A/HRC/10/8/Add.2
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Palestinian Territory of certain rules of international humanitarian law and human rights
instruments, the Special Rapporteur would like to refer to the Advisory Opinion of the
International Court of Justice of 9 July 2004, where this issue is discussed in detail.3
III. DOMESTIC LEGAL FRAMEWORK ON
FREEDOM OF RELIGION OR BELIEF
10. Due to its history and various transition provisions, the domestic legal framework is
characterised by a mosaic of applicable laws. In addition to laws enacted by the State of
Israel during the past 60 years, the legal framework also includes laws from the Ottoman
rule (1516-1917) and from the British mandate period (1920-1948) as well as religious laws and
English laws, including the “substance of common law and the doctrines of equity in force in
England”.4
11. Already the League of Nations’ Palestine Mandate of 24 July 1922 prohibited
discrimination on religious grounds and addressed issues such as free access to the holy places,
religious buildings and sites and the free exercise of worship. Furthermore, the 1922 Palestine
Order-in-Council stipulated that all persons in Palestine shall enjoy full liberty of conscience and
free exercise of their forms of worship subject only to the maintenance of public order and
morals.
12. On 14 May 1948, Jewish communities of the dissolved British mandate of Palestine
declared the establishment of a Jewish State, to be known as the State of Israel. This Declaration
of the Establishment of the State of Israel also provides that the State of Israel “will ensure
complete equality of social and political rights to all its inhabitants irrespective of religion, race
or sex; it will guarantee freedom of religion, conscience, language, education and culture; it will
safeguard the Holy Places of all religions”.
13. The 1948 Law and Administration Ordinance No. 1 stipulates that the law which existed in
Palestine on 14 May 1948 shall remain in force, insofar as there is nothing therein repugnant to
this Ordinance or to the other laws which may be enacted by or on behalf of the Provisional
Council of State, and subject to such modifications as may result from the establishment of the
State and its authorities.
14. The 1950 Law of Return provides that every Jew has the right to come to Israel as an oleh
(immigrant to Israel). An oleh’s visa shall be granted to every Jew who has expressed his desire
to settle in Israel, unless the Minister of Interior is satisfied that the applicant is engaged in an
activity directed against the Jewish people or is likely to endanger public health or the security of
3
International Court of Justice, Legal Consequences of the Construction of a Wall in the
Occupied Palestinian Territories, Advisory Opinion, I.C.J. Reports 2004, pages 171-181,
paras. 86-113.
4
Article 46 of the 1922 Palestine Order-in-Council, which was later absorbed into the law of the
State of Israel by section 11 of the 1948 Law and Administration Ordinance No. 1.