Israeli Supreme Court Permits Ministry of Culture-Sponsored Programs for Jewish Children Only during Spring Passover/Easter School Vacation

25/04/2012

Following Adalah's petition, the Israeli Supreme Court affirmed on 6 April 2012 that the "Afikomen" program, supported by the Ministry of Culture and Sport could continue, although Arab children were excluded from it. The program offered free tickets to cultural events for children in Jewish towns located in peripheral areas during the spring holiday, while excluding Arab towns. The Court explained that it allowed the programs to go forward as they were due to begin immediately and it would be difficult to halt them after the Ministry had already completed its preparations. However, the Court demanded that the Ministry respond to the petition before 7 July 2012, when a further hearing on the case will be held.

Adalah petitioned the Supreme Court on 2 April 2012 against the Ministry of Culture and Sports demanding that it offer free cultural programs to all children - Jewish and Arab – during the Passover holiday. The Ministry of Culture held the "Afikomen" program during the April holidays, and funded the full cost of plays and cultural events for children in 110 Jewish towns in peripheral areas, outside of the big cities. Not one Arab town was included on the list although Arab schools are also closed at the same time for spring vacation due to the Easter holiday. Adalah Attorney Sawsan Zaher filed the petition on behalf of two first-grade Arab students from Yafta Nazareth.

Adalah filed the petition together with a motion for an injunction, asking the Court to hold an urgent hearing and to order the Ministry to apply its programs equally to all schools in the country. Adalah also requested that the Supreme Court order the Ministry to put clear standards in place for the locations and the discounts offered.

The Ministry announced in its initial response to the petition that the "Afikomen" program is one of many programs that aim to develop and facilitate access to family activities in periphery cities, including Arab towns and villages, and that it holds similar programs in Arabic during the Eid al-Fitr (Muslim) holiday. The Ministry did not include a schedule or information on its upcoming plans for Arab Muslim children during their religious holidays. Further, the Ministry did not address the fact that it lacked programs for students from Christian Arab communities who were on school vacations during the Easter holiday, which coincides with the Jewish Passover holiday.

Attorney Zaher argued in the petition that the Ministry held a similar program named 'The Miracle of Chanukah" in the winter, in which over 100,000 Jewish children participated. The winter program also did not include Arab children, despite the fact that it coincided with Arab schools' winter holidays and religious holidays. The exclusion of Arab students amounts to unacceptable discrimination between Arab and Jewish children, and violates the children's constitutional right to equality, Adalah argued.

In 1998, Adalah petitioned the Supreme Court to include Arab families in a food program offered by the Ministry of Social Welfare for Jewish families during the Passover holiday, which also falls during Easter. Then the Supreme Court issued a temporary injunction to include Arab families in the program.

Case Citation: HCJ 2728/12, Adalah, et. al v. Ministry of Culture and Sport (case pending)