It is deeply regrettable that the Supreme Court chose to join the anti-democratic spirit and to strike a mortal blow at the rights of the individual with false arguments of protection of security. The Supreme Court removed the last mask from the pretension of protecting human rights under the basic laws enacted in Israel and based on criteria of justice prevailing in democratic countries. The basic human right to a family life was scorned by the Supreme Court judges by denying the appeal against the racist amendment to the Citizenship Law. The injustice done to thousands of people, tearing children away from their mothers and women from their husbands, cries out to heaven.
The Citizenship and Entry into Israel Law (Temporary Provision) was and continues to be a stain of racism and discrimination in the Israeli books of law. As the judges in the minority opinion described it so well, the Temporary Provision detracts first and foremost from the basic law of the Arab citizens of Israel to choose a spouse and to maintain a family life in Israel, and therefore it discriminates among the citizens of the State according to their extraction. The court gave support to those who argue that human rights should be granted mainly to Jews, and the Arabs are an alien entity that threatens the Jewish majority.
The arguments of some of the judges regarding the denial of the appeal are weak and influenced by a racist point of view and fear of the anger of the nationalist-racist politicians and public in Israel. The use of "security" arguments and the definition of children as a security risk is fallacious and serves as an escape hatch for denying the basic human right to establish a family and not to break it up.
The court encourages those who argue that human rights should be granted mainly to Jews, and the Arabs are an alien entity that threatens the Jewish majority.
Following the discriminating legislation of the Knesset, the court also contributed its share to the exclusion of the Arabs of Israel, to their sense of alienation and their lack of trust in the government and judicial systems. It is doubtful that any of them will apply in the future to obtain protection from the court.
The violation of human rights will not stop with the Arabs in Israel and the occupied territories. From now on, it is doubtful whether any groupindividual whose rights the government may want to tread on and to trample will be able to obtain protection from the court.
Whoever feels comfortable with the deliberate discrimination against Israel citizens who are Palestinians should not be surprised when the discrimination knocks on his own door, and the reality recently exposed in Kiryat Malakhi is evidence of that.
The denial of the appeal against the amendment of the Citizenship Law will not glorify the Supreme Court, if it deserves any glory at all.
