Legal Advisor to the Prime Minister, Gali Baharav-Miara, sent Justice Minister Yariv Levin a reasoned opinion against the 'dormitory law' promoted by the government, which is scheduled to be voted on today (Sunday) in the Ministerial Committee for Legislation.
In the rabbi's explanation, she wrote: "The law will encourage illegal evasion of service in the IDF, will increase the harm to those serving, and is unconstitutional.".
She noted that "the purpose of the bill before us is to circumvent the consequences arising from the expiration of the Defense Service Law and the absence of an alternative legislative arrangement, for those who study at Torah institutions, while they are obligated to perform military service. This purpose deepens the violation of equality in burden. Therefore, it cannot justify the violation of equality inherent in the proposed arrangement.".
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""This is even more true with regard to the immediate application of the change in the subsidy conditions with respect to the current school year without changing the admission conditions, in a way that in practice leads to the benefit being given mainly to families in which the mother works and the father studies Torah and does not report for service.".
The advisor states: "In our opinion, from a legal perspective, it is not possible to advance the arrangement, which is not based on a relevant professional factual foundation and does not pass the constitutional tests.".
The Miara community states that if they want to move forward, the government must make significant and extensive adjustments.
This is a law initiated by MK Israel Eichler, which aims to circumvent the decision of the Legal Advisor to the Government to prevent daycare subsidies from families of conscripts subject to military service.
According to the proposal, daycare subsidies will be provided solely based on the mother's employment status, and even if the father is not working and is studying Torah, the family will receive the benefit.
The reasons for the bill state: "The cancellation of the discount in daycare centers and family nurseries for working women, in relation to their spouses who have chosen to dedicate their lives to Torah study, contradicts the foundations of human dignity and freedom and freedom of occupation. It is impossible in the Jewish state to prevent mothers from going to work and bringing a loaf of bread to their children.".
MK Limor Son Har Melech responded:
"The legal advisor argues against the Dormitory Law that it is unconstitutional. I do not recognize a constitution in the State of Israel, but even assuming that the Basic Laws do indeed constitute a substitute, I do not recognize the legality of a sanction intended to punish the spouses and children of the "perpetrator of the offense." Imposing a sanction on ultra-Orthodox women and their children because of the actions of their spouses is a thousand times unconstitutional than the Dormitory Law, which was intended to allow them to go out and work.".
