A Comparative Perspective on Education Law and Curricular Choices in Israeli, Belgian, and British Ultra-Orthodox Communities

The proposed lecture employs the provisions of international human rights law to analyze whether and how liberal states should regulate ultra-Orthodox educational practices, which sanctify the exclusive focus on religious studies in schools for boys. It conceptualizes the conflict between the right to acceptable education and the right to adaptable education, and analyzes three case studies of ultra-Orthodox education that exemplify different socio-legal approaches towards this conflict. The case studies examine the regulation of ultra-Orthodox education in three of the world’s largest ultra-Orthodox communities: Israel, England, and Belgium.

The case studies show that in each country, ultra-Orthodox education is influenced by the legal, social, and cultural circumstances surrounding it and shape its ability to nurture the yeshivas. The education laws are transformed as they proceed along the cogwheels of education policy, in which there are plural normative orders and numerous agents who implement them. Each of these agents plays a constitutive role in the transmission of law from the top, down to the schools. Thus, I argue that the process of translating international human rights law into education policies regulating ultra-Orthodox schools should take into account its implementation; it should inquire how values are embedded in policies and practices.

Based on the case studies, I suggest that policies providing financial incentives for implementing educational standards may result in a more complete fulfillment of the right to acceptable education in ultra-Orthodox schools than do policies that focus on enforcing this right. I also suggest stipulations for effective conditional-funding policies.