Equal Access for Arab Students to Academic Enrichment (Shahar) Programs.

HCJ 2814/97, Follow-Up Committee on Arab Education, et. al. v. Minister of Education, et. al., P.D. 54 (3) 233

Petition filed in 5/97 on behalf of the Follow-up Committee for Arab Education to compel the Ministry of Education (MOE) to provide academic enrichment programs equally to Arab and Jewish students. Since the 1970s, only Jewish students have benefited from this flagship program. Adalah argued that the MOE intentionally discriminated against Arab students by writing and implementing program guidelines purposely designed to exclude them, and demanded that objective criteria, based on low socio-economic status, be used to decide upon program beneficiaries. One month after the petition was filed, the MOE admitted to historical, intentional discrimination, and declared that equality between Jewish and Arab students would be reached within five years. Adalah rejected the MOE's proposal on the grounds that any delay would effectively sanction the discrimination, and asked for an immediate remedy including the establishment and implementation of affirmative action programs.

Result: Case dismissed in 7/00 after pending for three years. According to the Court, the MOE's declaration that equality between Arab and Jewish students would be reached within five years was a sufficient remedy, and effectively mooted the case. However, the Court awarded legal fees of NIS 20,000 to Adalah.

(H.C. 2814/97, Follow-Up Committee on Arab Education, et. al. v. Minister of Education, et. al., P.D. 54 (3) 233)

Supreme Court Decision delivered 20 July 2000 in English