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The only specific additional restriction provided in the 30 September 2020 amendment to the Temporary Provision Law, introducing a ‘Special State of Emergency due to Coronavirus’ (SSE),[1] was the exclusion of participation in a demonstration from the exceptional circumstances allowing individuals to distance themselves from home, so that participation in a demonstration would be permitted only within the same distance from home as any other activity.
- The amendment contained a declaration of an SSE which remained in force until 13 September.[2] Since distancing from home was limited at the time to 1000 meters, the declaration effectively prohibited demonstrations at a distance of more than 1000 meters from one’s home. On 4 April 2021 the Supreme Court sitting as High Court of Justice ruled that the restrictions on distancing from the home for the purpose of demonstration was disproportionate and therefore unconstitutional.[3]
[1] Special Powers for Combatting the New Coronavirus Regulations (Temporary Provision), 2020 (Amendment No 2) (30 September 2020) https://www.nevo.co.il/law_word/law14/law-2860.pdf.
[2] ibid s 8, incorporated as s 51 of the main law, extended on 6 October by cabinet decision https://www.gov.il/BlobFolder/legalinfo/kor-leg01/he/subjects_corona_%D7%94%D7%90%D7%A8%D7%9B%D7%AA_%D7%94%D7%94%D7%9B%D7%A8%D7%96%D7%94_%D7%A2%D7%9C_%D7%9E%D7%A6%D7%91_%D7%97%D7%99%D7%A8%D7%95%D7%9D_%D7%9E%D7%99%D7%95%D7%97%D7%93.pdf.
[3] HCJ 5469/20 National Responsibility – Israel my Home v Government of Israel (4 April 2021), https://supremedecisions.court.gov.il/Home/Download?path=HebrewVerdicts%5C20%5C690%5C054%5Cv06&fileName=20054690.V06&type=2.