| ISRAEL state of Israel Medinat Yisra'el Joined United Nations: 11 May 1949 Human Rights as assured by their constitution Updated 02/18/11 |
Basic Law: Human Dignity and Liberty
Purpose
1. 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.
Preservation of life, body and dignity
2. There shall be no violation of the life, body or dignity of any person as such.
Protection of property
3. There shall be no violation of the property of a person.
Protection of life, body and dignity
4. All persons are entitled to protection of their life, body and dignity.
Personal liberty
5. There shall be no deprivation or restriction of the liberty of a person by imprisonment, arrest, extradition or otherwise.
Leaving and entering Israel
6. (a) All persons are free to leave Israel.
(b) Every Israel national has the right of entry into Israel from abroad.
Privacy
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.
Violation of rights
8. 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.
Reservation regarding security forces
9. 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.
Validity of laws
10. This Basic Law shall not affect the validity of any law (din) in force prior to the commencement of the Basic Law.
Application
11. All governmental authorities are bound to respect the rights under this Basic Law.
Stability
12. 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.
YITZHAK SHAMIR
Prime Minister
CHAIM HERZOG
President of the State
DOV SHILANSKY
Speaker of the Knesset
* Passed by the Knesset on the 12th Adar Bet, 5752 (17th March, 1992) and published in Sefer Ha-Chukkim No. 1391 of the 20th Adar
Bet, 5752 (25th March, 1992); the Bill and an Explanatory Note were published in Hatza'ot Chok, No. 2086 of 5752, p. 60.
Basic Law: Human Dignity and Liberty - Amendment*
In the Basic Law: Human Dignity and Liberty (5752 - 1992):
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."
Purpose
1. 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.
Preservation of life, body and dignity
2. There shall be no violation of the life, body or dignity of any person as such.
Protection of property
3. There shall be no violation of the property of a person.
Protection of life, body and dignity
4. All persons are entitled to protection of their life, body and dignity.
Personal liberty
5. There shall be no deprivation or restriction of the liberty of a person by imprisonment, arrest, extradition or otherwise.
Leaving and entering Israel
6. (a) All persons are free to leave Israel.
(b) Every Israel national has the right of entry into Israel from abroad.
Privacy
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.
Violation of rights
8. 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.
Reservation regarding security forces
9. 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.
Validity of laws
10. This Basic Law shall not affect the validity of any law (din) in force prior to the commencement of the Basic Law.
Application
11. All governmental authorities are bound to respect the rights under this Basic Law.
Stability
12. 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.
YITZHAK SHAMIR
Prime Minister
CHAIM HERZOG
President of the State
DOV SHILANSKY
Speaker of the Knesset
* Passed by the Knesset on the 12th Adar Bet, 5752 (17th March, 1992) and published in Sefer Ha-Chukkim No. 1391 of the 20th Adar
Bet, 5752 (25th March, 1992); the Bill and an Explanatory Note were published in Hatza'ot Chok, No. 2086 of 5752, p. 60.
Basic Law: Human Dignity and Liberty - Amendment*
In the Basic Law: Human Dignity and Liberty (5752 - 1992):
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."
Jewish history dates to approximately 1800 BCE in lands now known as Israel. King David
established the Kingdom of Israel and Judah in approximately 1000 BCE. Conquest of the
lands began in 586 BCE by the Babylonians and subsequently by Persia, Greece and finally
Rome. In 70 CE, the mass expulsion of Jews by Rome began leading to the diaspora.
Though scattered around the world, Jews always held the belief that they would return to
their ancestral lands. Ancient prejudice and the rise of European enlightenment in the 19th
Century led to the eventual freedom of Jews from captivity though widespread denial of
citizenship. In 1897, the First Zionist Congress proclaimed the decision "to establish a home
for the Jewish people in Eretz-Israel secured under public law." Migration slowly began over
the 20th Century. During World War I, Lord Balfour of the British government invaded the
Levant, which included Palestine with the intention of establishing a Jewish homeland. The
genocide of six million Jews at the hands of Nazi Germany during World War II led the newly
created United Nations to charter a "two-state solution" which would partition Arab
controlled Palestine from Jewish controlled Israel. Resistance to the mandate by
neighboring Arab states led to the Arab-Israeli War of 1948 with Israel declaring its
independence. In March 1949, a cease fire was signed and Israel was formally recognized by
Britain. No formal constitution has yet been promulgated however some of the functions of
a constitution are filled by the Declaration of Establishment (1948), the Basic Laws of the
parliament (Knesset), and the Israeli citizenship law. Since May 2003 the Constitution, Law,
and Justice Committee of the Knesset has been working on a draft constitution. For the
English text of the draft constitution, click here. Human rights are enumerated with the Basic
Laws (Human Dignity and Liberty) of 1992 and conform with the 1948 Universal Declaration
of Human Rights of which Israel is a signatory. For a full English translation of Israel's Basic
Laws, click here.
established the Kingdom of Israel and Judah in approximately 1000 BCE. Conquest of the
lands began in 586 BCE by the Babylonians and subsequently by Persia, Greece and finally
Rome. In 70 CE, the mass expulsion of Jews by Rome began leading to the diaspora.
Though scattered around the world, Jews always held the belief that they would return to
their ancestral lands. Ancient prejudice and the rise of European enlightenment in the 19th
Century led to the eventual freedom of Jews from captivity though widespread denial of
citizenship. In 1897, the First Zionist Congress proclaimed the decision "to establish a home
for the Jewish people in Eretz-Israel secured under public law." Migration slowly began over
the 20th Century. During World War I, Lord Balfour of the British government invaded the
Levant, which included Palestine with the intention of establishing a Jewish homeland. The
genocide of six million Jews at the hands of Nazi Germany during World War II led the newly
created United Nations to charter a "two-state solution" which would partition Arab
controlled Palestine from Jewish controlled Israel. Resistance to the mandate by
neighboring Arab states led to the Arab-Israeli War of 1948 with Israel declaring its
independence. In March 1949, a cease fire was signed and Israel was formally recognized by
Britain. No formal constitution has yet been promulgated however some of the functions of
a constitution are filled by the Declaration of Establishment (1948), the Basic Laws of the
parliament (Knesset), and the Israeli citizenship law. Since May 2003 the Constitution, Law,
and Justice Committee of the Knesset has been working on a draft constitution. For the
English text of the draft constitution, click here. Human rights are enumerated with the Basic
Laws (Human Dignity and Liberty) of 1992 and conform with the 1948 Universal Declaration
of Human Rights of which Israel is a signatory. For a full English translation of Israel's Basic
Laws, click here.