israeli citizens taking part in the civilian defense squads and licensing themselves, the police must make serious efforts to ensure all Israeli citizens feel safe. 

Twenty years into the social media revolution, of which Facebook is the poster child, we need to reassess and renew our fundamental democratic principles.

During the October 7^th attacks, the home front became the front line with Israelis attacked in their own homes. This new reality led not only to a beefed-up presence of police and military forces in public spaces, but to civilian-based security initiatives in many communities. Finding the right balance between the police and civilians is imperative to providing much-needed safety and security for all Israelis.

The judicial overhaul is forcing Jewish Israelis to choose to identify, in an almost dichotomic manner with one of two camps. As they clash, the real loser is our unifying, complex, diverse, and open Jewish identity. 

The protest against the government legislation is clearly covered by the protections granted by international law to the right to assembly. The position of the Attorney General of Israel strikes an appropriate balance between exercising the right to demonstrate and protecting competing rights and interests. 

The Israel Democracy Institute’s special conference today (December 12th) focused on the implications of the proposed judicial reforms that have been proposed by members of the incoming coalition. 

The new coalition's shortage of women and its proposed High Court override clause are a danger to the struggle for gender equality in Israel.

In this edited transcript of her conversation with BICOM Director Richard Pater, Vice-President of Research at the Israel Democracy Institute Professor Suzie Navot argues that judicial reforms proposed by the right-wing bloc – to Knesset override of the Supreme Court, executive immunity, and the appointment of judges – threaten Israeli democracy and the already fragile separation of powers.

Prof. Suzie Navot sits down with Richard Pater of Bicom, to discuss judicial reform. Prof. Navot explains the background of Israel’s legal system, its uniqueness among other parliamentary democracies and the significance of potentially implementing an override clause.

The expiration of the Judea and Samaria Law will have dramatic consequences for both Israelis and Palestinians. Is there a way to bypass this expiration? Will Israelis residing in the territories be able to vote in the elections? What else is at risk?

The bill to extend the validity of regulations that apply Israeli law to Israelis living in Judea and Samaria failed to pass the preliminary Knesset plenum vote Monday - Dr. Libman explains the law's history and its implications

The new government offers a timely opportunity to review and assess Benjamin Netanyahu’s premiership in terms of its impact on Israeli democracy.

Women still constitute less than 30% of all Knesset members and the percentage of female cabinet members in the government has never risen above 23.5%

Instead of training rhetorical cannons on the court, which is doing its job in a chaotic situation, the legislature should delete Section 7A from the Basic Law. Let everyone run for the Knesset, and let those who violate criminal laws bear the consequences of their actions

The truth is that the bill was designed to castrate expression and creativity, and induce self-censorship by artists and cultural institutions.

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

Professor Yuval Shany discusses the seeming dissonance between Israel's advanced surveillance technology, the minimal restrictions on using it, and a citizenry that hardly cares– and why all this might have to change

‘The bill will harm nonprofit organizations that lend a helping hand to humanitarian purposes like assisting Syrian children’

Experience and history repeatedly teach us that what was once widely accepted as an irrefutable truth can be revealed to be a total falsehood.

Is Israeli democracy weak, fragile and on the brink of collapse, or is it robust, stable and resilient? 

Ahead of a recent discussion by the Ministerial Committee on Legislation on the “Facebook Bill,” IDI’s Dr. Tehilla Shwartz Altshuler wrote a policy statement in which she called the bill non-applicable to the modern day. She said the bill is likely to cause disproportionate censorship through what will be dysfunctional legal proceedings.

Dr. Tehilla Shwartz Altshuler argues that the Protection of Privacy Law does not create an absolute right, and whoever enters public life must be able to give up parts of his/her privacy, no matter how difficult that might be. This op-ed originally appeared in the Atlanta Jewish Times.

While Europeans are trying to maintain their sense of ownership over the public sphere, restrictions on religious expression in the public domain strike at Muslims’ most basic of rights: to continue living their lives as guided by the dictates of their own conscience. Will there be a religious-based civil war? This article was first published by the Independent Journal Review.

The challenge of freedom of information goes beyond the balance between the right to information and the limits of that right.

What does Shabbat and its observance look like in the State of Israel? Can every individual enjoy this day of rest in the way he/she chooses? Are there actually individuals who are forced to give up Shabbat as a result of a lack of choice or economic coercion? IDI scholar Dr. Shuki Friedman explains in this article which originally appeared on eJewish Philanthropy.

Often missed in the civil liberties debate over profiling is evidence that shows it is not effective. But proponents point to Israel, whose airport screening has kept it free of attacks since 1972.

In honor of the 25th anniversary of the Israel Democracy Institute, we feature a list of the 25 formative events that shaped Israeli democracy.

In this op-ed, which first appeared on the Times of Israel, IDI's Ofer Kenig argues that it is time to cautiously expand the right of absentee voting to more Israelis.

This essay makes a case for the international community’s right of self-defense against atrocities, through its members, and to refer briefly to the challenge of implementing such a right. 

Earlier this month, change snuck in through the back door of Israel's court system when Israel’s first ultra-Orthodox judge was appointed. This article was first published by the Jewish Press.

Prof. Amichai Cohen argues that there is only one good way to prevent prosecution of Israeli soldiers abroad: Israeli authorities must conduct effective, independent, and genuine investigations in cases where there are suspicions of war crimes or other violations. This article was first published by Times of Israel.

IDI President Yohanan Plesner says that even after 20 years, the assassination of former Prime Minister Yitzhak Rabin remains the Israeli democracy's breaking point. He calls on all peoples and their leaders to develop a joint democratic vision.

The identity of the next commissioner is so important.

According to Dr. Shuki Friedman, the rabbinate's failure to provide adequate religious services caused the current trend towards privatization of religious services, which is creating a de-facto separation between religion and the state.

IDI President Yohanan Plesner writes that while democracy may be considered a fragile regime that has difficulties coping with extremism, there are still powerful means in the democratic toolbox that can and must be utilized to deal with the threats of homegrown terrorism and hatred of the "other", which can undermine Israel's character as a democratic state.

IDI Vice President Prof. Mordechai Kremnitzer and Noam Lautman, Chairman of the Lautman Fund, recommend ways in which the Israeli educational system can strengthen democratic values, and warn that students should not be forced to choose between two competing alternatives—Israel as a nation-state or as a "state of all its citizens."

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

Yohanan Plesner argues that as Denmark grieves for a terror attack on its soil, Israeli leaders must broadcast "a message of partnership among democracies battling terrorism without sacrificing their democratic values."

As the Central Elections Committee begins to debate disqualifying MK Hanin Zoabi and others from running for Knesset, IDI Senior Fellow Ami Ayalon writes that as distasteful as some of her words may be, banning Zoabi from running would be a victory for Israel's detractors.

In an op-ed in Maariv, IDI Vice President Prof. Mordechai Kremnitzer calls for an election campaign that focuses not only on foreign policy and Israel's social gap, but on the nature of Israeli identity and the value of Israeli democracy itself.

IDI Research Fellow Yair Sheleg outlines four steps that can allay fears, contribute to dialogue, combat hatred, and improve relations between Jews and Arabs in Israel

The mayor of Ashkelon's announcement following the massacre in a Har Nof synagogue that Arab workers would not be employed in his city was roundly condemned by members of the Knesset. Dr. Amir Fuchs points to the hypocrisy of these condemnations.

IDI researcher Dr. Amir Fuchs criticizes the proposed Basic Law that would establish Israel as the nation state of the Jewish people and recommends accepting Israel's Declaration of Independence as the preamble to Israel's future Constitution instead.

Nineteen years after the murder of Prime Minister Yitzhak Rabin, IDI Vice President Prof. Mordechai Kremnitzer explores the background, meaning, and ramifications of this event, taking a hard look at some of the dangers he sees in Israeli society today.

A summary of a legal opinion on a proposed amendment to Basic Law: The Knesset that was submitted by Prof. Mordechai Kremnitzer and Dr. Amir Fuchs to the Ministerial Committee on Legislative Affairs.

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.

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. 

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. 

IDI researcher Assaf Shapira provides background information on the decision of the Knesset Ethics Committee to suspend MK Hanin Zoabi for statements she made about the kidnapping and murder of three Jewish teenagers and about Operation Protective Edge.

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. 

Prof. Mordechai Kremnitzer and Admiral Ami Ayalon argue that while the heart has difficulty defending MK Hanin Zoabi's freedom of expression, the head demands that we object to the decision to remove her from parliamentary activity for six months.

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.

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.

Prof. Mordechai Kremnitzer and Attorney Amir Fuchs assert that the only way to guarantee Israel's existence as a Jewish and democratic state is not through a Basic Law that defining Israel as the nation state of the Jewish people but through a Constitution. 

A legal opinion opposing the proposed Basic Law: Israel as the Nation State of the Jewish People, which was submitted by IDI Vice President Prof. Mordechai Kremnitzer and Attorney Amir Fuchs to the Ministerial Committee on Legislation on June 4, 2014.

In an op-ed in <em>Maariv</em>, Attorney Amir Fuchs warns that force feeding hunger striking prisoners is a serious violation of human dignity, and should not be permitted in order to serve public relations efforts of the State of Israel.

In an article in the Hebrew weekly <em>Makor Rishon</em>, Prof. Mordechai Kremnitzer and Attorney Amir Fuchs argue against the current initiative to pass Basic Law: Israel as the Nation State of the Jewish People, which they see as divisive and problematic.

In an article in <em>Haaretz</em>, Attorney Amir Fuchs stresses the need to wage a genuine war against racism, in order to preserve the values of Zionism and safeguard the Jewish and democratic state.

What do Jews in Israel think about the law mandating the reduction of government funds to institutions that mark Israel Independence Day as a day of mourning for the Palestinian "Nakba"? Find out in this mini-survey conducted by IDI's Guttman Center. 

Prof. Yedidia Z. Stern asserts that if we see ourselves as "other" and identify with the stranger, the poor, and people with disabilities, historic redemption of our ancestors from Egypt will be an ongoing redemption for our generation.

IDI researcher Attorney Amir Fuchs asserts that the only way for Israel to ensure good governance is by adopting a constitution.

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.

Dr. Dana Blander draws on the findings of Israeli public opinion polls and explores some of the ramifications of the new Basic Law: Referendum, a law that establishes a system in which every citizen is entitled to participate in historic decisions on withdrawal from territory.

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.

In an op-ed in the Jerusalem Post, Dr. Ofer Kenig warns that while there is nothing wrong with a moderate increase in Israel's electoral threshold, increasing it from 2% to 3.25% in a single step is problematic.

Prof. Mordechai Kremnitzer explains the importance of the fifth meeting of IDI's Police and Society Forum, which was dedicated to the question of partnership and transparency in the relationship between the Israel Police and Arab society.

As the Shaked Committee begins to vote on its proposal for the Haredi draft, Prof. Yedidia Z. Stern warns that the proposal's recommendation to exempt Haredi men of draft age during a three-year "adjustment period" is both inequitable and ineffective. 

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.

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.

In an op-ed in TheMarker, IDI Vice President Prof. Mordechai Kremnitzer and Dr. Guy Lurie discuss the benefits of establishing a new appellate court between the district courts and the Supreme Court.

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.

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.

In honor of International Day for Persons with Disabilities, Rabbi Dr. Benjamin (Benny) Lau updates us on IDI's efforts on behalf of people with disabilities and reveals that people with guide dogs are now allowed to access the Western Wall.

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.

On November 21 2013, Prof. Yedidia Z. Stern appeared before the Shaked Committee and argued that criminal sanctions are not recommended for reaching conscription goals. In an op-ed in Makor Rishon, he explains why.

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. 

How should Jews in Israel feel about the mass slaughter of Arabs by Arabs just a few miles away? IDI Vice President Prof. Yedidia Z. Stern shares thoughts in this article, which was originally published in The Jewish Week.

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. 

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.

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.

Most criminal cases in Israel are prosecuted by the Israel Police rather than by the State Prosecutor. Prof. Mordechai Kremnitzer and Dr. Guy Lurie call for a division that would make the Police responsible for investigations and the State Prosecutor responsible for indictments and trials.

Prof. Mordechai Kremnitzer and Att. Talya Steiner warn that the veteran's benefit bill, which is intended to extend benefits to those who have contributed to the State, discriminates against Israel's Arab citizens, who are exempt from military service in Israel.

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.

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.

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.

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.

Rabbi Dr. Benjamin Lau, head of IDI's Human Rights and Judaism in Action project, presents the transition from institutions to homes in the community for people with disabilities as a Jewish imperative.

The first in a series of articles by researchers from IDI's Judaism and democracy projects and Human Rights and Judaism project on the complementary but tense relations between Judaism and democratic values.

IDI researcher Attorney Haim Zicherman warns against attempts to integrate ultra-Orthodox Jews into the army by encouraging them to abandon their lifestyle, and calls for developing mechanisms that will accept and respect their values. 

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.

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.

On December 4, 2012, the Israeli Supreme Court heard a petition arguing that the “Admissions Committee Law” is discriminatory and unconstitutional. Attorney Amir Fuchs explains why he sees this law as an insult to Israel's democracy.

The issue of the exclusion of women and their marginalization in Israeli society has dominated the media in Israel during the past few weeks. In this article, which was originally published in The Seventh Eye on December 25, 2011, Dr. Debora Lederman-Danieli argues that the media's struggle against the phenomenon of the degradation of women requires much more than disingenuous, populist outcries.

A paper that reviews the state of research on health inequality between Jews and Arabs in Israel in order to develop a comprehensive research program that will contribute to the understanding of the factors leading to inequality.

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.

 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.

What is the media's responsibility in covering the protests of the Ethiopian community against and what are the problems in the coverage?

As calls for a "majoritarian democracy" gain strength in Israel, IDI's President warns of the dangers associated with a tyranny of the majority, and makes the case for a richer interpretation of democracy, grounded in the principles of liberty, equality and the separation of powers.

A state that is proud of its identity has nothing to fear from granting all its citizens equality.

The state and its Arab leadership, not only the political leadership, must work together to bring as many Arab citizens as possible into the decision-making echelons.

Israel's Military Censor, an institution that has no parallel in any other democracy in the world, must cease to exist.

Leaders of the Israel Democracy Institute call for alternative proposal that would place nation-state of the Jewish people on equal footing with democratic obligation to equality for all Israeli citizens.

Now you know what it's like to feel marginalized and unequal in Israel. Arab citizens know that all too well. That's why we must join forces.

IDI hosted an exclusive and high-level roundtable discussion on Facebook policies, Israel’s proposed Facebook Bill and freedom of expression. Simon Milner, Facebook policy director for the United Kingdom, Middle East and Africa, participated.

Today, the V-15 bill advanced to the Knesset, with a vote expected as early as later this week.