Thursday, January 22, 2009

Basic Law: Human Dignity and Liberty (1992)

Basic Law: Human Dignity and Liberty

Purpose

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; 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(a). The purpose of this Basic Law is to protect human dignity and liberty, in order to establish in a Basic Law the values of the State of Israel as a Jewish and democratic state.**

Preservation of life, body and dignity

2. There shall be no violation of the life, body or dignity of any person as such.

Protection of property

3. There shall be no violation of the property of a person.

Protection of life, body and dignity

4. All persons are entitled to protection of their life, body and dignity.

Personal liberty

5. There shall be no deprivation or restriction of the liberty of a person by imprisonment, arrest, extradition or otherwise.

Leaving and entering Israel

6. (a) All persons are free to leave Israel.

(b) Every Israel national has the right of entry into Israel from abroad.

Privacy

7. (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.

Violation of rights

8. 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.**

Reservation regarding security forces

9. 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.

Validity of laws

10. This Basic Law shall not affect the validity of any law (din) in force prior to the commencement of the Basic Law.

Application

11. All governmental authorities are bound to respect the rights under this Basic Law.

Stability

12. 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.

YITZHAK SHAMIR
Prime Minister

CHAIM HERZOG
President of the State

DOV SHILANSKY
Speaker of the Knesset

* Passed by the Knesset on the 12th Adar Bet, 5752 (17th March, 1992) and published in Sefer Ha-Chukkim No. 1391 of the 20th Adar Bet, 5752 (25th March, 1992); the Bill and an Explanatory Note were published in Hatza'ot Chok, No. 2086 of 5752, p. 60; Amended

** Amended by the Knesset on 12 Adar 5752 (17th March 1992) and amended on 21 Adar, 5754 (9th March, 1994). Amended law published in Sefer Ha-Chukkim No. 1454 of the 27th Adar 5754 (10th March, 1994), p. 90; the Bill and an Explanatory Note were published in Hatza'ot Chok No. 2250 of 5754, p. 289.

Source: http://www.knesset.gov.il/laws/special/eng/basic3_eng.htm

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