The Movement for Quality of Government has petitioned the High Court against the section in the Corona Act that restricts the possibility of demonstrating.
The movement asks the High Court to repeal the clauses restricting demonstrations to a distance based on the place of residence, and in the format of groups of up to 20 people. In addition, the movement requests in the petition an order directing the latest data To attack.
According to the movement, “approved regulations are contrary to legislation and case law, which prefer the right to demonstrate as a supreme right in the constitutional regime in Israel, which has a right to exist in the public sphere – and therefore the amendment does not meet the restriction on the values of Israel as a ‘Jewish and democratic’ state. In the tests of proportionality set forth in the limitation clause, and therefore this constitutes a ground for judicial intervention. “
It was further argued in the petition that the approval of the law restricting the right to protest, severely and disproportionately infringes on the fundamental right to demonstrate and freedom of expression. “The law empties one of the most fundamental rights in a democratic regime, which is not only a civil right but also the infrastructure for the construction of a democratic regime.”
Through attorney Tomer Naor, the movement writes in the petition that: “The legislative process that preceded the enactment of the Corona Law was a hasty and disproportionate process in relation to its consequences, which did not receive sufficient attention in the short period of time that Knesset members could discuss.”
“Will, in fact, lead to the cancellation of the demonstrations almost completely”
The movement claims in the petition that “the amendment to the law subjectes the freedom of demonstration to the restriction of movement set by regulations under the Corona Law, so that de facto, a citizen can not demonstrate where an ‘effective demonstration’ takes place, but only at a demonstration arbitrarily set up to one kilometer away “This condition violates the right to demonstrate considerably and empties it of content.”
According to the allegation, “limiting the location of the demonstrations to a distance from the demonstrator’s residence includes the cancellation of the demonstrations in front of the official prime minister’s residence, thus canceling the message of the demonstration which is largely addressed to the prime minister, who is accused of offenses.”
The movement further claims in its petition that “restricting the demonstrations to a location that relates only to the distance from the demonstrator’s residence will lead to the loss of the public element in the demonstration – and will in fact fatally damage the public resonance To cancel them almost completely. “
The petition states that in addition, according to reports, the decision on the tight closure in its current format was made contrary to all professional factors. Minister Yizhar Shai, who was present at the corona cabinet hearings, said that “the issue of the demonstrations was at the center and the main decision of some of the government ministers, regardless of the lack of an epidemiological factual infrastructure before them, was to end the demonstrations against the prime minister suspected of serious crimes.”
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