Lecture: Judaism and Human Rights III

Judaism and Human Rights: The Canadian Context

Introduction

This section explores the intersection of Judaism and human rights, focusing on the Canadian context. It examines the historical development of Jewish communities in Canada, their contributions to human rights, and the challenges faced in balancing religious and secular law.

Global Distribution of Judaism

Overview

Judaism is a minority religion globally, with significant populations in North America, Europe, and Israel. The distribution reflects historical migration patterns and the impact of social, political, and economic factors.

• Major Centers: North America (especially the United States and Canada), Israel, parts of Europe, and Australia.

• Minority Status: In most countries, Jews constitute less than 1% of the population.

• Historical Migration: Jewish migration has been influenced by persecution, economic opportunity, and the search for religious freedom.

• Example: The establishment of Israel in 1948 led to significant migration and population growth in the region.

Major Jewish Movements

Overview

Judaism is not monolithic; it comprises several major movements, each with distinct beliefs, practices, and approaches to law and modernity.

Movement	Origins	Scripture & Law	Messiah & Temple	Social/Ethical Focus
Orthodox Judaism	Ancient Rabbinic Judaism; formalized in 19th-century Europe	Torah (Written and Oral) is divinely revealed and immutable; Halakha is binding and comprehensive	Belief in a personal messiah and eventual rebuilding of the Temple	Strong religious and national identity; obligations to God prioritized
Conservative Judaism	Mid-19th-century Germany; bridge between Reform and Orthodoxy	Torah is divinely inspired but open to historical/contextual interpretation; Halakha is important but evolves	Some believe in a messianic age rather than a personal messiah	Supports Israel as a cultural/religious center; pluralistic approach; values tradition and human rights
Reform Judaism	Late 18th/19th-century Germany	Torah is human document reflecting divine inspiration; Halakha is largely non-binding	Generally symbolic messianic hope	Affirms universal ethical values; advocates for social justice, equality, and LGBTQ+ rights

Canadian Judaism: The Rights Journey

Historical Development

The Jewish community in Canada has a rich history marked by milestones in immigration, citizenship, and advocacy for human rights.

• First Jewish Settlers: Arrived in Nova Scotia in 1749.

• First Congregation: Established in Montreal in 1768.

• Ezekiel Hart: Elected to public office in 1807, symbolizing early struggles for Jewish civil rights.

• Citizenship Rights: Granted in 1832, paving the way for further immigration in the 19th and 20th centuries.

• Example: The St. Louis incident (1939) highlighted challenges in refugee acceptance and anti-Semitism.

Judaism and Human Rights: Principles and Contributions

Core Beliefs

Judaism has contributed significantly to the development of human rights, both in Canada and globally. Its teachings emphasize the inherent dignity and equality of all people.

• Divine Image: Belief that all humans are created in the image of God, forming the basis for equality and justice.

• Obligation to Justice: Every person is obliged to act justly toward others.

• Advocacy: Jewish organizations have played key roles in advancing national and international human rights protections.

• Education: Commitment to study and teaching as means to promote human rights.

• Activism: Ongoing dedication to advocacy for the rights of all peoples.

Religious and Secular Law: The Canadian Experience

Legal Dilemmas and Cases

Canadian law has grappled with the intersection of religious and secular principles, particularly in matters of marriage, divorce, and religious expression.

• Hate Speech Legislation: Laws designed to protect minority groups, including Jews, from discrimination and hate speech.

• Adler v. Ontario: Case concerning funding for Jewish educational institutions and equality rights.

• Religious Symbols: Debates over visibility and expression of religious identity in public spaces.

• Syndicat Northcrest v. Amselem: Supreme Court case on religious freedom and individual rights.

Jewish Marriage and Divorce: The Ghet Issue

Jewish marriage and divorce are governed by religious law (Halakha), which sometimes conflicts with civil law, especially regarding the 'ghet' (writ of divorce).

• Covenantal Nature: Jewish marriage is both contractual and sacramental, deeply embedded in religious life.

• Mutual Consent: Central to both marriage and divorce; a ghet must be given and received willingly.

• Agunah Dilemma: Refers to 'chained' women unable to remarry due to refusal of a ghet by the husband.

Canadian Ghet Law: Bill C-61

Canada has enacted legislation to address religious barriers to remarriage, specifically targeting the Jewish ghet issue.

• Bill C-61: Amendment to the Divorce Act (1990) precludes civil divorce if a spouse refuses to remove religious barriers to remarriage.

• Scope: Applies only when the barrier is within the control of one spouse, not religious authorities.

• Purpose: Designed to protect individuals from being trapped in religious marriages against their will.

Bruker v. Marcovitz

This landmark case addressed the conflict between civil contracts and religious obligations in Jewish divorce.

• Facts: Civil contract required the husband to provide a ghet; refusal led to legal action.

• Majority Argument: Upheld contractual obligations, emphasizing gender equality and freedom to marry/divorce.

• Dissenting Argument: Raised concerns about state intervention in religious matters and the principle of non-intervention.

Judaism and Human Rights: Concluding Remarks

Rights and the Nation State

The relationship between universal human rights and the specific traditions of Judaism presents ongoing dilemmas and paradoxes.

• Universality: Human rights reflect common aspirations across cultures.

• Specificity: Each tradition, including Judaism, brings unique perspectives and challenges to the realization of rights.