Haim Cohn Chair in Human Rights - Report of May 2001

During the 1999-2001report period I continued to teach, do research, and actively participate in related activities. I stepped down as the President of the Association for Civil Rights in Israel at the end of my term, December 1999. I remain involved with ACRI’s activities as a senior member. Since January of 2001 I was again appointed as Chair of the Academic Committee of the Human Rights Center at the Hebrew University.

In September 2000 I was awarded the Bar Annual Prize (together with ACRI). In October 2000 I won a prize for criticism of the Media from the Association for the Public’s Right to Know.

 

November 2000 I was appointed a member of the Presidium of Yahad: A Public Committee, under the auspices of the President of Israel, to deal with Relations between religious and non-Religious in Israel.

 

Starting in January 1999, I am chairing, together with Professor Harry Frankfurt from Princeton University, a joint project of Mishkenot sha-ananim and the Princeton Center for Human Values, on the relationships between Equality and Integration. The project is planned as a three-meeting, resulting in a volume of essays. The first meeting took place in Princeton in January 2001. A second meeting is planned for 2003.

 

I continue to be a senior fellow of the Israel Democracy Institute (IDI), working on a project called "A Social contract for Israel," dealing with Israel’s major rifts and ways of dealing with them. Within this framework I led two dialogue groups. One, between Jews and Arab citizens in Israel, met for three years, until the end of 2000. The discussions were candid and original, and all participants were impressed by their seriousness. Unfortunately, the group could not have come to an agreement. Arab participants could not affirm the legitimacy of Israel as a Jewish state, and most Jewish participants felt they could not reach a constitutional-like agreement without such an affirmation. We are now preparing the proceedings of the group for publication. The second group met for over a year, during 1999-2000, and dealt with the growing social-economic gaps within Israel. A document based on these discussions is now being written. I also participate in the IDI’s public Council, devoted to a promotion of constitutional discourse in Israel. The Council, chaired by retired Supreme Court Justice Meir Shamgar has met four times. Finally, since returning from Princeton in the summer of 1998 I have been working on a proposed agreement concerning the relations between Orthodox and non-Orthodox Jews in Israel. The project started at the Hartman Institute, and was then moved to the Rabin Center. With Rabbi Yaakov Medan, I have written a comprehensive document about the general framework for these relations, and proposals for the main issues in controversy. In September 2001 Rabbi Medan and myself were awarded the Avi-Chai Prize for this project.

 

 

Conferences and Panels

 

During this period I have participated in a number of conferences and panels devoted to related subjects:

 

March 28, 1999: Chicago Jewish community: Israel as a Jewish and democratic state

March 30, 1999: U. of Ill. Hillel Center: Israel as a Jewish and democratic state.

April 22, 1999, Philosophy and Public Affairs Forum, Princeton: Can Israel be Both Jewish and Democratic?

April 24, 1999: The Greensboro NC, synagogue: Israel as a Jewish and democratic state.

April 25, 1999: Greensboro, NC: Equality and Integration.

May 23, 1999: Conference of Israel Studies, Washington DC: Does Equality Require Integration?

May 27, 1999: Speech to the NIF board, NY on Rifts in Israeli Society.

July 14, 1999: Cornell University: Can Israel be Both Jewish and Democratic?

August 29-31, Petra, Jordan: A Dialogue group Between Arabs and Israeli Jews: On Victims and Victimizers.

October 7, 1999: Speech, The Implications of the Court Reform on the Conception of the Supreme Court.

October 15-16, Princeton: paper in a UNU international convention on the protection of rights.

October 29-30, Greece, A Harvard-IdI conference on state and religion.

November 3, 1999: paper, Israeli Law and Society Association: The Law of

Return.

 

November 10-11, Organization of a conference on 30 Years to the Bergman decision (with Y. Dotan). Paper: A Jewish and Democratic state in the Court’s opinions.

 

November 16, 1999: Hartman Institute: Talk to Teachers and Supervisors on the Religious-Non religious divide.

 

November 22: Talk on the law of equality in Israel in a German-Israeli conference on 50 Years to Israeli Law.

 

November 25-26, 1999: Meeting of the Public Law Association: The status of the Constitutional Process in Israel.

 

December 4, 1999: National TV, Status of Women (for Human Rights Day).

 

December 8, 1999: Visiting anchor, Inyan Acher, Human Rights Day.

 

December 21, 1999: Talk to the Tel Aviv Bar, The Role of Lawyers in Protecting Human Rights.

 

January 25, 2000: Talk to students of the High School for Science and Arts, Jerusalem: Is Everyhing Justiciable?

 

January 27, 2000: Talk to the Forum of Leadership, Hartman Institute, on Israel as a Jewish and Democratic State.

 

February 15, 2000: Chair, Panel on religious Pluralism in an International conference on Religion, Secularity and Human Rights, HU, Jerusalem.

 

February 16, 2000: Lecture, Shalem Center: The Federalist Papers and Their relevance to present-Day Israel.

 

February 20, 2000: Rome, Annual Meeting of the Jerusalem Foundation International Board, Panel on Conflicts between Religions and Nations.

 

February 23, 2000: Hartman Institute, International conference on H.D. Halevi: Halevi’s Contribution to Religious and non-Religious relations in Israel.

 

March 1, 2000: Panel, Rabin Center, The Rabin Murder in Context.

 

March 7, 2000: Panel, Knesset, The Law of Return: Should we Amend it?

 

March 30, 2000: Chair, Panel on Dan Shifftan’s book: The Necessity of Separation, Van Leer, Jerusalem.

 

April 10, 2000: Panel, The Implications of the Kaadan Decision, Jerusalem.

 

April 27-30, Reunion, Center for Human Values, Princeton University.

 

May 17, Arab TV, Israel: On the Jewish-Arab Rift in Israel.

 

May 25, 2000: Israel as a Jewish and Democratic State, The President’s International Conference on Jewish Identity, HU.

 

June 1, 2000: Keynote Address in Memorial for Arieh Dvir.

 

June 8, 2000: Contemporary Problems in Contemporary Israeli Society: Tikkun Shavuot, Beit Shemesh.

 

June 15, 2000: Talk, ACRI and the Struggle for Human Rights in Israel, Tel-Aviv.

 

June 21, 2000: A Covenant Between Orthodox and Non-Orthodox in Israel: Talk to the Hartmann Philosophy Conference.

 

June 26, 2000:

A Jewish and a Democratic State, School for Leadership in Education, Jerusalem

Talk on the Role of the High Court of Justice in Israeli Society, The Zohar Group.

Keynote address: Human Rights in Divided Societies, Graduation of Social Sciences of the Michlala Le-minhal.

 

June 29-July 2, 2000: International conference on Constitution-Making Processes, Berlin Institute for Advanced Studies.

 

July 26, 2000: Panel in a discussion by the Begin Center: We Should never Have a Civil War.

 

July 30, 2000: Talk to MPs on the Constitutional Process in Israel, Jerusalem.

 

August 25, 2000: Keynote speech, International Conference of the Psychological Association: Human Rights in Divided Societies.

 

August 28, 2000: Hagganah Jerusalem Veterans, Israel as a jewish and Democratic State.

 

September 5, 2000: Jerusalem, Ceremony of the Annual Bar Prize.

 

September 7, 2000: Lecture to lawyers in the civil service on: When should We Legislate?

 

September 11, 2000: (With R. Y. Medan) A New covenant between religious and non-religious in Israel, The Forum For National Consensus

 

September 12, 2000: IDI, a discussion of Basic Laws and the Constitution.

 

September 18, 2000: Rabin Center: A Discussion of The Lessons of the Rabin Assassination, on the occasion of the publication of a book edited by Y. Perry.

 

September 24-25, 2000, IDI International advisory committee, discussion of aspects of the constitutional process in Israel.

 

October 11, 2000: Lecture on the New covenant between Religious and non-Religious in Israel.

 

October 25, 2000: Lecture in honor of David Hartman, upon his winning of the Annual Avi-Hai prize for Toleration and co-existence.

 

October 29, 2000: (a) leading a workshop for Ethics in Journalism in Mishkenot-sha-ananaim, directed by Uzi Ben Zimann, on privacy.

(Two)                       Participating in a panel discussion on Israel’s radio on judicial activism, on the opportunity of the publication of my book on the subject (with others).

 

November 8, 2000: participation in a panel hosted by The Movement for Quality Government, on the Limits of the Obligation to Obey the Law. Proceedings were published in the Movement’s bulletin.

 

November 14, 2000: Meeting with MPs, headed by chair A. Burg, to discuss the proposal on a New Covenant Between religious and non-religious in Israel.

 

November 19, 2000: A public discussion of Judicial Activism, Alumni of the Faculty of Law, HU.

 

November 22, 2000: participation in a public discussion of the proposed Human Rights Commission to Israel in the Ministry of Justice.

 

November 26, 2000: Participation in a panel on ‘What is Leadership” in memory of Yigal Milo. My text was published in Memad.

 

November 28, 2000: Speech to an AJC delegation on Israel as a jewish and Democratic State (with M. Kaveh and D. Meridor).

 

December 10, 2000: (a) participation in ACRI-led internet online discussion of human rights issues.

(Two)                       The Human Rights Day public lecture of the ministry of education: Human Rights in Times of Great controversy.

 

December 12, 2000: Giving ACRI’s Emil Grunzweig Human Rights Prize of the Year to the winner – journalist Joseph Elgazi, in the chambers of the Knesset Chair.

 

December 26, 2000: Talk to the Yeruham Forum on Democracy in Divided Societies.

 

January 8, 2001: IDI: participation, the Legitimacy of Conducting Peace Talks during an election Campaign.

 

January 11, 2001: Talk to the Bereaved Parents Forum, Rabin Square, on the problems of the time.

 

January 25, 2001: Jerusalem, The Bernstein Lecture on Jewish Political Thought, Shalem Center: The Idea of the Jewish State: Justification and Characterization.

 

February 4, 2001: Jerusalem. David Yelin Seminar, Lecture on: Integration and Pluralism in Education.

 

February 10, 2001: Jerusalem, Talk about Judaism and democracy in Israel.

 

February 14, 2001: Meeting with the Duggard Committee, to discuss Human Rights in the region.

 

February 15, 2001: Rabin Center, Forum for National responsibility: The lessons of the New Covenant Between Religious and non-Religious in Israel.

 

February 18, 2001: The Adam College: An evening in memory of Emil Grinzweig: On The Law of Return and the Right of Return.

 

March 1-2, 2001: IDI meeting of the Public Council. Lecture on the Constitutional Protection of Human Rights.

 

March 12, 2001: President’s House, first meeting of Beyahad Council.

 

March 26, 2001: Tel-Aviv, a lecture sponsored by Shalem Center and Rabin Center: The Idea of the Jewish State: Justification and Characterization.

 

March 28, 2001: Beit Hillel, HU, with R. Medan: The New Covenant between religious and non-Religious in Israel.

 

April 17, 2001: The Pelech Girls High School, Jerusalem: Israel as a Jewish and Democratic State.

 

April 23, 2001: Rabin Center, Rifts in Israeli Society – Religious and non-Religious. Lecture (with R. Medan).

 

May 15, 2001: Beer-Shebba, an International conference on Shabbat, a panel discussion of shabbat in Israeli culture.

 

May 26, 2001: Quebec City, international conference on the Role of Intellectuals in Public Life.

 

May 31, 2001: Jerusalem: Board of Trustees, The Jerusalem Foundation: Internal Rifts in Israeli Society (with R. Adin Steinzaltz).

 

June 4, 2001: Meeting with Angela King, Deputy for the Status of Women to UN Secretary General.

 

June 7-8: IDI Public Council, State and religion: An Opening statement.

 

June 12-14, Jerusalem, International conference on Legal and Moral Rights.

 

June 18-19, International conference, Minerva Center for Human Rights, Welfare Rights.

 

June 18, Jerusalem: Panel: The Predicament of the Left: What Went Wrong with the Peace Process?

 

June 21, (a) Jerusalem, School for Educational leadership: The Covenant between religious and non-religious (with R. Medan).

(Two)                       ACRI’s evening in honor of Haim Cohn’s 90 birthday. Panel: International and Municipal Protection of Human Rights.

 

June 22, Jerusalem, Center for Rationality: Is Judicial Activism Rational?

 

June 24, Meeting with the leadership of the Israeli conservative community, to discuss the proposed Covenant.

 

June 25, Talk, The International Conference of Philosophy, on state and religion in Israel.

 

June 27, Oranim seminar, workshop about the new covenant between religious and non religious (with R. Medan).

 

July 3, Zionist Council in Israel, Maaleh Hahmisha: lecture on relations between religious and non-religious in Israel (with R. Medan).

 

September 10-14, meeting, International Commission of Jurists, Geneva.

 

 

Media

 

Throughout this period, I expressed views on related subjects in the Israeli media. I publish regularly on these issues in the national press (mainly in Yediot Aharonot), and I am a frequent speaker on radio and national TV.

 

 

Teaching

 

I spent the 1998-1999 academic year at Princeton University, as a Visiting Fellow in the Center for Human Values, working on Equality in Rifted Societies: Can Separate be Equal?

 

In 1999-2000 I taught the mandatory 4^th year course Law and Society, and gave two seminars: One on Equality and Integration, and one on the Constitutional process in Israel.

 

In 2000-2001 I started teaching a mandatory course for the LLM called ‘Law and…’. In addition I gave a seminar on Equality and Integration, and gave a course with Professor S.N. Eisenstadt on Public and Private and Civil Society in Democracies.

 

In the year 2001-2002 I am on a leave of absence from the HU, and I intend to devote my time to research and to the development of a course (in Bar-Ilan University) on Jewish identities.

 

 

Recent Publications

 

Books:

1.      The Constitutional Revolution: A Reality or a Self-Fulfilling Prophecy? 1998 (Hebrew).

2.      Israel: A Jewish and Democratic State, Van Leer and Hakibbutz Hameuhad, 1999 (Hebrew).

3.      (With M. Kremnitzer and Y. Dotan), The Role of The Supreme Court in Israeli Society, Magnes Press, 2000 (Hebrew).

4.      (With D. hacker, eds.) The Jewish-Arab Rift: A Reader (IDI 2000) (Heb)

 

Articles:

5.       Holmes’ Heritage: Living Greatly in the Law ," B.U.L. Rev. 78, pp. 843-883, 1998.

6.      “A Constitutional Revolution?” in Gambaro A., Rabello A.M. (eds.) Toward a New European Ius Commune, Jerusalem, 1998.

7.      (With Issam Abu-Riya), “The Jewish-Arab Cleavage in Israel: Characteristics and Challenges,” IDI, 1999 (Hebrew).

8.      “The Role of Courts in Rifted Democracies”, 33 Isr. L. Rev. 216-258 1999  

9.      “Jewish and Democratic: A rejoinder to the Ethnic Democracy Debate”, Israel Studies 4(1) 1999 44-72 

10.  “Can Separate Be Equal: A test Case”, Democratic Culture, 3 (2000), 37. 

11.   “Zionism in Israel? A Comment on Kaadan”, forthcoming, (2001) Mishpat u-Mimshal (Heb). 

12.  Residential Segregation as an Element in Discrimination: The US Experience, (2001)