UK government facing legal challenge over IHRA antisemitism definition in schools

The UK government is facing a legal challenge over its recommendation for schools to adopt the controversial IHRA (International Holocaust Remembrance Alliance) definition of antisemitism. The Good Law Project, a legal advocacy group, and the British Jewish organization Na'amod have filed a lawsuit against the government. They argue that the IHRA definition, which conflates criticism of Israel with antisemitism, could drive antisemitism and unjustly constrain the freedom to criticize Israel.

The IHRA definition, originally created in 2004, includes seven of its eleven "illustrations" of antisemitism that reference Israel. Critics, including the definition's lead author Kenneth Stern, warn that using it as a disciplinary or legal tool may chill legitimate political expression. In 2018, human rights lawyer Geoffrey Robertson stated that the definition "likely chills free speech" and encourages complaints against legitimate criticism of Israel.

The controversy surrounding the IHRA definition has been fueled by its adoption in 47 countries, including the UK. The Bell review, published in October, recommended the adoption of the definition in British schools as one of 27 recommendations. However, the review acknowledged that the sample size of the survey used to gauge antisemitism among Jewish students was low and should be treated with caution.

Na'amod, the British Jewish group opposing the IHRA definition's imposition, stated that Jewish students should be safe at school and that the IHRA definition does not achieve this goal. They argue that the definition's examples conflate criticism of Israel with hatred of Jews and that it has been used to censor speech about Israel rather than protect Jews. The group emphasizes that many Jewish pupils do not equate their Jewish identity with support for the Israeli state.

The UK Department for Education defended its decision to adopt the IHRA definition, claiming that antisemitism is a growing problem in schools and that the definition provides a practical framework for identifying and addressing it. They noted that 47 countries have adopted the definition, and it can help give clarity to teachers and students in tackling antisemitism.