Adapted with permission from the Israeli Ministry of Foreign Affairs.
The question as to whether freedom of religion in all its aspects is adequately protected in any society can be answered by a careful examination of the relevant doctrines and practices of its legal system. There are significant sources for the protection of religious liberty in Israeli law. There have also been various efforts to incorporate religious norms or restrictions that reflect religious sources into the law of the land and an evaluation of these is part of any investigation of Israel’s adherence to principles of freedom of conscience and religion.
The Palestine Mandate of 1922 [in which Britain controlled the area that is now considered Israel proper, territories under the Palestinian Authority, and Jordan] contained a number of provisions ensuring freedom of religion and conscience and protection of holy places, as well as prohibiting discrimination on religious grounds. Further, the Palestine Order in Council of that same year provided 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.” It also lays down that “no ordinance shall be promulgated which shall restrict complete freedom of conscience and the free exercise of all forms of worship.” These provisions of the Mandate and of the Palestine Orders in Councils have been recognized in the Israeli legal system and are instructive of Israeli policy in safeguarding freedom of conscience and religion.
Dome of the Rock
Israel’s Declaration of Independence, promulgated at the termination of the British Mandate in 1948, is another legal source that guarantees freedom of religion and conscience, and equality of social and political rights irrespective of religion. Although the Declaration itself does not confer any legally enforceable rights, the High Court has held that “it provides a pattern of life for citizens of the State and requires every State authority to be guided by its principles.”