November 22, 1999
Dulberg Case: Toaff
Asks to be Heard and Proposes that the Case be Transferred to Israel
The Chief Rabbi of the Rome Jewish Community, Elio Toaff,
has examined all aspects of jurisdiction in the "Dulberg Case," the case of the
two Israeli children who were recently placed by the Genoa Court in their father's rather
than in their mother's custody (although the children are Israeli).
A decisive element in the ruling issued, which gave the father
custody of the children, was the decision of the court to consider the mother of the two
children as a member of a sect merely because she is a religiously observant Jew. This
interpretation of the term "Orthodox," used against Mrs. Dulberg, while repeated
during and in relation to the litigation, goes against the guidance pronounced by the
Conference of European Rabbis, went even further, censuring the removing of the children
from the mother and the strange trial imposed on them, and forbidding them to communicate
with their mother in Hebrew.
The action taken by the Genoa Juvenile Court intervenes in the
sphere of religious freedom protected by the Italian legal system and stigmatizes the
lifestyle of the members of the Orthodox Jewish communities living around the world, and
particularly in Israel, who strictly observe principles and precepts on the basis of which
they educate their children to respect human beings and to observe moral values.
The principles of protection of religious liberty and
non-interference, deriving from the "Universal Declaration of Human Rights" of
10.12.1948, constitute the bulwark of modern democracies. These principles were repeated
and confirmed by the "International Convention on Children's Rights" sponsored
by the United Nations.
In this framework, Rabbi Toaff asks that the law take its course
without falling into any prejudice, with respect to any of the parties in the case,
without mystification and demonization of any religious faith.
"We sometimes have the strong suspicion," notes Rabbi
Toaff, "that the ruling derives from an ideological, intolerant and repulsive
approach towards Jews in general and not only Orthodox Jews, an approach which has very
little to do with the entire legal case."
On principle, Rabbi Toaff maintains that since this is a case of
four Israeli citizens, and since the former spouses celebrated their marriage in pursuance
of Jewish religious law, and such a marriage is recognized civilly only in Israel, it
would be desirable for the case to be heard in Israel.
Rabbi Toaff expressed his desire to be able to see the children and
to be heard by the competent court in order to disperse the strong suspicions of
anti-religious and anti-Jewish prejudices.
###
Action!!
Correspondence supporting the rights of the Dulberg girls should be
sent immediately to the address below:
Ambassador Francesco Paolo Fulci
Permanent Representative of Italy to the United Nations
2 UN Plaza, 24th Floor
New York, NY 10017
212-486-9191 (Phone)
212-486-1036 (Fax)
E-mail at italy@un.int
We ask that you please BCC (send a copy of your email to) webmaster@ou.org so that we can accumulate as large a
number of correspondence as possible to present to the Italian court and the Italian
government.
Thank you for your concern and participation in this effort.
Rabbi Raphael B. Butler
Executive Vice President of the Orthodox Union
Comments to OU.ORG |
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 Union of Orthodox Jewish Congregations
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Sharyn Perlman, Director
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Phone: 212-613-8321 Fax: 212-564-9058
E-mail: media@ou.org |
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