E/CN.4/1992/52 page 94 'The State of Israel will foster the development of the country for the benefit of all its inhabitants, it will be based on freedom, justice and peace as envisaged by the prophets of Israel; it will ensure complete equality of social and political rights to all its inhabitants, irrespective of religion, race or sex; it will safeguard the holy places of all religions and be faithful to the Principles of the Charter of the United Nations.' 3. While this Declaration does not constitute positive law, it has nevertheless been accorded a special status, which in the course of the years has left considerable imprint upon the Israeli legislature and has been applied by the Israeli courts as an important guide for the interpretation of laws of the State. 4. As a result of a variety of reasons, historical and others, Israel like Great Britain which ruled Israel from 1918-1948, has as yet no comprehensive written constitution. The Knesset has passed a series of 'Basic Laws' which form the backbone of Israeli democracy and which will form the future constitution of the State of Israel. The enactment of the Basic Laws as well as the promulgation of the other legislative and administrative measures taken by the State act together to prohibit, inter alia, discrimination on the grounds of religion or belief. 5. The Supreme Court of Israel examines the validity of legislation in light of the basic principles of democracy and exercises judicial review over all lower tribunals as well as religious courts. The Supreme Court also sits as a High Court of Justice and as such exercises review over all administrative acts and has jurisdiction over questions of human rights. The power of the Supreme Court sitting as High Court of Justice is now embodied in Section 15 (g) of the Basic Law: The Judiciary, 1984 (Laws of the State of Israel (hereinafter 'L.S.I.') vol. 38, p. 101): '15 (g) The Supreme Court shall also sit as a High Court of Justice; sitting as such it shall deal with matters which it deems necessary to grant relief in the interests of justice and which are not within the jurisdiction of any other court of tribunal.' 6. The Supreme Court sitting as the High Court of Justice stated the following in American European Beth El Mission v. Minister of Social Welfare (21 P.D. II 325, 333 (1967)): 'The rights and freedoms of the individual have always been an essential part of Israeli common law, and therefore, inter alia, standards for the interpretation of laws by the Israeli courts ... A regulation which conflicts with the concepts of any of the human rights recognized as such by the law of nations will be regarded by this court as unreasonable and declared null and void by it. 'The fundamental doctrine of human rights as laid down by the Universal Declaration of Human Rights, 1948 and the Convention on Civil and Political Rights, 1966 are today the patrimony of all enlightened peoples, whether or not they are members of the United Nations and whether or not they have already ratified the Convention of 1966.'

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