Rights group issues legal challenge ​​against ban on pupils discussing Israel’s ‘right to exist’

London (QNN)- CAGE, a British human rights group, has moved forward with a legal challenge against UK Education Minister Gavin Williamson over a letter sent on 28 May prohibiting schools from engaging with organisations that reject Israel’s right to exist.

CAGE has formally issued judicial review proceedings in the High Court challenging Williamson’s letter, which called on school leaders and staff to “act appropriately” when they express political views on Israel and Palestine.

Last month, CAGE submitted the challenge and accused Williamson of censoring “discussions” on Palestine and attempting to control political conversations on the issue in schools.

Williamson’s letter told schools that they were prohibited from engaging with organisations that reject Israel’s right to exist.

Williamson’s letter also called on schools to clamp down on anti-semitism and reminded headteachers of their “legal duties regarding political impartiality”, urging them to present a “balanced presentation of opposing views” on Israel-Palestine.

“CAGE believes that no such right exists in international law that prohibits people and groups from questioning a state’s legitimacy,” the organisation said in a news release on Friday.

The legal challenge has been supported by expert opinions provided by eminent international law jurist Professor John Dugard and Professor Avi Shlaim, emeritus fellow at Oxford University.

A number of Palestinian civil society organisations including the Palestinian Return Centre, the Palestinian Forum in Britain, the British Palestinian Policy Council and Al Haq, have also provided evidence in support of the judicial review.

“The notion of Israel’s “right to exist” is a partisan political view that the Education Secretary is prohibited from promoting in any way under the 1996 Education Act,” the organisation said in the news release.

International law jurist Professor John Dugard said, “Israel claims that it has the right to exist because the legality of its creation was contested and is still a matter for debate. In order to assert its legitimacy as a State and the legality of its creation it asserts its “right to exist”. This assertion is not made in the exercise of any right recognized by international law. It is simply a political appeal designed to justify the morality and legality of Israel’s creation and existence as a State.”

“To exclude this subject from debate would be a serious violation of academic freedom and freedom of expression,” he added.

Professor Avi Shlaim, emeritus fellow at Oxford University said, ”Israel’s ‘right to exist’ is not a legal right but an ideological and emotionally loaded catch phrase that served to divert attention from mounting international opposition to its illegal occupation.”

Muhammad Rabbani, Managing Director of CAGE said, “For too long, the political phrase ‘Israel’ right to exist’ has been used as a weapon to silence any debate about the legitimacy of its creation, the right of return of Palestinian refugees displaced by its creation and the apartheid nature of the Israeli state.”

He continued, “Our children should not be prevented by the Education Secretary from having access to organisations and material that provide a balanced view of these issues.”

Fahad Ansari, solicitor and director of Riverway Law, who is instructed in this challenge said, “The evidence filed in support of the challenge clearly demonstrates that the Education Secretary breached the Education Act 1996 by imposing his own partisan political view on school pupils.”

“While he is entitled to hold the view that Israel has a right to exist, he cannot legally deny discussion about the legality of its creation and its current legitimacy. Schools should be safe spaces for healthy debate, not institutions of political indoctrination.”