Torah, War, Politics, and the Supreme Court: The 2024 Military Service of Ultra-Orthodox Yeshiva Students Bill

Moshe Jaffe is a constitutional law adjunct professor at the Academic Center of Law and Science in Israel and an adjunct professor at Cardozo School of Law.

Introduction

The tragic events of 7 October and the subsequent war in Gaza have reignited longstanding tension in Israel regarding the drafting of Ultra-Orthodox yeshiva students. This issue has been impacted as well by recent rulings of the Israeli Supreme Court, which have brought the matter back into public debate. This post aims to simplify this extremely complex issue and guide the reader through developments leading to the recent bill currently being considered by the Knesset. Given the brevity of this post, its focus is on recent developments and specifically on the 2024 bill rather than a comprehensive historical review.

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Conscientious Objection to Military Service in Türkiye

Mine Yildirim is head of the Norwegian Helsinki Committee’s Freedom of Belief Initiative in Turkey.

Nearly two decades after the 2006 Ülke v. Turkey[1] judgment of the European Court of Human Right (ECtHR), and findings of the United Nations (UN) bodies such as the Human Rights Committee (HRC or the Committee) and the UN Working Group on Arbitrary Detention, Türkiye still has not recognized the right to conscientious objection to military service. Punitive measures impacting freedom of thought, conscience, and religion and other fundamental rights for conscientious objectors continue to be integral to national policy. The robust recognition of the right to conscientious objection to military service right under international human rights law, within the scope of the right to freedom of thought, conscience, and religion, has provided the basis for the legal struggle to put an end to human rights violations that conscientious objectors have experienced in Türkiye.

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Our First Freedom: How Firm a Foundation

Katrina Lantos Swett is president of the Lantos Foundation for Human Rights and Justice, cochair of the International Religious Freedom Summit, and former chair of the United States Commission on International Religious Freedom. The following post is based on her remarks during the panel “Understanding Religious Freedom: Why Does It Matter?” at the ICLRS 31st Annual International Law and Religion Symposium, 7 October 2024.

At its core, religious freedom matters because it speaks to and honors that which makes humans utterly unique among all creation. We are the only inhabitants of this world who are uniquely hardwired to ask questions about the meaning of life: Who are we? Why are we here? What is our purpose? Where are we going? This unique and profound singularity of humans is the key to what gives meaning, purpose, and dignity to our lives. Socrates famously said, “the unexamined life is not worth living.”[1] Because this singular curiosity is so intrinsic to what it means to be human, protecting the quest to answer these questions and then, importantly, being allowed to live one’s life in accordance with the answers one receives truly is foundational to the whole human rights project. So many other fundamental rights flow from this wellspring right: freedom of speech, freedom of the press, and freedom of association—the most basic parental rights that are protected in the Universal Declaration. All of these flow from this wellspring right of freedom of conscience and belief. So religious freedom is important, first and foremost, because it is intrinsic to our identity and our dignity as human beings.

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