This is therefore true, as the quote itself suggests, with regard to opening up opportunities for appointments, and not just for engagements involving products and services. Equality is equality, whatever the object of the engagement.
- In order to make things more precise, I will add a clarification regarding what I believe is self-evident. No position or tender is open to everyone without any distinction, since it is natural that certain conditions must always be met. It is clear that the principle of equality does not require that every person be allowed to run for any position. As explained earlier:
"The principle of equality is, in theory and in practice, a master principle, lest it be said: the mother-principle. When we combine it with a particular law, the principle of equality adapts itself to its environment, and at the same time it influences its environment. After all, the principle of equality in the law of elections is not the same as the principle of equality in the law of tenders, nor is the principle of equality in the law of tenders for the hiring of services or goods the same as the principle of equality in tenders for the receipt of a position in the public sphere" (High Court of Justice 2671/98 The Women's Lobby in Israel v. Minister of Labor and Welfare, IsrSC 52(3) 630, 651 (1998)).
In a competitive process, equality is ensured by providing equal opportunity to every candidate who meets the prerequisites. The intention is to conduct a fair process for examining all the candidacies and selecting the most suitable candidate.
- I also noted in my original opinion that the application of the principle of equality is particularly important from the perspective of promoting underrepresented populations in the public service. In this context, it states Section 15A(a) The Appointments Law has the principle of appropriate representation, according to which:
"Among employees in the civil service, in all ranks and professions, in every ministry and in every auxiliary unit, appropriate expression will be given, in the circumstances, of members of both sexes, of people with disabilities, of members of the Arab population, including the Druze and Circassians, of those who are or are born in Ethiopia, of members of the ultra-Orthodox population and of new immigrants."