Israel's Coalition Faces Scrutiny Over Potential Erosion of Individual Rights

The current Israeli coalition government's approach to individual rights and equality under the law is under intense scrutiny, particularly following the December 2025 defeat of a bill to prohibit discrimination based on sexual orientation and gender identity. Justice Minister Yariv Levin dismissed the bill as "superfluous and even harmful." Critics argue that if the coalition wins the upcoming election, fundamental rights such as freedom of speech, equality, and the right to protest, currently protected primarily by Supreme Court rulings in the absence of a constitution, could be significantly undermined.

Potential threats stem from two main avenues: the reintroduction or passage of restrictive laws, and the reshaping of the judiciary itself. In the short term, existing laws passed by the current Knesset could impact daily life, especially for women, if not repealed. These include expanding the authority of rabbinical courts to handle civil disputes, allowing gender segregation in higher education, and a controversial emergency regulation that criminalizes the consumption of certain publications.

The expansion of rabbinical court jurisdiction, approved in March with a 65-41 vote, allows them to act as arbitrators in civil matters beyond marriage and divorce, with their rulings enforceable without judicial review. Concerns exist that this could lead to coerced consent for arbitration, particularly for religious employers seeking to circumvent labor laws. A poll by the Women's League indicated only 16% of Israeli women support this law.

Another law, passed in July with a 52-43 vote, permits separate study tracks for men and women in postgraduate programs, extending beyond previous limitations for the ultra-Orthodox community. University presidents have warned of "second-class degrees" for women, and five members of the Higher Education Council resigned in protest. While a petition against the law is pending, the Supreme Court has not issued a stay.

The emergency regulation, enacted after the October 7th attacks and extended until November 2027, designates individuals who persistently consume inciting publications as terror suspects, even without direct involvement. This regulation, approved by government decree rather than Knesset vote, could lead to unwarranted arrests and investigations.

Furthermore, the 25th Knesset has seen numerous proposed bills that could harm fundamental rights and democratic institutions. The Israel Democracy Institute has documented 263 such proposals, with 28 passed and nine cleared for a first reading, allowing the next Knesset to continue their legislative process. Among these are a bill to restrict non-profits critical of the government and a proposal to allow senior police officers to open incitement investigations without state prosecutor approval, which has already passed a first reading.

Looking ahead, the composition of the Supreme Court itself is set to change significantly. A reform to the Basic Law: Judiciary, effective with the next Knesset, will give the political echelon considerable influence over judicial appointments. With approximately ten Supreme Court justices expected to be appointed by September 2029, the court's independence could be compromised. Proposals from the Religious Zionism party, such as an override clause allowing the Knesset to re-enact laws struck down by the court with a 61-vote majority, and limitations on interim orders and standing to petition, could further weaken judicial oversight.

Experts warn that these changes could lead to a situation where rights like equality and freedom of expression exist primarily on paper. The potential for a Supreme Court heavily influenced by the ruling coalition, a Knesset empowered to override judicial decisions, and restricted access to legal recourse for NGOs and individuals, paints a concerning picture for the future of individual rights in Israel.