Awww, ... g'wan!
Ok, I will attempt to post the (Google-translated) Judgement below (which attempt may fail, due to excessive length).
Note final paragraph 129, where the Watch Tower Society of Israel is directed to pay the defendant's (the school authority) fees (property lease payments, and interest thereon - until Watch Tower vacates the premises) and legal expenses.
Note, also, paragraphs 54 - 71, which address the "Claim of deception" - whether Defendant should have known that contractant "WatchTower Society of Israel" [G-trans as "Israel Expects Association" or "Israel Observatory Association"] was the operational arm of the sect/religion "Jehovah's Witnesses".
[ROFL! "Also argued that Brieswili failed to mention all the community of Jehovah's Witnesses, and adopted the tactic of blurring and deception. Thus, the principal recalled in her testimony that the meeting date 18:11:08, when asked Brieswili clarification regarding the type of activity, evaded, by presenting the picture keychain wife and told her. Another question asked, dropped his cell phone on the floor and bent to pick it up and talked about things not related to the topic."]
Named plaintiffs: Eliad Shraga, halo Shragay; named defendants: Good Rinat Cohen.
Magistrates Court in Rishon Lezion Tel Aviv Israel 1282-09 Observatory Association v. Informal Education Association et al Netanya external bag: before Judge Ezekiel Keener demanding Israel Observatory Association represented by attorneys Eliad Shraga oriental aura against Defendants 1. association informal education in Netanya 2. Netanya Municipality represented by attorneys Cohen Rinat good judgment before me a claim in respect of breach of contractual arrangements between the parties, involving contractual aspects on the one hand, and questions of fundamental rights on the other.
Background
One. The plaintiff (hereinafter "Association"), which represents the community of Jehovah's Witnesses in Israel (the "Jehovah's Witnesses" or "community" or "organization"), sought to rent space for its operations, and approaches the matter with Director of Elementary School State " Raziel "Netanya (the" principal "and The School", respectively).
Two. On 18:11:08 a document was signed one-page brief in this matter (the "Agreement"), which is full contents (excluding details that are not relevant) set forth below:
"Summary of things regarding renting Grade School Raziel activity
One. The parties agree that:
A. School "Raziel" will place at the disposal of George Briesooli, the representative association of Mitzpe Israel, "classroom once a week, on Tuesdays, from 18:30 to 21:30, for lectures on behalf of the organization see the view of Israel."
In. Mr. George Brieswili, shall provide school management, performance certificate of insurance before beginning the activity.
C. .... All responsibility for damages or injuries during this activity is the sole responsibility of George Brieswili.
Wednesday. Each month will take Mr. George Brieswili school according to the amount set forth below: ......
Payment will be made by the 5th of the following month for the activity.
The. Inception will be in -2.12.08 and after the invention of insurance certificate from Mr. George Brieswili and school administration will receive an activation ministry. "
Printed document header names appear Netanya Municipality, the school and the Ministry of Education, and document the President and George Brieswili (the "Brieswili").
Three. According to the claim of the defendants, before turning to the principal for necessary approvals, she discovered that this is not a full lectures, but the existence of religious activities of Christian missionary body of beliefs contrary to the state education goals. Thus, after it became clear that the principal municipality does not approve the said activity on school premises, announced Lberiaswili on 11/24/08 the Repeal of the light of the nature of this organization.
Four. That same day, 11/24/08, counsel sent a letter to the association strongly opposed the notice and claimed that the cancellation notice is a breach of the agreement and is due to extraneous amount to religious discrimination is unacceptable and constitutes a serious violation of freedom of religion and worship of the association. Principal was required to return it notice of cancellation and noted that sued for monetary compensation for damages caused and will be caused.
In a response dated 3:12:08 behalf of the Defendant's legal department 2 (the "Municipality") argued that contractual rental buildings in the school (which is not a legal entity) is made using only the first defendant ("the Municipal Association"), and Director The school is not authorized to commit the name of the municipality or municipal organization name, so the agreement is not binding. It was also claimed that the document must obtain permission from the principal factors responsible for their education, and that due to a clerical error was recorded in the agreement that approval, the Education Office's "instead of the VA Education" (which belongs to the municipality of Netanya). It was also argued that the contract is contrary to the commitments of urban and municipal association for the community center on-site.
More allegations raised in concealment of information about the quality of our activities, activity area and the possibility of minor exposure activities, a harm to them and to conversion.
Rejected the association's demand for enforcement and / or monetary compensation.
Claim
Five. The association's lawsuit against the Defendants above described sequence of events, and the court was asked to enforce the agreement, so that the organization can hold lectures in a classroom at school, and requested compensation of $ 50,000 for the distress, and statutory compensation without proof of damages in the amount of NIS 58,500 respect to unlawful discrimination.
The main claims of the plaintiff
Six. The agreement calls and director was authorized to sign it as an emissary of Netanya Municipality and Ministry of Education. Not proven that the principal was not competent to sign the agreement in the oil. Should reject the argument of the defendants based on Article 203 of the Municipalities Ordinance [New Version] (the "Municipal Ordinance").
Seven. The condition of the approval of the Ministry of Education is not a condition precedent, but the technical conditions as the invention of insurance by the plaintiff, however, both the wording of the relevant section, and according to the intentions of the parties. In this regard it does not matter if you have an error of the pen or not the agreement, since this is not a condition precedent, and the agreement is valid from the time it was made.
Moreover, the principal did not work for getting approval required under the agreement, thus preventing the existence of a condition precedent, and therefore can not be relied upon.
Eight. Contract is not with such illegal or contrary to public policy. There reject all claims against the association, which stem from prejudice and incorrect.
Nine. Should reject the claim of mistake and / or deception. Brieswili revealed all that he had to find and contact relevant for the contract. Information provided to allow the plaintiff to discover easily that the association represents the Jehovah's Witnesses in Israel. You can not demand from those who entered into an agreement to discover the religion part of the duty of disclosure.
10. The contract was violated by the defendants wrongful breach and order enforcement.
11th. Defendants conduct constitutes discrimination that violates that organization under the Basic Law: Human Dignity and Liberty and the plaintiff's right to equality and education.
12th. Defendants conduct violates the freedom of religion, worship, conscience and belief of the association.
13th. As there is a conflict between the rights - the right of association to maintain the activity increases. Association rights are constitutional rights trumps ordinary law. Breach of fundamental rights of association does not meet the limitations clause in section 8 of the Basic Law: Human Dignity and Liberty (the "limitation clause").
14th. Defendants violated the Prohibition of Discrimination in Products, Services and Entry into Places of Entertainment and Public Places Law -2000 (the "Prohibition of Discrimination").
15th. Defendants violated duties in administrative law: the time likely would not have violated the contract with the organization in light of religious affiliation, violated the obligation to distribute public resources equitably, broken promise given administrative organization requires.
16th. Defendants Aioolo the tort of negligence and breach of statutory duty.
17th. Should not be considered the opinion of the expert for the defendants, since it is not an expert in cults, although he presented himself as such, and most opinions reproduced from "Wikipedia" (Internet encyclopedia). Also, opinions and answers of the expert evidence of unreliability and lack of knowledge regarding Jehovah's Witnesses.
Jehovah's Witnesses is a cult, and is recognized as a religion in many countries. Activities of the organization is missionary activity.
18th. Press verdict is in HF (Haifa) 110/06 Israel Observatory Association v. International Convention Center Haifa Ltd. (published in Nevo, 05.02.07), where the defendants were forbidden to discriminate against the association, and the attorney expert report Government given name, even for the present case the current action.
The main claims of the defendants
19th. Principal signed the agreement not authorized to charge the defendants. Structure of the school is owned by the municipality. Every contractual arrangements regarding rental school made exclusively through the municipal association, according to the contractual agreement between the municipality. Were not met the requirements of Section 203 of the Municipalities Ordinance that the municipality will require only an agreement signed by the Prime municipality and municipal secretary plus municipal stamp.
20th. Not given any assurance that government requires, and the principal was not authorized to give any government guarantee and require the municipality.
21. The agreement was conditional upon the approval of a third party. This condition did not exist.
22. Brieswili misled the principal while not revealed to her that the association represents the community of Jehovah's Witnesses and the nature of the activities of Jehovah's Witnesses. What would you know about it, was not signed an agreement, and therefore was entitled to revoke it, and she did.
23. The agreement is invalid and / or contrary to the public good because it hurts the welfare of minors who enter the school, and proved them at risk of performing the conversion, as indicated by the publications of the community, and in addition, abusive inflicts on the character from school to school Jewish state, not appropriate because there will be an educational institution .
24th. Rights of the plaintiff are relative, so is the protection. There is a balance between the rights of those rights of minors, their parents and local residents. This is not a total island allowing the association to hold the meetings in Netanya, but refrain from National Jewish educational institution. Rights of minors given priority over other rights. The association argued that its members suffer harassment and sometimes physical violence, so even in this respect there to protect minors who are exposed to such violence.
25th. Main faith of Jehovah's Witnesses opposing state values and the values of state education, as they fixed the State Education Law 1953 ("the State Education Law").
26th. Prohibition plaintiff school activities meets the limitation clause.
27th. Exists in this case exemption in section 3 (d) of the Anti-discrimination, due to the nature and character of the place is the public state education institution for minors Jews.
28th. Defendants do not Aioolo any wrongdoing.
29th. Expert knowledgeable in his field and his statements are true. The same determination that Jehovah's Witnesses are a cult is correct determination also supported the Israeli case law.
30th. There is a marked difference between the Congress Center in Haifa case and the present case, and that Htiiihs expert opinion. Where it was at one-time public facility remote from any residential neighborhood, without having an impact missionary in our case, this is a school in a residential neighborhood whose residents are far from sweeping the faith of members of Jehovah's Witnesses, and is a center for activity in children and adolescents, with activity that asks the organization to maintain , is an ongoing activity, the purpose of which is to worship and missionary activity, designed to bring the community more and more followers.
Discussion and decision
31. Two main issues before us:
A. By contract - whether the agreement enters into force, or is lawfully canceled?
In. Plain basic rights - whether the defendants refusal to rent the sub association study for its activity violates the basic rights of association.
By contract
Is the agreement included a condition precedent
32. Agreement provided, inter alia, that "the beginning of the activity will be in -2.12.08 and after the invention of insurance certificate from Mr. George Brieswili and school administration will receive an activation ministry."
33. Reference regarding the precondition for approval is operating, since about the second condition of the invention of the insurance certificate, the principal announced the cancellation of the contract before the time came inception, so it passed the time the invention was then the insurance approval by the association.
34th. Defendants argue that the condition precedent under discussion, and that error was the pen provided, since approval is required for activation of the municipal education administration, and not as written. It was also argued that there was no precondition and therefore the agreement is not entered into force.
Plaintiff claims that this is not a rack provided, as is a gift to the contract into effect the existence of the condition, and it is technical and formal approval. Also argued that the court was not presented clear position of the municipality or the Ministry of Education under which do not permit the activities planned.
35th. Section 27 of the Contracts (General Part), 1973 [hereinafter "Contract Law (General Part")] establishes the existence of a condition precedent strong, when contract requires the consent of a third person and it said:
"José who requires the consent of a third party or a license under any enactment, strong acceptance of the agreement or license agreement is a condition precedent."
If there is a dispute between the parties over whether the contract actually depends upon the fulfillment of a condition precedent, the court must interpret the contract and trace the intention of the parties as reflected in the wording of the contract and other circumstances of the case [CA 4075/06 Glickman v. Aizbtzki (published in Nevo, 18.2.10 )].
36th. In this case, I was convinced, first, that the error was indeed pen the agreement, and that the management staff of the Ministry of Education, was not precise conditions of approval required, as is a Netanya Municipality and Ministry of Education building. And asserted that this was not investigated. Thus, the intention was that the required activation Netanya Municipality Education Administration, and the Ministry of Education. The foregoing does not because the injury to the plaintiff, since the fact that approval is required additional factor was known and remembered agreement.
37th. As to whether the condition precedent, I accept that give a positive answer to this question.
CPA Ehud Fliglr (the "CPA") that provides professional guidance to school, attended the meeting from 18:11:08 Brieswili well attended and the principal, and the affidavit states that noting the meeting to add a comment to an agreement that has to receive another permit as a condition of the agreement, since male according to the principles of "self-management" for renting school facilities must receive additional approval else.
The principal wrote in her affidavit that the section under which it is necessary to obtain approval Add the support of her accountant.
Brieswili asserted that the addition of the need for approval from the Ministry of Education added by the principal accountant noted that he thought the pact that does not require approval from the Ministry of Education, and that the management has indicated that it is interested in the said approval for itself and for its backup. When asked why he agreed to add this condition, as stated in his affidavit that at no stage did not mean that the rental agreement or its implementation will be subject to approval by the Ministry of Education, said that it was logical in view of the need to show proof of insurance by the association.
38th. No significant differences between the versions are not parties to this matter, to change the obvious conclusion that the required approval of the municipal education administration agreement, and that this approval was a condition precedent. Agreement is not drafted by lawyers, and the determination that the beginning of the activity will be on denominated in agreement after receiving an activation Ministry of Education (and in fact, in educational administration in the municipality as determined above), it means that the activity will not begin before received such approval, and if approval is not received, She will not run at all.
Intention of the parties that this approval is a condition for the validity of the agreement is also consistent with the fact that the principal is a relatively new role, being of this Agreement the first time made an attempt to rent the facility of the school (see section 6 of the affidavit) and the fact that the municipal owners of the building requested rental .
The fact that the agreement was signed after a meeting held earlier, and without waiting for approval, does not indicate that it is not a condition precedent, since this is the essence of the condition precedent contained in a signed agreement, that the agreement is valid, if the precondition is not met the established parties.
Even if the principal was used as an extension of the defendants or any of them regarding this Agreement, and was authorized to sign the agreement, a condition precedent acceptable agreements is that the agreement is conditional upon approval of any entity, including internal factor of one of the parties to the agreement, such as the Board of Directors or the general meeting of the Company .
39th. I declare, therefore, that the approval of educational administration at City Hall was a condition for the validity of the agreement.
40th. There is no doubt that there was no precondition, since it received the approval of municipal education administration agreement.
Whether the defendants can rely on absence of precondition
41. Section 28 of the Contracts (General Part) states that:
"There was a contract conditional upon the rack and one side prevented the fulfillment of the condition, he is not entitled to rely on the non-existence".
42. That relies plaintiff argues that the principal did not act to achieve approval, and therefore prohibited the defendants from relying on the non-existence of the precondition.
43. This claim of the association can not be accepted.
The principal testified in her affidavit that after the agreement has deepened its spillover into the internet and it became clear to her organization's objectives and the type of activity she has turned Director of Education at elementary schools in the municipality (the "Ms. Sperling"), which informed her that the municipality does not approve the quality of said activity between school premises.
Although not brought an affidavit of Ms. Sperling, who used to reinforce the words of the principal, but the position of the municipality brought its proxy letter dated 3:12:08 representative for the Association which states, inter alia, most clearly, that the defendants do not give their consent to Call contracting with the organization.
Therefore, you can not say that the principal has prevented the fulfillment of the condition, and certainly not to say that the municipality does not express an opinion on the subject.The principal turned to the municipality, which is expressed most clearly was that not endorse the activities.
44th. Section 29 of the Contracts (General Part), states that:
"There was a contract conditional and the condition is not fulfilled within the prescribed period that, in the absence of such a period - within a reasonable time from concluding a contract, then if it was a condition precedent - canceled the contract ...".
If the precondition is not met - cancel the agreement retroactive [CA 4999/97 Cohen v. Mader, Ned PD (2) 385, 390 (2000)].
45th. In our case, not only the precondition took place, but given a negative response from the party in the municipality was supposed to issue the certificate to the task, and so soon after the engagement, and therefore, the agreement void and notification of cancellation of the agreement, the law was given, due to non-fulfillment of the condition precedent.
46th. The stated above to determine that the agreement was void for failure to comply with condition precedent, but we will see, even other contractual claims.
The managing authority to sign the agreement
47th. I can not accept the contention of the defendants that the principal was not authorized to sign the agreement, mainly due to the failure of the defendants the burden of proof in this matter. Principal, working Ministry of Education, School Director signed the rental agreement with the association class in school. The document is printed, entitled quoted names municipality, school and Ministry of Education. Agreement itself no indication that the principal is not authorized to sign it, and the only exception is the precondition of the need to obtain approval, as discussed above. We also heard the accountant of the existence of the principles of "self-management" regarding rent school facilities, subject to approval, but did not mention contraception school principal signing the agreement.
The circumstances indicate that the director serves as an extension of the defendants or any of them, and the defendants claimed his signature on the agreement went beyond managing permissions granted her burden is on the defendants to prove this claim. Took it were not (I note in passing that the reference to Plaintiff Section 6 (b) of the mission, 1965 can not help it because this section deals with remedies against sending unsolicited our case).
48th. To prove the claim exceeding authority the municipality was to bring anyone from City Hall to review the principal powers, and how these went beyond its powers. In addition, the defendants argued that part of "self-management" initiative of the municipality and the Education Ministry allowed elementary schools to grant the right to use buildings and classrooms in order to increase their income subject to the engagement be made by the defendant 2, the association of urban, subject to the approval of municipal committee (Article 4 of the affidavit principal). View of this, the defendants would submit as evidence the self-management provisions, the agreement between the municipality and the municipal association, authorizing her to treat leasing classes, etc., in order to prove the claim that the principal had exceeded its authority. All this did defendants.
49th. Therefore, the claim is denied without authority claimed by the defendants.
The argument for non fulfillment of the terms of Section 203 of the Municipalities Ordinance
50th. This is also the claim of the respondents for non-fulfillment of the conditions specified in Section 203 of the Municipalities Ordinance, whereby not require the municipal contract that includes a financial commitment by the municipality unless you sign it in the name of the municipality on the stamped mayor and treasurer, if not all contract financial commitment requires signature of the mayor and Secretary on the municipal seal.
51. Claim for failure to comply with the conditions required by Section 203 of the Municipalities Ordinance is not charged in the protection of the municipality. Claim of lack of jurisdiction was loaded while, but it was necessary to elaborate the argument that the conditions of the above.
In addition, the city has not found a place to submit an affidavit of one of its employees, who claim that the provisions of Section 203 of the Municipalities Ordinance applicable to the contract in question.
Even the affidavit of the principal (not city employees) is not loaded non-compliance with the terms of Article 203 above.
52. If the city chose not to make this claim, no statement of defense and affidavit on its behalf, it is likely that there is something behind it, and it is doubtful to me whether contracts signed or signed in self-management provisions of the schools, were charged with the signing of the mayor and treasurer / secretary, together with the municipal stamp and signed practice by them in this way.
Moreover, the affidavit states that the principal legal contract for Rent grade should be done through the municipal association, that is another body that was supposed to handle the rental, and here arises the question How is it possible that the municipality claims that, in these circumstances, to sign the mayor and Secretary of the agreement.
53. In light of the above, no need to even examine whether the conditions which existed here has flex essential formal requirement stipulated in Section 203 above (CA 6705/04 Home Automotive Inc. v. City of Jerusalem (published in Nevo, 22.1.09)], and reject the argument based on Article 203 of the Municipalities Ordinance
Claim of deception
54th. According to the defendants, the duty of good faith imposed on the representative plaintiff was to discover the identity of the principal plaintiff (ie the representation the community of Jehovah's Witnesses) and the purpose of hiring a school building, and so prior to the signing of the agreement.
According to the principal, Brieswili hide his intention to lease the school class for religious cult community of Jehovah's Witnesses, and contented himself by presenting himself as a representative plaintiff - the "Observatory of Israel" - a misnomer Orientation.Also argued that Brieswili failed to mention all the community of Jehovah's Witnesses, and adopted the tactic of blurring and deception. Thus, the principal recalled in her testimony that the meeting date 18:11:08, when asked Brieswili clarification regarding the type of activity, evaded, by presenting the picture keychain wife and told her. Another question asked, dropped his cell phone on the floor and bent to pick it up and talked about things not related to the topic.
It was also argued that if there was Brieswili give the full details, there was no principal signs the agreement he signed.
55th. The association denies the allegations of the defendants, and claims that there was no deception on its behalf.
Claims, misrepresentation or mistake can exist only where there is an obligation on a person to discover the fact that led to err under a specific law, custom and specific circumstances, and not obliged to reveal their religious affiliation.
56th. Section 15 of the Contract entitled "Deception" provides that:
"Those who entered into the contract due to errors resulting from deception Shtahu other party or his representative may cancel the contract; regard," Trick "- including non-discovery of facts which by law, by custom, or by circumstances was the other side to discover them."
57th. In addition, section 12 of the Contracts (General Part), imposes a duty to act reasonably and in good faith negotiations toward the conclusion of the contract, and that is also derived from the obligation to discovery of material facts during negotiations.Infringement of the duty of disclosure under section 12 above is misleading, according to the latter part of Article 15 of the Contracts (General Part) (see Shalev Contract Law - General Part, prior to the codification of civil law (Law 2005 (319) the "his").
58th. Can also be misleading by omission, as determined at the end of section 15 of the Contracts (General Part), and see his pp. 316.
59th. Boundaries of the duty of disclosure under broader circumstances, but less defined areas disclosure obligations by law and by practice (his 320th), and indeed, necessary to examine the circumstances of each case.
60th. Regarding the factual disputes in our case, I do not get the complaints about the defendants deliberately evasive Brieswili, answering questions asked. These claims have planted deposition principal, they did not have any backup from another source, not even by the auditors who attended at least some of the meeting.
I agree further that Brieswili director said the organization's name Contracting Agreement, the Association expects Israel. This is obvious since the organization's name is spelled out in the agreement, and the principal has confirmed that she thinks Sbrieswili named name of this association (p. 36 Q 12).
I agree also that Brieswili did not mention the name Jehovah's Witnesses community lectures are intended for it. The principal claimed that Brieswili did not mention the name "Jehovah's Witnesses" in their meetings, and accountant supported this argument.Words was viewed to be trustworthy, which also explained to me that if you had mentioned the name Jehovah's Witnesses, was the principal in-depth examinations prior to the signing of the agreement, since this name is more familiar name "Israel expects" which is the name of the association.
Brieswili himself Asked Is it true that since they are resisted in cases where they wanted to rent apartments, they try not to elaborate too much who they were, and he answered that question this way:
"Whenever I come to make a contract, I'm talking about myself, I said I was a representative plaintiff. Been no secret to anyone who is either a representative from some NGO comes ..." And then: "I think to say that I am the representative association expects Israel's enough. In this case it was enough for me "(p. 12 Q 22-31).
It is also true that Brieswili not fully elaborated defendants the content of meetings intended to hold a meeting.
Section 8 affidavit in reply to the questionnaire (N / 2), noted Mr. Eliphaz Rosenzweig (the "Rosenzweig") on behalf of the association that the lectures were designed to include Bible reading, discussion on morals and manners, history, archeology, and family and community life.
However, noted in paragraph 16 of his affidavit that Brieswili lectures are scheduled on the basis of Bible and history, and his reply in court on this issue said that certain noted Bible and history, and can not remember what I mentioned before that (p. 14 Q 27-29) .
61. I have no doubt, therefore, that Brieswili did not mention the name "Jehovah's Witnesses" to the principal, and noted that only some of its lectures mentioned by Rosenzweig affidavit.
62. There could also be doubt that if Brieswili would indicate that the lessee is the representative organization of Jehovah's Witnesses community, was not the principal agrees to contract. Those tests done after the signing of the management agreement, which told her that the activity of Jehovah's Witnesses led to the agreement will not be approved and will be canceled. What was the discovery made earlier, then on the basis of the agreement was not signed at all.
63. The main question is whether that was the duty of disclosure was Brieswili provide the full details of undelivered on hand, as mentioned above, and whether there was a duty on Brieswili Deposited by the circumstances of the case.
64th. Which carries the additional lectures, I do not see the full grading them was a fundamental issue that must be disclosed.
65th. As for marking where the community "Jehovah's Witnesses", no doubt that this issue is more fundamental, since the name "Israel Observatory Association" There is no indication that this is a community of Jehovah's Witnesses, whose names sell much more than 'observatory Israel. "
66th. Still, one has to ask whether there is not enough delivery organization, enabling the verification about it, because there agreed that pressing association Internet search engine, results are obtained that could easily spring to provide information about the relationship between that group and the community of Jehovah's Witnesses.
67th. I believe that in our case there were circumstances in which it was the duty of disclosure of the relationship between the organization and the community of Jehovah's Witnesses, is they will carry out the activities planned rented classroom. The main circumstance that requires execution of the above is that the class is rented in a government school, which exist in the activities of the children as the afternoon and evening hours of the planned activities of the organization in the classroom. As shown below, this fact also has great importance in analyzing the question of the rights affected due to lack of rental and the question of discrimination.
When dealing with minors younger age on the one hand, and the activity raises concerns, as we shall see below, got it the duty of disclosure of the nature of that association, which would allow the lessor to consider the issue of renting in that fact that the activity of Jehovah's Witnesses is in front of her.
68th. If it is argued that the delivery organization's name has to allow investigation of full details of the organization and its activities, and therefore was not lying about the association the duty of disclosure of the information mentioned above, we will restore that section 15 of the Contracts (General Part), does not distinguish between calls negligent and did not examine the words of the The second contract and communicates careful that despite his caution turned out that he was misled, provided proven causal link between deception and engagement [see this matter Nina Salzman negligent false statement currently negotiating towards a contract, The Law Review 55, 62 (Tshm)] .
69th. In our case, can the duty of due care required the principal executive thorough examination of identity and the nature of the organization contracting the agreement before signing, but the failure to perform this test by the principal, may be the basis of the condition precedent in the contract, and whether by negligence or not, does not mean that that disclosure not be considered a violation of the duty of disclosure, and when it violates been here, even deception was here.
70th. I am aware of the difficulties faced by the organization in finding places [to hold meetings/rallies], goalie also that the disclosure of the above could lead to a reasonable probability that the refusal. Therefore, it is clarified No statement referred to above regarding the obligation to disclose to exceed four walls of this decision, since this statement was made on the basis of the circumstances described above regarding the status of activities planned within state elementary school, with all that entails, and the potential presence of children operating environment hours of operation. The foregoing does not establish that other possible cases of non-disclosure by the association will be right. Each case has its own circumstances and, if required it will be examined this question otherwise occur, according to the circumstances of that occurring.
71. Therefore I declare that the circumstances of the present case, it was the duty of Brieswili led the negotiations on behalf of the association, to find that the association represents the community of Jehovah's Witnesses and the planned activity is the activity of that community. Failure to disclose constituted a breach of the duty of disclosure, and deception of the principal so as to justify termination of the agreement due to her deception.
Claim of improper contract
72. This argument relies on the provisions of section 30 of the Contracts (General Part) whereby:
"A contract whose execution, content or purpose are illegal, immoral or contrary to public policy - Turn off".
73. Defendants argue that the contract is not valid and that is contrary to public policy.
Contract not valid - since it is a rental contract grade school and school association sees space preaching conversion of minors, which is prohibited under section 368 of the Penal Code, 1977.
Also argued that since the values of the organization is opposed to the traditions and values of Israel and Israeli perceptions and violate basic human values, the association's activities in school contrary to public policy.
74th. I have not found a place to accept this argument of the defendants.
75th. As for the issue of religious conversion, illegality does not stem directly from the contract, and already it has to numb the defendants demand that the contract will be considered as a contract wrong.
Indeed, among the other activities the organization there may be also the possibility of trying to convert the minors, and that more will be explained later, but not to say that this possibility and the fear that, bring to the agreement, which is essentially intended to rent the association place for operations and for holding lectures once a week, will be set to an agreement to illegal according to the criteria of section 30 of the Contracts (General Part)
More can be said that the sanction prescribed in the Penal Code is sufficient to achieve the aim of the law is not intended to invalidate contracts such as the contract is the subject of this claim (see this matter in his p 503).
76th. As for the claim that the agreement was contrary to public policy, it should be noted that the term "public policy" is a valve that content and application circumstances of each case, devoted to the court.
Honorable President Shamgar ruled in CA 614/76 Palmon v. Doe, PD (3) 85, 94 as follows:
"The issue of public policy is a reflection of the topics they outlooks and views of life special social or national framework given that the plot boundaries of the cause of this disqualification and methods of implementation to the circumstances of each case are unique its work independent of each legal system.
In addition, but of course that notions similar cases vary with the passage of the times and always express the beliefs and opinions of the time. Houses - Court adding existing range of cases enabled principle or even detract from what was common in the past and all this part of the implementation of the broad general principle, mentioned above, in concrete circumstances or otherwise. "
Honorable President Barak held that in determining the scope of "public policy" requires editing the internal balance between conflicting values and interests, which may contradict each other, when public policy is the result of the values and principles that shape the software (CA 6601/96 AES System Inc. v. Saar, PD Ned (3) 850, 861 (2000); HCJFH 4191/97 Recanat v. - National Labor Court, PD Ned (5) 330, 363 (2000).
77th. Do not forget that even if the use of this provision in section 30 of the Contracts (General Part) became more widespread use case law since the 90s (see his pp. 511 ff), still have to drive very carefully used.
Even the Honorable President Barak, who flag making use extends to public policy regarding private law contracts are void, said the ruling HCJFH 4191/97 Recanat v. - National Labor Court, PD Ned (5) 330, (2000) that as not to make the concept of "public policy" dead letter, it must not cause the cancellation of contracts due to public policy will become an everyday matter (ibid., page 364).
Not to mention, Judge Zamir, who is a minority opinion that judgment states that:
"Public policy as a tool to cancel the contract, though not a wild horse is a dangerous instrument. Fact, in terms of the contract, is a deadly weapon. Prohibited Shahid will be quick on the trigger. Indeed worthy of using it to cancel a contract in the event that the contract clearly contradict the basic values or social conventions or the basic need of the public. In this case, a reasonable person standing outside the contract would say no waver much that such a contract, although it is agreed by the parties, is not tolerated - by the public. then the contract is contrary to public policy. however, I think not appropriate to use it to cancel a contract the parties agreed he and others trusted him, only because it does not reflect a proper approach in the eyes of an enlightened person, not necessarily representing the reasonable person "(p. 373).
See also the opinion of Dr. his book mentioned above, and that the proper approach to regulation - the public is supportive approach will of the Parties as expressed in the contract, and that judicial intervention in the contract should be kept in rare cases, and should not become a matter of routine (Shalev Contracts - the general part, prior to the codification of civil law (2005) 324).
78th. Regarding the contract before us, the subject of discussion, do not forget that we are dealing with a rental contract, so first and foremost it must be.
Light of lease request to the defendants to determine on the basis of the country's basic values compared to those of the association, that fact allow the organization to conduct a public facility, and far-reaching outcome can not be reached, not by broader approach mentioned above. Activities of the organization is not outlawed, and if there are Jehovah's Witnesses principles and values that are unacceptable to most of the public, and contradict some values accepted by the majority of the public, the value of the right of association and the right of members of her community to freedom of religion, requires not be determined, lease a place of activity of The association will be considered as a contract contrary to public policy.
Indeed, the foregoing does not determine that allow the organization to maintain its operations in any public place, and that more will be expanded below, but as mentioned, lease place our activities, could be considered contrary to public policy.
79th. Therefore there reject the defendants claim that the contract is void on the basis of Article 30 of the Contracts (General Part)
Governmental promise
80th. The association also argued that the promise was made an administrative organization requires. Do not accept this argument, since we are dealing with an agreement between the parties, and where no grounds to cancel the contract, you can not use detour of "governmental promise" to validate validly canceled the liability under the law of contracts. All without having to having to deal with the question of whether in fact the conditions required for granting her an administrative promise requires charging.
Summary by contract
81. Found the above two valid grounds for cancellation / annulment of the agreement.
One is the cause of non-fulfillment of the condition precedent set by the parties to the agreement.
Second cause is the cause of deception, as discussed above.
Fundamental rights and the allegation of discrimination
82. The remaining question, which was raised in a wide-ranging summation parties, especially the closing arguments plaintiff, is whether the defendants were entitled to refuse to rent the sub association study.
Fundamental rights and relativity
83. The association's general argument is that the acts and omissions of Defendants constitute discrimination that violates fundamental rights "constitutional legality" of the organization, and this will be tested before the anti-discrimination provisions.
84th. The association claims that non-approval activities in the schools is a violation of the rights entitled according to the Basic Law: Human Dignity and Liberty, according to which should be avoided as much as possible from harming the dignity of man, and as such, there is a balance between the various laws, in which if there is a violation, it shall be minimal as possible. Another plaintiff alleged violation of the right to equality, namely the right not to be discriminated against. Yes plaintiff alleged violation of the right to education, because she was not allowed by the defendants to conduct the areas of culture, education and the expansion of education, including religious activities.
In addition, the alleged violation of the freedom of religion, worship, conscience and belief of the plaintiff.
The association also claims that the balance be performed between conflicting rights and values, the right of the plaintiff to maintain the desired activity, for plaintiff rights are consistent with the law, including the State Education Law and goals. It was also claimed that the defendants were able to offer alternative proposals to the plaintiff, such as changing the hours of operation or proposed alternative place of existence.
Further argued that severe harm fundamental rights of the plaintiff does not meet the limitations clause in section 8 of the Basic Law: Human Dignity and Liberty.
85th. Defendants do not dispute that the members of the association have the right to freedom of religion that they are entitled to exercise democratic State of Israel. However, these rights are not absolute but are relative and there is a balance between the rights of the association on the one hand, and the rights of minors who visit the school, parents and other local residents to enter it. Existence of the plaintiff's legal right to hold the meetings of the community, does not mean that enable implementation at all times and in all conditions, so as not deprived of the association the right to hold the encounters in Netanya, just refrain from National Jewish educational institution.
Defendants bring samples to delay the exercise of constitutional rights (eg the right to a Jewish Temple Mount).
Conflict between fundamental rights of adults to the rights of minors and welfare, given the law stopped priority rights of minors. In our case, the minors are exposed to the possibility of the conversion attempts, and violent incidents, since the association noted that community members often suffer from physical violence.
Respondents also noted the priority of public interest when principal belief of our members opposed to the principles of the State Education Law, and their values Israeli state is obligated to protect under the law, and by virtue of its right to exist as a Jewish state.
Defendants argued that missionary activity of the organization and that there is no place that the establishment of public national education, the representative here is public school, shall sponsor missionary activity that encourages Join the Christian community unique, not encourage it, especially as having engaged in school appears to seal provided by the school for this activity .
They also contended that make use of the precautionary principle.
OK plaintiff sustain operations precedent compound could be used in many anti-Zionist parties, who wish to conduct similar compounds schools in the country.
Limitations clause in the Basic Law: Human Dignity and Liberty exists.
86th. There is no dispute that the association and its members basic rights mentioned in the lawsuit, the highlight of which is the right to freedom of religion and worship, as the association's central claim that the refusal to lease the classroom for its operations due to the religion of our members.
This right was told once that is recognized as a fundamental right of the person (see HCJ 1890/03 City of Bethlehem v. State of Israel - Ministry of Defense (published in Nevo, 3.2.2005), and Article 12 review that judgment).
However, the same judgment states that "religious freedom is not absolute freedom. This relative freedom, which may, in some cases, to withdraw from public interests or other basic rights" (paragraph 14 of the judgment).
Also HC 292/83 Temple Mount Faithful v. Jerusalem District Police Commander, PD wet (2) 449, 455 (1984) states in this regard that:
"Freedom of conscience, belief, faith and worship, as much as they flow from faith into action, are not an absolute freedom ... freedom of conscience, belief in religion and worship is relative freedom. Has to balance between rights and interests are also worthy of protection, such as private property, public and freedom of movement. single interests to be considered is that of public order and public security "...
Many other examples of the right religion and worship (as well as other basic rights) are not absolute and can be limited exercise in consideration of the public interest can be found in the following judgments: HC 3641/03 The Temple Mount Faithful v. Hanegbi, paragraph 3 (published in Nevo, 28.4. 03) HC 7311/02 Association for the Defense of Bedouin Rights in Israel v. City of Be'er Sheva (published in Nevo, 06/22/11).
Organization's activities, ideas and values
87th. To examine the conflicting interests, in light of the location where the organization wishes to maintain its operations, elementary public school, it behooves us to examine the nature of the activity that seeks to hold the class association rented, and in light of the arguments heard in the values and principles of the community of Jehovah's Witnesses.
Defendants Expert
88th. This question tried to answer expert for the defendants, Dr. Gabi Zohar (the "Expert"), which filed opinions about the organization of Jehovah's Witnesses.
89th. I note, first, that I do not accept the claims of association concerning the lack of expertise of the expert was asked to testify in him. The expert presented himself as a social worker certified BA and MA in Social Work and a PhD in Education, a specialist in treating families name their children in cults mystic, and author of the book deals with, among other things, the phenomenon of cults mystic, who teaches this subject at colleges and private entities. Moreover, noting that Jehovah's Witnesses interviewed people in the 80s and 90s, met with leaders of sects, cults victims' families, and treated two patients of Jehovah's Witnesses in the last two years. noted also last a very thorough study including with leading experts from the U.S. on this issue has been in the 80 and Over updated over the years and studying this area.
90th. The plaintiff attacked the expertise of the expert, it has no academic qualifications in the field of religions and sects, that a large part from the opinion copied from "Wikipedia" and that his investigation revealed discrepancies between the answers and to the opinion, and you control expert to write opinions.
91. That a person is an expert in a particular field, does not require to have a college education in the same field. Expertise can be acquired in different ways, rather than academic studies, although there is no dispute that academic studies considerable contribution of individual expertise.
For expert Dr. Zohar, the information presented in paragraph 89 above indicate expertise in the field, which was acquired through academic studies, and there is no undo this expertise.
I accept the plaintiff's argument that no small part from the opinion of the expert, the same details Website to Wikipedia "about Jehovah's Witnesses. I accept that covered an expert to gather the materials is the subject of the opinion that the Internet encyclopedia, but do not ignore the fact that the material contained on the site and Wikipedia about Jehovah's Witnesses, a client part of the web site of Jehovah's Witnesses. "Shortcut" it took the expert is right, then, but not enough to detract from its expertise and validity of the expert's opinion it is filed.
As plaintiff alleges lack of expertise of the expert who came from the examination, review a summary of the plaintiff in this matter, and I have found that to accept this argument. The expert could not answer what the name of the leader of the Lord today, but that does not indicate lack of expertise of the expert in the field testified. The same applies to the question of which countries are recognized Jehovah's Witnesses as a religion, an expert could not answer accurately. Other questions asked the expert, and cited by the plaintiff summary, do not indicate a lack of orientation or professionalism of the expert, which is also sometimes resulted in the plaintiff before the expert data different from the data, without having data claimant basis (for example, about the number of Jehovah's Witnesses in Israel, where a hole in " plaintiff about the number 1,000, while the expert named by 4,000 Jehovah's Witnesses in Israel).
92. Therefore I do not accept the claims of the plaintiff against the expert.
I note also that the findings regarding the Jehovah's Witness community are taken just expert opinion but also from data drawn from his assurances of Brieswili and other publications of Jehovah's Witnesses community itself.
93. Expert opinion noted that the community of Jehovah's Witnesses is a cult for everything. The Association opposes this description, and claims that it is a religion and not a cult.
Argument supporting expert judgment in CA 2266/93 Anonymous v. Anonymous, PD matte (1) 221 (1995), where we will discuss the case where a spouse has joined the Jehovah's Witnesses, which is called a "cult" over the verdict.
However I do not see the need to resolve the dispute this, since I do not think it's necessary in order to determine the main dispute in the case. Whether it is a cult and whether it is religion, the result of the judgment will not change.
94th. Expert opinion indicates that the Jehovah's Witnesses engage in missionary activity, going door to door in pairs and try to convince people to join their ranks.
The expert notes values and views of Jehovah's Witnesses, such that when the day of judgment will remain the only members of the cult alive.
Thus, also noted that homosexual sex and relationships before marriage are considered a grave sin, abortion is considered murder, illicit gambling and encouragement of modesty. Jehovah's Witnesses do not give blood, do not get the blood and do not allow organ transplantation, even life-threatening situations. Prohibited from singing a hymn or salute the flag, religious and secular holidays are celebrated. Jehovah's Witnesses do not recognize the symbol, the anthem and the flag state, denying participation on Holocaust Memorial Day for Fallen Soldiers. Community believes in the existence of Satan as the ruler of the unseen world, which is political organizations and other religions have it opposes.
Another expert noted that the content of Jehovah's Witnesses opposed to the values of the State of Israel.
The expert also noted the clear aims of the association is to engage in worship and missionary in the region in Netanya, and spread their ideas among local residents, promote the activities of Jehovah's Witnesses and obtain legitimacy for their actions by using the official facility of the Ministry of Education and City Hall. He also noted that such prolonged activity over time may reveal many residents, especially minors organization's activities.
Missionary
95th. Even Shoshan dictionary missionary defined as: "a messenger, a member of the Mission, a person sent to spread Torah, a person is sent to buy souls", and this aspect of the missionary activities of Jehovah's Witnesses, the expert's words were confirmed by Brieswili and by the community of Jehovah's Witnesses publications.
According to a public official site of Jehovah's Witnesses, an organization which has "millions of witnesses and those engaged in preaching the gospel in over 230 countries" (F / 4 Section 1).
The organization is divided into communities that hold meetings several times a week, when the subject matter is based on the Bible. Every community has a community elders which has primary responsibility for training community, they take care of the spiritual needs of the community and can be a source of comfort and guidance in times of crisis (F / 4).
Brieswili is "old community" (despite his young age, age about 30 years) Netanya, and organizes community meetings in the city.
Brieswili noted in his testimony that his Netanya was divided into smaller areas, and community members choose Properties close to their homes to teach others "and preach the Gospel" (p. 18 Q 18-25).
When asked what the purpose of the organization Brieswili answered is this:
"We're moving people to come to them and actually before we did an investigation in the Scriptures and knew we we got we want to convey. Example of hope, our understanding of scripture we give to others, those interested say I'm interested. This can be in the streets or at home and home" (for details, 6/21/11, p 17, S. 28-31).
Brieswili not specify the ultimate goal of spreading the gospel, but the official site of Jehovah's Witnesses, describes in detail not only the activity but also the goal: add more to the organization and believe in baptism:
"Local community ... is the center of the declaration of the good news in your area. Preaching the area which is responsible for community divide into smaller areas, and those of trying to divide the witnesses to speak with people every single house ... every Jehovah's Witness organization is an important precursor, each witnesses ... personally precursor Number others about the kingdom of God ... preaching activity reports end up a global center where editors and publishers yearbook. annually published booklet Observatory data table ... both of these publications provides detailed reports on annual achievements of Jehovah's Witnesses in the declaration of the Lord and His kingdom headed by the messiah Jesus ... Jehovah's Witnesses spend more than a billion a year s declaration of good news, and distribute hundreds of millions of items of literature. every year are baptized more than 300,000 people "(F / 5).
These clear words described a central goal of the organization of Jehovah's Witnesses and extensive missionary activity management and intensive in order to annex their ranks more and baptizing believers.
Brieswili confirmed that reports of the preaching task indeed sent by him to the center of the world (p. 18 Q 26-27).
Also, divided by association propaganda pamphlets needs.
96th. Significant addition to the above, she wrote a journal called "skin" by the plaintiff entitled "Young asking ... how I will inform friends from school?". This article has been obtained by the expert after interrogation in court, as explained in his affidavit attached to the application submission. Article (plus clause explanation of the journal) was submitted by a permit issued by the court a detailed decision from 7:12:11, while determined that the plaintiff is entitled to investigate the expert affidavit, a hearing was scheduled for this purpose, and delayed filing totals.
Then the prosecutor announced that it waives the expert investigation, citing that this remark to upload or download.
Here are excerpts from the article mentioned above:
"Among the true messiahs, young evaluators have the right footwear put in the hands of God to share with others the faith. Thousands of young Jehovah's Witnesses are moving from house to house and take part in the work of preaching."
"Extracurricular activities provide good opportunities to share biblical truth."
"... It is no wonder that Jehovah expects all messianic publicly state his belief ... hence the importance to chat with fellow classmates."
"There is quite a presence in the congregation with your parents."
"As your belief acculturation that will burn you need to talk to people in general and your friends study in particular."
"A young woman named Rebecca admits that in the past she was afraid to run into someone who knew her when she was a forerunner, but she found Im tell them you messianic and you heralds from house to house, they may ask you," Did you get me, too? "".
But why wait for a chance meeting? Try to find opportunities for meat already at school ... a girl named ... notes: "The school is the area of preaching only we can operate." Indeed, many young people take the opportunity to announce that they have randomly at school. "
In this article we learn that spreading the Gospel by members of Jehovah's Witnesses is a major objective planted deep roots organization that encourages it boys and girls to spread their beliefs at school (which he sees as an area of preaching more) and among high school students, to have them join the ranks of the organization .
97th. The above dropping demand basis organization to allow it to exist in the areas of school operations.
98th. Solicitation or enticement conversion of an adult is not a crime (unless it involves promises of money, services or material benefits - see section 174 of the Penal Code).
Not so for solicitation of a minor to convert. Section 368 (a) of the Penal Code states that "the ceremony conversion of a minor or do some other action resulting in conversion of a minor, in violation of Section 13 A of the Legal Capacity and Guardianship, 1962 - is liable to six months."
Section 368 (b) of the Penal Code states that "soliciting a minor, her direct him to convert - is liable to six months."
99th. The area of the school is not depleted in the afternoon and evening, but added reach of children for various activities. The school serves the local community center Givat engagement and operated by a nonprofit organization founded by community centers, and also operate the sports department of the municipal association and social club for the children. In addition, there is a school during these hours until late evening school activities such as social seminars, parties, ceremonies, parent-teacher conferences, etc..Activities at the community center until past 20:00 and sometimes 22:00. Exists Municipal Library open their libraries to the closure of the community center. There are also sports fields and school yard used free children's activities (see sections 5, 18 Affidavit principal).
As noted there, during all those hours in school children movement constant.
100. Light of the dominant purpose of the organization of Jehovah's Witnesses spread the word by his disciples among others, in order to join them for their services, and actually convert, while he also sees the territory of School Area preaching for the dissemination of ideas and organization can not be said that the organization's activities in school is an activity of lectures only, and there is a very real concern that that being members of the Jehovah's Witness community on school grounds and carrying Asifotihm which will form field for spreading these ideas not only for adults but also for minors, and attempts to recruit them into the ranks of the organization. Activities of "bringing the Gospel" to others is a major activity of the organization, and is an integral part of its essence, so there is no reason to assume that precisely gatherings members of the organization at the school in Netanya limit are themselves lectures only, and will give up other activities Basifotihm, as instructed on Jehovah's Witnesses , and the main activity of other believers raising their ranks, by the way Htcnsoiotihm those utilizing the convergence environment for this purpose.
Please note that as indicated by the affidavit in reply to the questionnaire of the Association c / 3, Netanya plaintiff meetings usually arrive about 23 people including children including minors. Light of the article in the journal "skin" parts of which were quoted above, and which encourages use on school grounds preaching zone minors, there is no doubt that the concern expressed above, although increasing. should remember that when it comes to minors that are in the formation of educational and psychological maturation process, they are exposed to different content than others, including those distributed by the Association manner that would bring them to the organization, (see the expert opinion be ).
101. Hours of operation specified in the agreement (18:30 to 21:30) overlapping hours when activities are minors, and minors are on school grounds intensively, and copy the classroom rental hours hours later, there was no useful light which ended late hours minors activities.
102. I further accept that since the association and its activities are exposed to violence (see paragraphs 15-16 summaries of the plaintiff) to remove this activity requires a bustling complex minors, children and youth, to avoid the risk minors.
103. Allowing the organization to maintain its activities within the school, classroom, also conveys a message alleged to minors as encouraging school activities and gives her his protection.
104. Not only the organization and its members have a right to dignity but also to minors, and to protect them from exposure to attempts to distribute ideas and beliefs in order to achieve a result of the conversion (even if this dish later), when these ideas also affect the welfare general of the children at present . See this regard, CA 2266/93 Anonymous v. Anonymous, PD matte (1) 221 (1995) relating to minors whose mother joined the Jehovah's Witnesses. The Supreme Court upheld the lower court's decision which determined that:
"As education of the children, the woman will prevent from taking the minor meetings and activities of the sect and avoid teaching the children about the religious practices of the sect and not affect them in any way to avoid participation holidays, celebrations, social events accepted in society, until the arrival of children into adulthood or emotional maturity provides, in the opinion of CPOs and social workers would be in a family that are able to deal with the conflict between the faith of their parents and may form their opinions about the way self will want to choose "(p. 262).
More has to protect the personal safety of the children and to uncover possible violence against members of the association, which can hurt even them.
105. All the aspects mentioned above, it is not appropriate and it is not true that the organization's activities will be held in the schoolhouse.
106. These are sufficient to establish that the basic rights of association and its members give way to the rights of minors listed above. However, we will, as long as briefly as possible, the question of the values of the organization.
Jehovah's Witnesses organization values and compliance versus other values
107. Values and the content of the association and the community of Jehovah's Witnesses did not come just expert opinion but also materials of the organization itself and the testimony of Brieswili, and they will be presented below in brief required (reference to the following appear at 5-6 summaries of the respondents):
A. Jehovah's Witnesses do not participate in wars and as a result avoid Mlhtgais army.
In. Jehovah's Witnesses do not interfere in political matters, and consequently refrain from voting in elections.
C. Jehovah's Witnesses believe that Satan rules the world, and that is also misleading through the worship of political organizations.
Wednesday. Jehovah's Witnesses oppose blood donation and organ donation and vaccine derived from blood even if they are meant for saving their lives.
The. Jehovah's Witnesses believe that there should be any human laws that do not conflict with the laws of God (conscription law such conflict exists). The negative can be said that Jehovah's Witnesses do not hold the laws that conflict with God's laws.
And. Community members do not participate in Memorial Day ceremonies and not for the IDF Memorial Day siren.
108. Article 2 of the State Education Law stipulates that the state education goals are these:
(1) to educate a person to love people, love people and love of his country, a loyal citizen of the State of Israel, who respects his parents and his family, his heritage, cultural identity and language;
(2) to instill the principles in the Declaration of the State of Israel and the values of Israel as a Jewish and democratic state and to develop respect for human rights, fundamental freedoms, democratic values, observance of law, culture and opinions of others, and educate the pursuit of peace and tolerance in relations between people and between peoples;
(3) to teach the history of Israel and the State of Israel;
(4) teaching the Torah of Israel, Jewish history and heritage of Israel and the Jewish tradition, instill awareness of Holocaust and Heroism, and educate respected;
(5) develop the personality of the child and the child, the creativity and the different talents, expand their cultural and artistic experiences Lhsfm, all extracting full potential as human beings living a life of quality and meaning;
(6) establish the knowledge of the girl child and science disciplines various human creation and the generational issue, and the basic skills they will need in their lives as human beings mature free society, and to encourage physical activity and leisure;
(7) strengthen the judgment and criticism, to foster intellectual curiosity, independent thinking and initiative, and develop and awareness changes and innovations;
(8) To provide equal opportunities for all children, allow them to develop their own way and create an atmosphere that encourages and supports it different;
(9) foster involvement in the life of society, willingness to accept roles and fulfill them out of dedication and responsibility, desire for mutual aid, community service, volunteerism and striving for social justice in Israel;
(10) develop respect and responsibility for the natural environment and connection to Israel, its landscape, flora and fauna;
(11) recognize the language, culture, history, heritage and unique traditions of the Arab population and other population groups in Israel and recognize the equal rights of all citizens of Israel;
(12) Educate recognition of the sanctity of life and instill a sense of safety and care, including road safety.
109. Director General of the Ministry of Education circular about opening schools activities in the afternoon and evening (Appendix "A" to the affidavit principal) establishes qualification that "... provided that these action plans conflict with the purposes of education, as formulated in Article 2 of the State Education Law 1953, and the nature of the institution in which standing to maintain these actions. "
110. This limitation is clear and obvious, because it is not appropriate and it is not fitting that activity with the public school will go against the nature of education and the school when there is activity. Existence of a particular activity gives children an educational institution even implicitly sanction the activities taking place within its walls, and because of this it is necessary that the planned activities consistent with the educational objectives and the nature of the educational institution.
Although plaintiff does not deny this limit, but argues that there is no contradiction between the plaintiff and activity targets the State Education Law (see, eg, Sections 227-234, 278 summaries of the plaintiff).
111. Without deepen each tag tag values and beliefs of Jehovah's Witnesses, conspicuous, that several levels of these values are consistent with the goals of education, and guidance is non-participation of Jehovah's Witnesses in the elections, which is against the principle of the democratic state. In addition, the principle that there should be no state laws that conflict with God's law also violates the foundations of democracy and the rule of law and save it. Non-participation principle of state ceremonies have in common the most widely contradicts the value of involvement in Israeli society.Avoiding to donate blood, vaccines derived from blood and transplant contrary to the value of the sanctity of life.
Also allegations that the different values set out in the State Education Law consistent with allowing for the association's activities in school (and especially the value of tolerance, expanding horizons, and the recognition of equal rights of all citizens), there derogate from those values and beliefs of the community of Jehovah's Witnesses at odds with the purposes state education, as mentioned above.
It goes without will also bring the content of the judgment in CA 2266/93 Anonymous v. Anonymous, PD matte (1) 221, 272 (1995):
"Trial judge noted that the conflict between faith sect and Judaism acute is that exposure affects the welfare general of the minor, and that no doubt relates to the belief that distributes the sect is not consistent with the principles, practices, opinions and taught in Israeli Jewish society, the within the school and beyond.
In making these determinations should not intervene. "
This statement leads us well into the next section, about the nature of the school.
112. In addition to the above, there is also no doubt that permitting subsistence activities, including that relating to their faith and religion of the participants in this activity should be examined that does not go against the nature of the institution where the activity takes place, as prescribed in the circular CEO mentioned above.
The association sought to sustain the activities planned elementary public school attended by Jewish students (or mostly disciples were Jews except for a few). This is not a public place "neutral", but the school and pupils are educated ones, and after-school organization that sought to sustain its operations, activities are students at the school.
Whether it is a cult and whether it is religion, Jehovah's Witnesses are a Christian community unique with special values, and carrying activities of this community within the framework of school buildings contradicts the nature of the school which educated Jewish religion (or the vast majority of whom are members of the Jewish religion).
Public interest and the desire to maintain the character of the school as such described above, are retreating from the right to freedom of religion of the association and its members but increasing them.
I do not think that the answer would have changed if he asks Muslim organization to maintain its activities and rituals of religious Jewish school, and the same answer was obtained which had a Jewish organization seeks to hold meetings, prayer services, etc. Christian school, for example, especially when accompanied it also will make persons. I accept also that the principal's response can be considered missionary activity should not take place at school (p. 43 S. 18), whatever the religion of those who observe the activity.
Public interest to maintain the unique character of the school in terms of students growing religion in this case clearly Christian Association will hold the Htcnsoiotih, rituals and prayers (I explained above that I do not accept the argument that the lectures only), a Jewish school instead.
113. Therefore, even in terms of the above does not allow the existence of the desired activity of the organization in the school.
Limitations clause in the Basic Law: Human Dignity and Liberty
114. In our case, we reach the limitations clause in section 8 of the Basic Law: Human Dignity and Liberty, for which we are dealing and laws restricting the rights of the Association to hold its cult in school (Penal Law, State Education Law) laws are enacted before the enactment of the Basic Law provisions.
Cases of these laws, Article 10 of the Basic Law that "no law - this element affect the validity of the law that existed prior to the commencement of the Act - the foundation," ie, the validity of the previous law is maintained even after the enactment of Basic Law: Human Dignity and Liberty, even if the interpretation previous law will be affected by the Basic Law [See in this regard, for example, HCJ 6820/12 Dill v. Knesset of Israel (published in Nevo, 24/12/12) CA 8622/07 Rothman v. Department of Public Works - Israel National Roads Company Ltd. "from section 36 of the judgment (published in Nevo, 14.5.12)].
115. However, in brief and without expanding it, I will note that while I was required to determine whether the violation of rights under the Basic Law: Human Dignity and Liberty is lawful and in accordance with the limitation clause in section 8 of the Basic Law provisions, this question was answered in the affirmative.
Prohibition of Discrimination
116. Section 3 (a) of the Anti-discrimination prohibits, inter alia, discrimination in the provision of entry to public or in supplying services in a public place due to a religious group.
117. Without getting into the various aspects involved in the application of the said law to this case, it is on the basis of the above judgment, it is possible to determine that as it was discrimination by the defendants on the island of privilege hiring classroom by association, some of the reasons that the discrimination was due to the missionary activity of the same association, not because of the religion of the members of the association itself or being religious group as such.
118. In addition, section 3 (d) of the said law states that as discrimination under section 3 "when it is necessary for the character or nature of the product, public service or public place."
In our case, we saw that the absence of the possibility to rent the classroom for meetings of Jehovah's Witnesses community due primarily to the fact that seek to sustain the operations of the busy school association even when the minors desirable, and due to the nature of the school attended by Jewish students.
Therefore, and as they need to, in our case there is applicability provisions Section 3 (d) of the Anti-discrimination.
119. It should be emphasized that this judgment is the question of the existence of the plaintiff operations in public elementary school, and there is no reason that the plaintiff will hold the Htcnsoiotih and Asifotih other possible locations, and that the defendants recognize the right of association.
Plaintiff's other claims
120. Plaintiff territory before the Court a broad canvas of the claims and arguments (I will note that the scope of the totals and summaries of the plaintiff's answer was very evident and beyond what is necessary), but following a detailed discussion above, there is no room for those remaining claims so far not been discussed in detail.
121. So, for example, have to reject the claims of the plaintiff for the tort of negligence and breach of statutory duty, since, due to non-agreement comes into force or the right of the defendants to cancel the agreement, as well as the right not to rent the classroom to the plaintiff, there is no basis for the claims about these injustices.
122. In the same way, and as another example there is no basis for allegations against the defendants originating in administrative law (including reasonable administrative decision), and the aforesaid to bring rejecting.
Judgment on the subject of the Convention Center
123. The association sought to draw a lesson from the judgment given HF (District Haifa) 110/06 Israel Observatory Association v. International Convention Center - Haifa Ltd. (published in Nevo, 02/05/07).
Same judgment given by a court order prohibiting the defendants discriminate against the plaintiff on grounds of religion, religious affiliation or other similar taste and avoid Thus Mlsrb call for an agreement with the plaintiff Conference Haifa International Convention Center, the same or similar commercial conditions have existed between the parties last five years.
Aforesaid judgment where defendants can consent, after being submitted to the Attorney General that the island has the consent of the defendants to continue to rent the center for holding conferences constitute discrimination prohibited by the plaintiff.
124. Expert for the defendants referred to in Article 7 of his opinion and stated that:
"When I came to examine the District Court's decision on the subject Insert a one-time community" Jehovah's Witnesses "at the Congress Center in Haifa, compared with the requirement to maintain current activity on a regular basis at a school in Netanya, one can not see a big difference., On the one hand, this is a public Bmtko distant from neighborhood and community center in the urban city, designed to be used one time the community without having any effect missionary true, primarily using internal needs of the community. On the other hand, in the case under discussion, it is a school in a residential neighborhood whose residents are far from sweeping the faith of members "Jehovah's Witnesses", School serves to continuous activity centers for children and youth in the neighborhood and the city. activity it seeks to sustain the organization, the purpose of worship and missionary activity designed to bring the community more and more followers.
Not comparable in severity to use one - time allowed the community "Jehovah's Witnesses" at the Congress Center in Haifa, does not encode any educational value, far from any urban center and is located on the city, as opposed to using a continuous and constant school is considered as a focus for community and educational center of the region and the city. "
125. I do agree that there is a distinction between that case discussed in the ruling Congress Center for the present case.
Public place there is a conference center for conferences, in our case seeking to rent a classroom after-school activities.
Place the conference there was a building intended for conferences, while the classroom is usually used for meetings of a religious community.
Not compare the conference center Congress, where "neutral" unspoiled and unique characteristics, for activities in school has its own unique characteristics.
Convention center crowd different audience minor students located on the school grounds after school hours.
Conference or convention is the subject of the aforesaid judgment are disposable and weekly gatherings in our case, the apparent purpose is to bring and attach Jehovah's Witnesses believe the community more.
Same judgment is not the subject of missionary activity among minors, as shown by the case.
126. All of the above should distinguish one case from another, hence the different outcome in both cases.
127. It should be noted that two days before the scheduled start hearing the evidence, the plaintiff requested to order the attorney general join this proceeding, in accordance with the order Procedure (stabilization of the Attorney General) [New Version] (the "Order of Procedure").
In a decision dated 08.03.11 was determined that nothing prevents a plaintiff will direct the Attorney General and ask him to consider joining the proceedings that, because the Attorney General discretion to report certain process and be heard under Article 1 of Procedure Ordinance.
Apparently (and as I recall, since I could not find reference to the following), the plaintiff chose not to contact the Attorney General in this regard.
Summary
128. Therefore I reject the plaintiff's claim.
129. Plaintiff shall pay Defendants procedure expenses plus linkage differences and interest legally from their removal until actual payment, as well as attorney's fees in the amount ₪ 20,000.
Today, eighteen Maple Tsha"d, 18/02/2014, in the absence of the parties.