Israeli Supreme Court Approves Racist Antifamily Law: Even Apartheid South Africa Court Overturned Similar Orders

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Israeli Supreme Court Approves Racist Antifamily Law: Even Apartheid South Africa Court Overturned Similar Orders
By: Adalah
14 May 2006
 

Today, 14 May 2006, a majority of the Supreme Court of Israel, in a split of 6-5 Justices, issued a 263-page decision in which it dismissed a petition filed by Adalah, and six other petitions joined by the Court to the petition including a petition filed by the Association for Civil Rights in Israel. The petitions demanded the annulment of the Nationality and Entry into Israel Law (Temporary Order) 2003, which violates the right of Israeli citizens to family unification with their Palestinian spouses from the Occupied Palestinian Territories (OPTs).

The majority of Supreme Court Justices, who approved the law as constitutional, were: Justices Mishael Heshin, Miriam Naor, Asher Gronis, Yonatan Adiel, Eliezer Rivlin and Edmond Levy. Dissenting Justices of the minority opinion were: Chief Justice Aharon Barak and Justices Dorit Beinisch, Ayala Procaccia, Salim Jubran and Esther Hayut.

Justice Heshin, who lead the majority position, stated that citizens of Israel have no constitutional right which authorizes the Court to cancel a law enacted by the Knesset, according to which “foreign” spouses are not allowed to receive legal status in Israel.

According to Heshin, the right to human dignity does not include any constitutional obligation on the state to allow “foreigners” married to Israeli citizens to enter the state. Heshin added that, in his opinion, the “State of war against the Palestinian Authority” justifies the law, which aims to prevent the entry of elements hostile to the security of the state into Israel. Justice Levy indicated that the law is unconstitutional, but that the petitions must nonetheless be dismissed in order to give the Knesset the chance to amend it. The remaining Justices from the majority position ruled that although the law violates constitutional rights, it is proportionate.

Supreme Court Chief Justice Aharon Barak, in his articulation of the minority position, stated that, “The issue concerns the right of Israeli citizens of the state to family life and equality, which derive from the constututional right to human dignity, as espoused in the Basic Law [Human Dignity and Liberty]… A citizen has the right to conduct a family life with a spouse in Israel. There [in Israel]

Themes
• Access to natural resources
• Access to natural resources
• Access to natural resources
• Accompanying social processes
• Accompanying social processes
• Adverse possession
• Advocacy
• Advocacy
• Advocacy
• Architecture
• Architecture
• Armed / ethnic conflict
• Armed / ethnic conflict
• Basic services
• Basic services
• Basic services
• Children
• Children
• Commodification
• Commodification
• Cultural Heritage
• Cultural Heritage
• Demographic manipulation
• Destruction of habitat
• Destruction of habitat
• Destruction of habitat
• Disability
• Disability
• Disaster mitigation
• Disaster mitigation
• Discrimination
• Discrimination
• Discrimination
• Displaced
• Displaced
• Displaced
• Displacement
• Displacement
• Displacement
• Dispossession
• Dispossession
• Dispossession
• Education
• Education
• Elderly
• Elderly
• Energy
• Energy
• Epidemics, diseases
• Epidemics, diseases
• ESC rights
• ESC rights
• ESC rights
• Extraterritorial obligations
• Extraterritorial obligations
• Fact finding mission/field research
• Farmers/Peasants
• Financialization
• Financialization
• Financialization
• Food (rights, sovereignty, crisis)
• Food (rights, sovereignty, crisis)
• Forced evictions
• Forced evictions
• Forced evictions
• Gentrification
• Gentrification
• Health
• Health
• Historic heritage sites
• Historic heritage sites
• Homeless
• Homeless
• Homeless
• Housing crisis
• Housing rights
• Housing rights
• Housing rights
• Human rights
• Human rights
• Human rights
• Immigrants
• Immigrants
• Indigenous peoples
• Indigenous peoples
• Informal settlements
• Internal migrants
• Internal migrants
• Internal migrants
• Land rights
• Landless
• Legal frameworks
• Legal frameworks
• Legal frameworks
• Livelihoods
• Local Governance
• Local Governance
• Local Governance
• Low income
• Norms and standards
• Norms and standards
• Norms and standards
• Property rights
• Public policies
• Public policies
• Public policies
• Public programs and budgets
• Public programs and budgets
• Public programs and budgets
• Refugees
• Refugees
• Religious
• Religious
• Reparations / restitution of rights
• Research
• Research
• Right to the city
• Right to the city
• Security of tenure
• Security of tenure
• Security of tenure
• Stateless
• Stateless
• Subsidies
• Subsidies
• Temporary shelter
• Temporary shelter
• Tenants
• Tenants
• UN system
• UN system
• UN system
• Unemployed
• Unemployed
• Urban planning
• Urban planning
• Water&sanitation
• Water&sanitation
• Women
• Women
• Youth
• Youth

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