Israel Resource Review |
1st July, 2008 |
Contents:
"Rabin Legacy" Teacher Reinstated by Court: Israel Education Ministry Fined
Nitsana Darshan-Leitner
Israel Law Center - "Shurat HaDin"
In a precedent setting decision, the Jerusalem District Court has
overruled the Israel Ministry of Education and ordered it to immediately
reinstate an Israeli teacher who questioned the manner in which the
school system was teaching the controversial "Rabin Legacy" curriculum.
The court also ordered that the Ministry to pay the plaintiff 30,000 NIS
in compensatory damages in addition to legal and court fees.
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The case of veteran educator Yisrael Shiran stems from a memo he wrote to
two colleagues in 2000, in which he made a point of deploring and
condemning the murder of the former prime minister while asking whether,
as a result of the outbreak of violence and the murder of upwards of 1,000
Jews in the post-Oslo years, it wasn't time to rethink how the "Rabin
Legacy" should be discussed in school. The Rabin Legacy curriculum was
instituted by the Education Ministry to educate students concerning the
contributions that the slain Israeli leader had made to bringing peace to
the country. The curriculum has a heavy pro-peace process bias which still
offends many opponents of the Oslo Accords.
Then Minister of Tourism, Yuli Tamir, came across the memo and proceeded
to make it public. Tamir then launched an aggressive public campaign
against Shiran in an effort to destroy his educational career.
At the start of school year 2006-7, Shiran was offered a position at the
Moriah Barkai School in Haifa. The school was summarily notified by the
Ministry of Education, now headed by Tamir, that they could not hire
Shiran. With the help of human rights advocates Nitsana Darshan-Leitner
and Roi Kochavi of Shurat HaDin Israel Law Center, Shiran turned to the
court.
After a long and often contentious case, the court decided that the only
reason for preventing this "exceptionally successful and beloved
educator," from assuming the new position was a personal vendetta against
Shiran by Minister Tamir dating back to the "Rabin Legacy" memo.
"Despite the fact the Ministry of Education is attempting to obfuscate
reality," wrote Judge Heshin in the court decision, "the only plausible
reason why Shiran did not get the job is a personal vendetta against him
that stems from the Rabin Affair, an affair that was brought before a
court of law and put to rest. Thus," wrote the Court, "should this case
too be put to rest."
Attorney Darshan-Leitner: "This is an important victory for freedom of
expression in the workplace. Yisrael Shiran refused to be cowed into
accepting that educators must teach the pro-peace camp agenda forced upon
them by the Ministry of Education. The effort to force Shiran out of the
teaching profession because of his political and professional views has
resulted in the Minister's actions being condemned and the Ministry being
fined. By taking the Minister to task personally, the Court has voiced
its opposition to Ministry of Education officials who seek to harass or
persecute teachers simply because they want to advance their own extremist
political agenda. The Court's decision makes clear that the witch hunt
endured by Shiran for seven years must come to an end and he must be
immediately reinstated to his teaching post."
media@israellawcenter.org
http://www.israellawcenter.org
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