Basic Law: Human Dignity and Liberty
Basic Law: Human Dignity and Liberty | |
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12th Knesset | |
Long title
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Territorial extent | Israel |
Enacted by | Knesset |
Enacted | 17 March 1992 |
Related legislation | |
Basic Laws of Israel | |
Summary | |
Declares basic human rights in Israel | |
Status: Amended |
Basic Law: Human Dignity and Liberty (
History
Some Supreme Court judges see the enactment of this law and
Content of the Basic Law
1 — Purpose
The purpose of this Basic Law is to protect human dignity and liberty, in order to establish in a Basic Law the values of the State of Israel as a Jewish and democratic state.
2 — Preservation of life, body, and dignity
There shall be no violation of the life, body, or dignity of any person as such.
3 — Protection of property
There shall be no violation of the property of a person.
4 — Protection of life, body and dignity
All persons are entitled to protection of their life, body, and dignity.
5 — Personal liberty
There shall be no deprivation or restriction of the liberty of a person by imprisonment, arrest, extradition, or otherwise.
6 — Leaving and entering Israel
(a) All persons are free to leave Israel.
(b) Every Israel national has the right of entry into Israel from abroad.
7 — Privacy
(a) All persons have the right to privacy and to intimacy.
(b) There shall be no entry into the private premises of a person who has not consented thereto.
(c) No search shall be conducted on the private premises of a person, nor in the body or personal effects.
(d) There shall be no violation of the confidentiality of conversation, or of the writings or records of a person.
8 — Violation of rights
There shall be no violation of rights under this Basic Law, except by a law befitting the values of the State of Israel, enacted for a proper purpose, and to an extent no greater than is required.
9 — Reservation regarding security forces
There shall be no restriction of rights under this Basic Law held by persons serving in the Israel Defence Forces, the Israel Police, the Prisons Service, and other security organizations of the State, nor shall such rights be subject to conditions, except by virtue of a law, or by regulation enacted by virtue of a law, and to an extent no greater than is required by the nature and character of the service.
10 — Validity of laws
This Basic Law shall not affect the validity of any law (din) in force prior to the commencement of the Basic Law.
11 — Application
All governmental authorities are bound to respect the rights under this Basic Law.
12 — Stability
This Basic Law cannot be varied, suspended, or made subject to conditions by emergency regulations; notwithstanding, when a state of emergency exists, by virtue of a declaration under section 9 of the Law and Administration Ordinance, 5708-1948, emergency regulations may be enacted by virtue of said section to deny or restrict rights under this Basic Law, provided the denial or restriction shall be for a proper purpose and for a period and extent no greater than is required.
Amendment of section 1
(1) Section 1 shall be designated 1(a) and shall be preceded by the following section:
Basic principles
- 1. Fundamental human rights in Israel are founded upon recognition of the value of the human being, the sanctity of human life, and the principle that all persons are free; these rights shall be upheld in the spirit of the principles set forth in the Declaration of the Establishment of the State of Israel.
(2) At the end of section 8, the following shall be added:
- "or by regulation enacted by virtue of express authorization in such law."[3]
However, several cardinal human rights are missing from this document, such as the
Guarantee of super-legal status
Due to these rights' great importance, the Knesset chose to give this law a super-legal status, protected by several means.
Section 8 of this law asserts that "There shall be no violation of rights under this Basic Law except by a law befitting the values of the State of Israel, enacted for a proper purpose, and to an extent no greater than is required, or by regulation enacted by virtue of express authorization in such law." (sentence in italics added in a 1994 amendment to the law). This clause became known as "limiting paragraph", as it limits and restricts the Knesset in legislating laws contradicting this law.
Section 12 defends the law from the Emergency Regulations, stating that the government cannot change this Basic Law, and thus cannot weaken the rights it protects, by the emergency regulations it can enact. As written: "This Basic Law cannot be varied, suspended or made subject to conditions by emergency regulations;". However, when a State of Emergency is in place, regulations can be enacted that restrict these rights: "notwithstanding, when a state of emergency exists, by virtue of a declaration under section 9 of the Law and Administration Ordinance, 5708-1948, emergency regulations may be enacted by virtue of said section to deny or restrict rights under this Basic Law, provided the denial or restriction shall be for a proper purpose and for a period and extent no greater than is required." Thus, the protection from Emergency Regulations is up to the government and Supreme Court's judgement.[3]
Criticism
The United Nations Human Rights Committee claimed that the Basic Law: Human Dignity and Liberty "does not contain a general provision for equality and non-discrimination". It called on Israel to "amend its Basic Laws and other legislation to include the principle of non-discrimination and ensure that allegations of discrimination brought before its domestic courts are promptly addressed and implemented."[9] The Israeli human rights organization Adalah has elaborated that while the Israeli Supreme Court has interpreted The Basic Law: Human Dignity and Liberty as comprising the principle of equality, this fundamental right is currently protected by judicial interpretation alone, leaving the Palestinian minority in Israel vulnerable to legal discrimination.[10]
References
- ^ "The Existing Basic Laws: Summary". Knesset. Retrieved 3 January 2014.
- ^ "Q&A on the Override Clause". en.idi.org.il. Retrieved 2018-08-22.
- ^ a b c "Basic Law: Human Dignity and Liberty". Retrieved 3 January 2014.
- ^ a b "Israel's Supreme Court & the Power of Judicial Review". Jewishvirtuallibrary.org. Retrieved 7 May 2017. Basic laws functioning as a constitution.
- ^ "Human Rights Law in Israel". Human rights in Israel. Archived from the original on 16 December 2013. Retrieved 3 January 2014.
- ^ E. Carmi, Guy. "DIGNITY VERSUS LIBERTY: THE TWO WESTERN CULTURES OF FREE SPEECH" (PDF). Boston University. Archived from the original (PDF) on 16 August 2010. Retrieved 3 January 2014.
- ^ Barak, Aharon. "2006". Israel Law Review. 39: 13.
- ^ Page 1, Section A (1) "H.C.J 153/83
ALAN LEVI AND YAHELI AMIT
v.
SOUTHERN DISTRICT POLICE COMMANDER
In the Supreme Court sitting as the High Court of Justice
[May 13, 1984]
Before: Barak J., D. Levin J., and Netanyahu J." (PDF). - ^ Concluding Observations of the Human Rights Committee—Israel, CCPR/C/ISR/CO/3, 29 July 2010, para. 2, available at: http://www2.ohchr.org/english/bodies/hrc/docs/CCPR.C.ISR.CO.3.doc
- ^ "Inequality Report: The Palestinian Arab Minority in Israel - Adalah". www.adalah.org. Retrieved 2024-01-12.
External links
- Ariel L. Bendor & Michael Sachs. "THE CONSTITUTIONAL STATUS OF HUMAN DIGNITY IN GERMANY AND ISRAEL" (PDF). Hebrew University of Jerusalem. Retrieved 3 January 2014.[permanent dead link]