E/CN.4/1992/52
page 105
Ireland
"Yes."
"1. The mainstream of political Zionism which led to the establishment
of the State of Israel and continues to guide the direction of the country
today, is based upon the idea of a democratic Jewish State. National and
historical religious elements intermingle which give Israel its uniquely
Jewish character. Nevertheless there is no State religion in Israel.
Intrinsic to the democratic way of life, neither in law nor in practice are
restrictions placed upon any individual's right to freedom of belief,
regardless of which faith he belongs to or if he belongs to no faith at all.
On the contrary, the State of Israel is committed to the equal protection
under the law of believers of all faiths and non-believers alike.
2.
Article 83 of the Palestine Order-in-Council provides that 'all
persons ... shall enjoy full liberty of conscience and the free exercise of
their forms of worship, subject only to the maintenance of public order and
morals'. Article 17(l)(a) stipulates that 'no ordinance shall be promulgated
which shall restrict complete freedom of conscience and the free exercise of
all forms of worship'.
3.
The principle of guaranteeing the individual rights of peoples of
all faiths in Israel is expressed in the ... Israeli Declaration of
Independence which guarantees freedom of religion and conscience and equality
of social and political rights regardless of individual beliefs.
4.
The Supreme Court of Israel, sitting as the High Court of Justice
has affirmed this approach:
'Everyone in Israel enjoys the freedom of conscience, faith,
religion and worship. This freedom is guaranteed to every person ... in
Israel by virtue of its being one of the foundations on which the State
of Israel rests. This freedom is anchored partly in Article 83 of the
Palestine Order-in-Council 1922, and partly it belongs to the "basic
rights that are not written in a book but derive directly from the nature
of our State as a democratic and freedom-loving State". Pursuant to
these norms - and what is stated in the Declaration of Independence every statute and every law will be interpreted as recognizing freedom of
conscience, faith, religion and worship. The Declaration of Independence
assured "freedom of religion and worship to all State citizens ... it
provided a pattern of life for citizens of the State and requires every
State authority to be guided by its principles" (H.C.J. 262/62 16 P.D.
(II) 2101 cited in H.C.J. 292/83 38 P.D. (II) 449).'
5.
This basic right is further emphasized in the proposed Basic Law:
The Fundamental Rights of Man. This proposed Law has passed its first reading
in the Israeli Parliament, the Knesset. Article 6 of the proposed law
states: 'Every person has freedom of religious belief and the freedom to
observe the principles of his faith and his religious commandments'.