From the start of the COVID19 pandemic, Israel, like virtually
every other State around the world, has had to constantly review its laws and
regulations in order to contain the spread of the virus and to keep its
population safe.
Recognizing the vital importance that the right to protest
has to the democratic fabric of society, the Government of Israel refrained
from prohibiting peaceful protests and demonstrations, even during the most
strictest lockdown periods, when most non-vital social interaction was severely
restricted.
However, in an attempt to ensure that protests would be
carried out safely, two restrictions were put in place: a geographic limitation,
and a limitation to the number of people that can participate. The geographic
limitation stated that people could not participate in an assembly that is more
than 1 kilometer away from their homes, in accordance with the general
limitation of movement in force during that period.
In its review of a series of petitions against these
limitations (HCJ
6312/20 et al), the Supreme Court ruled on 4 April 2020 that the 1 kilometer
limitation failed the constitutional tests for the limitation of fundamental
rights.
It was established that this limitation imposed a
serious violation of the rights to freedom of protest and freedom of expression.
That is mainly due to the importance of allowing the possibility to criticize
the authorities during emergency times, and the fact that the location of the
demonstration is an essential part of the right and of the message of the
protest – especially when one wishes to exercise its right outside of the home
of a government official.