E/CN.4/1992/52
page 140
Israel
"1. Discrimination on the grounds of religion or belief constitutes an
affront to human dignity and a disavowel of the principles upon which the
State of Israel was founded. Such discrimination is condemned by the courts
of Israel as a violation of the human rights and fundamental freedoms
proclaimed in the Declaration of Independence, in the Laws of the legislative
and in the common law of the State of Israel.
2.
The State of Israel has taken measures in order to prevent
discrimination and intolerance on the basis of religion or belief. As
mentioned above, the Penal Law: Offences Against Sentiments of Religion and
Tradition, section 170-174 provides a strong deterrent against acts of
religious intolerance. The law renders it a criminal offence to destroy,
damage or defile any place of worship or any object which is held sacred by a
group of persons with the intention of reviling the religion of any group of
persons (sect. 170), disturbing worship (sect. 171); trespassing on places of
worship or burial, or disturbances to funeral ceremonies (sect. 172).
Additionally, the law makes it a criminal offence to publish anything in ...
or give by speech anything calculated to outrage the religious feelings or
beliefs of other persons (sect. 173).
3.
The Israeli prohibition against discrimination on the basis of
religion and conscience in the Jewish State is well illustrated in matters of
employment. The Employment Service Law 5719-1959 (L.S.I, vol. 13, p. 258)
states as follows:
'In sending to work, the Labour exchange shall not discriminate
against a person on account of his age, sex, race, religion or ethnic
group, country of origin, views or party affiliation, and a person
requiring an employee shall not refuse to engage a person for work on
account of any of these.'
4.
Furthermore, the Hours of Work and Rest Law 5711-1951 (L.S.I,
vol. 5, p. 125) provides:
'Sabbath and Jewish festivals ... shall be the established days of
rest in the State of Israel. Non-Jews shall have the right to observe
days of rest on their Sabbath and Holy Days.
The weekly rest shall include:
. in the case of a Jew, the Sabbath day;
. in the case of a person other than a Jew, the Sabbath day or
Sunday or Friday, whichever is acceptable for him and his weekly day
of rest ' .
5.
states :
The Proposed Basic Law:
The Fundamental Rights of Man, Article 2,