Human Rights and Basic Laws in Israel: Key Principles

Basic Law: Human Dignity and Liberty

Ensures freedom of movement for Israelis into and out of the country.

Separation Fence Impact on Palestinian Farms

The court will rule that injuries caused by the fence are disproportionate to the security benefit; the fence has to be rerouted.

Ministry of Education Special Grants to Jewish Schools

The court will hold that these grants are discriminatory in their impact since it may be assumed that the criteria were chosen in order to exclude Arab communities, therefore, invalid.

Gender Equality in Israel

YES, because there is both formal and substantive equality in Israel stemming directly from the Declaration of Independence and from decisions of the HCJ.

YES, equality is a non-enumerated right from the Basic Law: Human Dignity and Liberty.

NO, because when it comes to divorce, women do not have equal rights.

Freedom of Religion in Israel

Declared in the Declaration of Independence.

Can only be limited by the Knesset and not by other administrative officials (unless specified otherwise).

Fundamental Principles of Israel (Freedom of...)

Quote is PARTIALLY TRUE with RELIGIOUS FREEDOM because Israel is largely a continuation from British Law and Ottoman Law that gave Judicial Autonomy to religious communities, mainly on marriage and divorce.

TRUE because FREEDOM OF RELIGION and FREEDOM FROM RELIGION (i.e. freedom of conscience) were recognized in principle as non-enumerated rights by rulings of the HCJ.

FALSE because FREEDOM OF CONSCIENCE with regard to military service in Israel has been endorsed by the Court only to a limited degree: pacifist objections are recognized, not so an objection to serve in the occupied areas.

FALSE, because no Human Right according to the Court, it always clashes with other rights.

Israeli-Arab Seeking Citizenship for Palestinian Wife

The court would rule that according to the "Key Theory", he deserved to be treated equally to Jews regarding the right to establish a family, but NOT regarding his Palestinian wife's right to immigrate to Israel.

Section 39 of Basic Law: Government

States that emergency regulations shall not be enacted, except to the extent warranted by the state of emergency.

Israel's Culturally Neutral Attitude Towards Inhabitants

(NOT ANY OF THESE)

• There is a requirement of neutrality to fulfill a liberal democratic constitution.
• The Declaration of Independence does not declare total equality between all inhabitants.
• According to Barak's Key Theory, once you are in Israel, only Jews are equal.

Interview with Israelis and Saudis

The Court would rule in favor of the petitioners, due to the low probability of endangering the public peace and the significant damage caused to the petitioners.

Correct Statements on Fundamental Values and Judicial Review

• Fundamental values (expressed in the two Basic Laws on Human Rights) are the grounds for judicial review.
• Judicial Review is necessary in order to ensure that the Government will not disregard the limitations formed by the Basic Laws.
• Laws that were formed before the enactment of the two Basic Laws on Human Rights are not subject to Judicial Review by the HCJ.

Incorrect Statement on Judicial Review in Emergencies

In times of emergency, Knesset actions cannot be judicially reviewed by the HCJ.

Basic Law: Freedom of Occupation

(NOT ANY OF THESE)

• Does not allow for a law to infringe on an individual's constitutional rights even when it is for a limited time and for a just cause.
• Was modified by the Mizrahi Case.
• Governs legislation formed by the Knesset before 1992.
• Explicitly allows the HCJ to judicially review laws enacted by the Knesset.

Ensuring the Passing of the Two Basic Laws in 1992

• The Basic Laws on Human Rights did not declare equality as a constitutional right.
• A clause preserving (or grandfathering) existing laws was added to both Basic Laws.
• A limitation clause was added to both Basic Laws.

Aharon Barak on Extra-Territorial Application of Israeli Law

"The Israeli Constitution goes with the Israeli flag."