A/HRC/10/8/Add.2 page 7 the State or is a person with a criminal past, likely to endanger public welfare. For the purposes of the 1950 Law of Return, “Jew” means a person who was born of a Jewish mother or has become converted to Judaism and who is not a member of another religion. 15. Furthermore, a law of 27 June 1967 protects the holy sites from desecration and any other violation and from anything likely to violate the freedom of access of the members of the different religions to the places sacred to them or their feelings towards those places. 16. Under section 173 of the Penal Law, a person who “publishes any print, writing, picture or effigy calculated to outrage the religious feelings or belief of other persons”, or who “utters in a public place and in the hearing of another person any word or sound calculated to outrage his religious feelings or belief” is liable to imprisonment of one year. Section 144D of the Penal Law prohibits incitement to an act of violence or terrorism and prohibits the possession of publications inciting to violence or terror. Furthermore, hostility based on religion or affiliation to a religious group is to be taken into account as an aggravating factor by the courts when adjudicating criminal offences according to section 144F of the Penal Law. Approval by the Deputy State Attorney (Special Functions) is required to initiate investigations into matters of great public sensitivity, for example concerning hate offences and incitement to violence. 17. According to the 1984 Basic Law “The Judiciary”, judicial power is vested in the Supreme Court, district courts, magistrate’s courts, religious courts and other courts designated by law. The Supreme Court sitting as a High Court of Justice is competent to order religious courts to hear a particular matter within their jurisdiction or to refrain from hearing or continue hearing a particular matter not within their jurisdiction. Moreover, section 1 of the 1992 Basic Law “Human Dignity and Liberty”, as amended, provides that 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. 18. Some international agreements and treaties also refer to religious places and related questions of access. For example, in the Fundamental Agreement of 30 December 1993 between the Holy See and the State of Israel, both sides affirmed their continuing commitment to respect the status quo in the Christian holy places and the respective rights of the Christian communities (art. 4). Furthermore, the peace treaty of 26 October 1994 between Israel and Jordan stipulates that “each party will provide freedom of access to places of religious and historical significance” and that “Israel respects the present special role of the Hashemite Kingdom of Jordan in Muslim Holy shrines in Jerusalem” (art. 9). 19. With regard to the Occupied Palestinian Territory, the Palestinian Legislative Council ratified the Palestinian Basic Law on 29 May 2002, and further amendments were adopted in 2003 and 2005. Article 4 of the Palestinian Basic Law provides that Islam is the official religion in Palestine; that respect and sanctity of all other heavenly religions shall be maintained; and that the principles of Islamic Shari’a shall be the main source of legislation. All Palestinians are equal under the law and judiciary, without discrimination because of race, sex, colour, religion, political views or disability (art. 9). Furthermore, basic human rights and freedoms shall