Dr. Yousef Jabareen and Dr. Ilan Saban
Faculty of Law, Haifa University
course title: Rights of the Palestinian Arab Minority in Israel
Course syllabus: Rights of the Palestinian Arab Minority in Israel
Clinic for the Rights of the Arab Minority Faculty of Law,
University of Haifa
Fifteen students participate in the clinic with two academic
instructors– Dr. Yousef Jabareen and Dr. Ilan Saban, and a legal
advisor/coordinator: Adv. Abeer Baker.
The rights of the Arab Minority in Israel
Relations between Jews and Arabs in Israel are of the complex and
sensitive issues with which Israeli society is coping today, and are
situated in the shadow of the Israeli-Palestinian and Israeli-Arab
conflicts. In the past decade many Arab civil society organizations
were founded, and the actions relating to the Arab minority of the
Association for Civil Rights in Israel has increased. The clinic is
planned to contribute modestly to the advancement of equality and
human rights of the Arab citizens through support and assistance to
the above mentioned organizations.
Rationale and objectives: The
objective of the course is to form a connection between law students
and organizations for social change of the Arab civil society in
Israel, with two goals: Deeper understanding of the legal situation of
the Arab citizens of Israel. Project based assistance to organizations
involved in legal action to advance the rights of the Arab minority.
The bringing together of students with representatives of the Arab
civil society as social/legal activists and as members of the Arab
minority, and the development of broad insights regarding the capacity
of the law to serve as a tool for social change. Create a work setting
of partnership and co-existence, while the guiding model is the course
staff. Jewish and Arab students were chosen to create joint work
The course is conducted in the framework of a clinic, including
a theoretical seminar (with mandatory submission of a seminar paper)
and field work with organizations for social change. As opposed to
other programs in which students are placed in organizations, and the
university does not have ample influence upon the manner in which
students are active in the community, a different model was chosen:
key issues were selected together with the organizations, and the
course lecturers will guide the projects. In addition, the clinic will
act as an independent body (as much as possible regarding the clinic's
resources), and at least one annual project will be an independent
project of the clinic. Forms of action in the community: Throughout
the formulation of the clinic's work plan, preparatory meetings were
held with several organizations to determine the issues with which
students will be engaged.
The following is the expected program to be
implemented in the second semester, 2006/7: Adalah – in
cooperation with Adv. Hassan Jabareen: preparation off undamental
appeal regarding confidential evidence in the criminal process.
Preliminary legal and factual research and preparation of the appeal.
Association for Civil Rights in Israel – in partnership with
Adv. Auni Banna: preparation of civil-damages claim regarding
discrimination based on nationality in the entrance to public places
and institutions. Association for Civil Rights in Israel – in
partnership with Adv. Sonia Boulus: coping with the issue of murder in
the name of family dignity, empirical research in the field of police
data and analysis of court rulings in order to lead a significant move
against this phenomenon. Working Group for Equality in Personal Status
– in partnership with Adv. Nasreen Alimi-Kabaha: preparation of
material for working paper to appeal to the Sharia Courts to resolve
several issues (access to rulings,non-activation of court
orders). Karama Organization for Human Rights – in partnership
with Adv. Dorgham Saief: completion of appeal regarding conditions of
admittance of Arab students to universities (arbitrary minimum age
requirement).Al-Manarah Organization – in partnership with Adv.
Abbass Abbass: litigation/campaign to increase the number of Arab eye
doctors eligible to issue a blind certificate, and advancement of an
Arabic library for the blind in the north (Braille and tapes). Mossawa
Center – in partnership with Adv. Rajya Abu Akel: preparation
of a legal opinion paper regarding standing during the anthem –
Shizaf High School received a disciplinary punishment distancing it
for two years from the Ministry of Education's sports competitions
because students did not stand during the playing of the anthem.
Independent project of the clinic: establishment of an
authority/commission for the rights of the Arab minority, "commission
for equality", with Knesset members. As discernable, the work of the
clinic is diverse regarding the legal strategies and types of actions.
The work includes: litigation at different stages of the process
(including preliminary research for the preparation of an appeal, and
legal wording of materials that have been collected in the process of
former legal actions); local and comparative legal research for a
media campaign; formulation of a position paper or activity to change
tendencies of policy makers and legislative lobby. The activity will
expose students to civil society organizations and to the reality in
the field throughout collection of data and preliminary research.
During the second semester additional projects will be devised
together with other organizations (I'lam, Follow-Up Committee on Arab
The course will discuss the following issues:
O Or Committee Report – background history of the Arab
population and treatment by state authorities and the police,
historical discrimination, native born groups definitions.
O Citizenship law and decision to disallow family unification
with residents of the Palestinian Authority – relations between
Arabs in Israel and citizens of Israel with Palestinians in the
territories –complexity of the relationship and problems of
identity and rights.
O Status of the Arab woman – personal status laws and
the different legal institutions, regarding the tensions between a
minority group and cultural and state institutions, the two-fold
struggle of the Arab woman as a member of the Arab community and
O Persons with disabilities in the Arab society –
focusing upon problems of access of blind Arabs to legal rights, small
quantity of bodies that cope with this issue despite high disability
rates, and problems of a disadvantaged group within a minority.
O Military service and civil service – different
paradigms of obligations versus rights, different models of civil
service, and their rationales.
O Thorough discussion of the contents of the above mentioned
projects: confidential evidence in the criminal process, murder in the name of
family dignity, Sharia Courts, discrimination upon entrance to public
places, separate commission for the Arab population, and more.