Thursday, May 11, 2006

Israel's High Court Upholds Draft Exemptions For Yeshiva Students

Haaretz reports that in an 8-1 decision today, Israel's High Court of Justice rejected a challenge to the country's "Tal Law" which generally provides exemptions from military service for Orthodox Jewish yeshiva students engaged in Torah study. The Jerusalem Post, also reporting on the decision, describes how the law operates:. A student gets at least four years of guaranteed military deferment for yeshiva study. Then he may take one year off without being drafted to join the army, work or learn a trade. If the student then decides not to return to yeshiva, he performs a truncated period of military service and annual reserve duty.

While upholding the law, the High Court's majority criticized it as causing "serious harm to the human dignity of the majority who are obligated to do national service". Chief Justice Aharon Barak's decision said, however, that the problem needs to be solved by national consensus, not by a court ruling. The opinion suggested that if changes are not made, in the future the Court might find the law unconstitutional.