Israel's Supreme Court Strikes Down Law Shielding Haredi Draft Dodgers
Israel's Supreme Court unanimously voided an amendment to the Security Service Law that had effectively halted arrest and enforcement proceedings against Haredi (ultra-Orthodox) men who evade mandatory military conscription. The amendment, titled "Temporary Order: Freezing Arrest, Investigation, or Enforcement Procedures Against Those Obligated to Security Service Who Are Yeshiva Students," had created a loophole allowing Haredi draft dodgers to avoid consequences while other draft evaders were still subject to arrest.
The court ruled that the amendment violated Knesset (parliament) rules, specifically Article 85 of the internal regulations, by exceeding the scope of the original bill that had passed its first reading. "Practically speaking, this is a law that was not approved in the first reading, and therefore the legislative process of the amendment was fundamentally flawed, necessitating its cancellation," the judges stated.
Furthermore, in an 8-1 decision, the court determined the amendment was unconstitutional in its substance, infringing upon the fundamental right to equality. The majority found that the discriminatory nature of the law did not meet the conditions required for constitutional limitations.
The ruling effectively ends the freeze on legal actions against Haredi men who fail to enlist, returning them to the standard legal framework applicable to all citizens regarding military service. The decision means that authorities can now pursue arrest and enforcement actions against these individuals.
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