Last Updated: Tuesday, 16 September 2014, 13:37 GMT

Israel: Basic Law of 1994, Freedom of Occupation

Publisher National Legislative Bodies / National Authorities
Publication Date 10 March 1994
Cite as Israel: Basic Law of 1994, Freedom of Occupation [Israel],  10 March 1994, available at: http://www.refworld.org/docid/3ae6b52610.html [accessed 16 September 2014]
Comments This is the official translation. The Law was passed by the Knesset on 9 March 1994 and published in Sefer Ha-Chukkim No. 1454 dated 10 march 1994. It repealed the earlier version in 1992. Please note that Israel has no written constitution in one single document, but a set of Basic Laws, including: LEGAL/REFLEG/e/1335; LEGAL/REFLEG/e/1333; LEGAL/REFLEG/e/1329; LEGAL/REFLEG/e/1331; LEGAL/REFLEG/e/1325; LEGAL/REFLEG/e/1332; LEGAL/REFLEG/e/1334; LEGAL/REFLEG/e/1326; LEGAL/REFLEG/e/1327; LEGAL/REFLEG/e/1330;
DisclaimerThis is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.

1.Basic principles

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 sprit of the principles set forth in the Declaration of the Establishment of the State of Israel.

2.Purpose

The purpose of this Basic Law if to protect freedom of occupation, in order to establish in a Basic Law the values of the State of Israel as a Jewish and democratic state.

3.Freedom of occupation.

Every Israel national or resident has the right to engage in any occupation, profession or trade.

4.Violation of freedom of occupation

There shall be no violation of freedom of occupation except by a law befitting the values of the State of Israel, enacted for a proper purpose, and to an extent no greater than is required, or by regulation enacted by virtue of express authorization in such law.

5.Application

All governmental authorities are bound to respect the freedom of occupation of all Israel nationals and residents.

6.Stability

This Basic Law shall not be varied, suspended or made subject to conditions by emergency regulations.

7.Entrenchment

This Basic Law shall not be varied except by a Basic Law passed by a majority of the members of the Knesset.

8.Effect of nonconforming law

A provision of a law that violates freedom of occupation shall be of effect, even though not in accordance with section 4, if it has been included in a law passed by a majority of the members of the Knesset, which expressly states that it shall be of effect, notwithstanding the provisions of this Basic Law; such law shall expire four years from its commencement unless a shorter duration has been stated therein.

9.Repeal

Basic Law: Freedom of Occupation[1] is hereby repealed.

10.Provisional

The provisions of any enactment which, immediately prior to this Basic Law would have been of effect but for this Basic Law or the Basic Law repealed in section 9, shall remain in effect two years from the commencement of this Basic Law, unless repealed earlier; however, such provisions shall be construed in the spirit of the provisions of this Basic Law.

Amendment of Basic Law: Human Dignity and Liberty-

In Basic Law: Human Dignity and Liberty -

(1)Section 1 shall be designated 1 (a) and shall be preceded by the following section:

Basic principles

1.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; three rights shall be upheld in the spirit of the principles set forth in the Declaration of the Establishment of the State of Israel.

(2)At the end of section 8, the following shall be added:

"or by regulation enacted by virtue of express authorization in such law."



[1] This Basic Law: Freedom of Occupation repeals and replaces the former Basic Law on freedom of occupation, enacted in 1992 (Sefer Ha-Chukkim of 5752, p. 114.)

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