בין התנגשות חיצונית למאבקים פנימיים – הסתכלות מחודשת על הזכויות הקבוצתיות של המיעוט הערבי-הפלסטיני בישראל

This article provides a comprehensive overview of the group rights afforded to the Arab-Palestinian minority in Israel, exploring these rights along two distinct axes. The first, termed the ‘external conflict’, centers on the tensions arising from the Arab minority’s pursuit of group rights – such as in education, language, and culture – while juxtaposed against the state’s commitment to preserving its Jewish identity. The second axis, referred to as the ‘internal struggles’, encompasses two levels: the dilemmas faced by a minority within a minority, and the contradictions among practices within diverse religious and cultural groups, including secular and religious factions and various religious affiliations among Christians, Muslims, and Druze. This latter axis concerns the democratic nature of the state and its responsibility to safeguard the rights of individuals within Arab society. The article posits two main arguments. Firstly, it contends that most group rights developed within the context of the external conflict,ostensibly to protect the majority culture rather than that of the minority. Secondly, concerning internal struggles within Arab society, the article critiques the court’s inclination toward a multicultural approach without thoroughly examining how the grant of cultural autonomy impacts the various groups comprising Arab society. Consequently, the article urges a reassessment of the scope of group rights for the Palestinian minority in Israel along these two axes. Regarding external conflicts, it proposes expanding the visibility of group rights within the broader civil sphere, ensuring their integration into the collective civic space accessible to all citizens.Concerning internal struggles, the article advocates for the court to engage deeply with the power dynamics within society, cautioning against merely granting cultural autonomy without considering its implications for minority groups within the minority.