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Human rights in Israel

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Through Palestine, Human rights and United Nations

International human rights organizations, along with the United Nations and the United States Department of State, have reported human rights violations committed by Israel, particularly against minority groups. These reports include violations of the rights of Palestinians, both inside and outside Israel as well as other groups in Israel.

Freedom House in 2013 described Israel as more politically free and democratic than neighboring countries in the Middle East. According to the 2015 US Department of State's Country Reports on Human Rights Practices, Israel faces significant human rights problems regarding institutional discrimination against Arab citizens of Israel (many of whom self-identify as Palestinian), Ethiopian Israelis and women, and the treatment of refugees and irregular migrants. Other human rights problems include institutional discrimination against non-Orthodox Jews and intermarried families, and labor rights abuses against foreign workers.

History

The Council of the League of Nations adopted a resolution on 4 September 1931 regarding the general conditions required before the mandate regime could be brought to an end. The new government was to provide an oral or written declaration acknowledging acceptance of an obligation to constitutionally guarantee the equal rights of ethnic and religious minorities. That resolution followed a longstanding precedent of international law in cases where the Great Powers had assisted in the restoration of sovereignty over a territory. The UN resolution on "The Future Government of Palestine" contained both a plan of partition and a Minority Protection Plan. It placed minority, women's, and religious rights under the protection of the United Nations and the International Court of Justice. The plan provided specific guarantees of fundamental human rights. The new states were to supply a declaration, which according to precedent was tantamount to a treaty. The resolution stated that "the stipulations contained in the declarations are recognized as fundamental laws of State, and no law, regulation or official action shall conflict or interfere with these stipulations, nor shall any law, regulation or official action prevail over them."

The Declaration of the Establishment of the State of Israel proclaimed, on 14 May 1948, that "the right of the Jewish people to national rebirth in its own country" was recognized in the Balfour Declaration of 2 November 1917, and re-affirmed in the Mandate of the League of Nations which, in particular, gave international sanction to the historic connection between the Jewish people and "Eretz-Israel [Land of Israel] and to the right of the Jewish people to rebuild its National Home." It also declared that the state "will be open for Jewish immigration and for the Ingathering of the Exiles; it 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 guarantee freedom of religion, conscience, language, education and culture; it will safeguard the Holy Places of all religions; and it will be faithful to the principles of the Charter of the United Nations."

Some British academics argue that Israel has not fulfilled its obligation to constitutionally protect minority rights.

Israeli Basic Law: Human Dignity and Liberty, states that fundamental human rights in Israel shall be upheld in the spirit of the principles set forth in the Declaration, but it specifically exempted legislation that was already in force. Israeli legal scholars say that the wording of the law was adopted to avoid the difficulty of giving priority to equality, which was not expressly entrenched. The result is that the principle of equality can be reversed by ordinary legislation, and furthermore will not override statutory or judge-made laws.

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