Israel: Basic Law of 1992, Human Dignity and Liberty
|Publisher||National Legislative Bodies / National Authorities|
|Publication Date||25 March 1992|
|Cite as||Israel: Basic Law of 1992, Human Dignity and Liberty [Israel], 25 March 1992, available at: http://www.refworld.org/docid/3ae6b52618.html [accessed 26 January 2015]|
|Comments||This is the official translation (but unofficial consolidation). The Law was passed by the Knesset on 17 March 1992 and published in Sefer Ha-Chukkim No. 1391 dated 25 March 1992. The Amendment included here was passed by the Knesset on 9 March 1994 ad published in Sefer Ha-Chukkim No. 1454 dated 10 march 1994. 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/1328;|
Fundamental human rights in Israel are founded upon recognition o 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 spirit of the principles set forth in the Declaration of the Establishment of the State of Israel.1
The purpose of this Basic Law is to protect human dignity and liberty, in order to establish in a Basic Law tile values of the State of Israel as a Jewish and democratic state.
2.Preservation of Life, body and dignity
There shall be no violation of the life, body or dignity of any person as such.
3.Protection of property
There shall be no violation of the property of a person.
4.Protection of life, body and dignity
All persons are entitled to protection of their life, body and dignity.
There shall be no deprivation or restriction of the liberty of a person by imprisonment, arrest, extradition or otherwise.
6.Leaving and entering Israel
(a)All persons are free to leave Israel.
(b)Every Israel national has the right entry into Israel from abroad.
(a)All persons have the right to privacy and to intimacy.
(b)There shall be no entry into the private premises of a person who has not consented thereto.
(c)No search shall be conducted on the private premises of a person, nor in the body or personal effects.
(d)There shall be no violation of the confidentiality of conversation, or of the writings or records of a person.
8.Violation of rights
There shall be no violation of rights under this Basic Law 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.2
9.Reservation regarding security forces
There shall be no restriction of rights under this Basic Law held by persons serving in the Israel Defence Forces, the Israel Police, the Prisons Service and other security organizations of the State, nor shall such rights be subject to conditions, except by virtue of a law, or by regulation enacted by virtue of a law, and to an extent no greater than is required by the nature and character of the service.
10.Validity of laws
This Basic Law shall not affect the validity of any law (din) in force prior to the commencement of the Basic Law.
All governmental authorities are bound to respect the rights under this Basic Law.
This Basic Law cannot be varied, suspended or made subject to conditions by emergency regulations; notwithstanding, when a state of emergency exists, by virtue of a declaration under section 9 of the Law and Administration Ordinance, 5708-1948, emergency regulations may be enacted by virtue of said section to deny or restrict rights under this Basic Law, provided the denial or restriction shall be for a proper purpose and for a period and extent no greater than is required.
1 inserted by the Amendment passed by the Knesset on 9 March 1994 and published in (i) Sefer Ha-Chukkim (I) No. 1454 dated 10 March 1994.
2 (repeat the above note).