Basic Law: Human Dignity and Liberty (Israel)
Encyclopedia
Basic Law: Human Dignity and Liberty is a Basic Law
, intended to protect main human rights in Israel
. The view of most Supreme Court
judges, is that the enactment of this law and of Basic Law: Freedom of Occupation began the Constitutional Revolution, due to the fact the Knesset
gave these two laws super-legal status, giving the courts the authority to disqualify any law contradicting them. According to this claim (which is not supported by all) these laws marked a substantial change in the status of human rights in Israel.
The law was enacted on the final days of the 12th Knesset, March 17, 1992.
However, several cardinal human rights are missing from this document, such as the Right for Equality, Freedom of Speech
, Freedom of Religion
, Freedom of Protest, and others. These rights were given to the residents of Israel by general principles which existed before this Basic Law. Although these rights were not included in the law, some jurists, such as former President of The Supreme Court of Israel Aharon Barak
, see these rights are directly derived from the "right to dignity".
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 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 not full, and is up to the government and supreme court's judgement.
Basic Laws of Israel
The Basic Laws of Israel are a key component of Israel's constitutional law. These laws deal with the formation and role of the principal state's institutions, and the relations between the state's authorities. Some of them also protect civil rights...
, intended to protect main human rights in Israel
Human rights in Israel
Human rights in Israel have been evaluated by various human rights treaty bodies, intergovernmental organizations, non-governmental organizations and individuals, often in relation to the ongoing Israeli-Palestinian conflict which forms part of the wider Arab-Israeli conflict and Israel internal...
. The view of most Supreme Court
Supreme Court of Israel
The Supreme Court is at the head of the court system and highest judicial instance in Israel. The Supreme Court sits in Jerusalem.The area of its jurisdiction is all of Israel and the Israeli-occupied territories. A ruling of the Supreme Court is binding upon every court, other than the Supreme...
judges, is that the enactment of this law and of Basic Law: Freedom of Occupation began the Constitutional Revolution, due to the fact the Knesset
Knesset
The Knesset is the unicameral legislature of Israel, located in Givat Ram, Jerusalem.-Role in Israeli Government :The legislative branch of the Israeli government, the Knesset passes all laws, elects the President and Prime Minister , approves the cabinet, and supervises the work of the government...
gave these two laws super-legal status, giving the courts the authority to disqualify any law contradicting them. According to this claim (which is not supported by all) these laws marked a substantial change in the status of human rights in Israel.
The law was enacted on the final days of the 12th Knesset, March 17, 1992.
Rights protected by Basic Law: Human Dignity and Liberty
The rights protected by this law are detailed in several clauses:- Section 1: The purpose of this Basic Law is to protect human dignity and liberty, in order to establish in a Basic Law tile values of the State of Israel as a Jewish and democratic stateA Jewish and Democratic State"A Jewish and Democratic State" is the definition of the nature and character of the State of Israel, as the Jewish nature was first defined within the Declaration of Independence of 1948, and the "Democratic" character was first officially added to the "Jewish" nature in the amendment to the Basic...
. (source http://www.jewishvirtuallibrary.org/jsource/Politics/Basic_Law_Human_Dignity_and_Liberty.html?MFAH00hi0) - Section 2: There shall be no violation of the life, body or dignity of any person as such.
- Section 3: There shall be no violation of the property of a person.
- Section 4: All persons are entitled to protection of their life, body and dignity.
- Section 5: There shall be no deprivation or restriction of the liberty of a person by imprisonment, arrest, extradition or otherwise.
- Section 6:
- (a) All persons are free to leave Israel.
- (b) Every Israeli national has the right of entry into Israel from abroad.
- Section 7:
- (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.
However, several cardinal human rights are missing from this document, such as the Right for Equality, Freedom of Speech
Freedom of speech
Freedom of speech is the freedom to speak freely without censorship. The term freedom of expression is sometimes used synonymously, but includes any act of seeking, receiving and imparting information or ideas, regardless of the medium used...
, Freedom of Religion
Freedom of religion
Freedom of religion is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice, worship, and observance; the concept is generally recognized also to include the freedom to change religion or not to follow any...
, Freedom of Protest, and others. These rights were given to the residents of Israel by general principles which existed before this Basic Law. Although these rights were not included in the law, some jurists, such as former President of The Supreme Court of Israel Aharon Barak
Aharon Barak
Aharon Barak is a Professor of Law at the Interdisciplinary Center in Herzliya and a lecturer in law at the Hebrew University of Jerusalem, the Yale Law School, and the University of Toronto Faculty of Law....
, see these rights are directly derived from the "right to dignity".
Guarantee of super-legal status
Due to these rights' great importance, the Knesset chose to give this law a high legal status, proteced 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 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 not full, and is up to the government and supreme court's judgement.