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Encyclopedia > Law of Return
Israel

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The Law of Return (Hebrew: חוק השבות, hok ha-shvut) is Israeli legislation that allows Jews and those with Jewish parents or grandparents, and spouses of the aforementioned, to settle in Israel and gain citizenship. The Basic Laws of Israel are a key component of Israels uncodified constitution. The State of Israel has no formal constitution. ... The Jerusalem Law is a common name of Basic Law: Jerusalem, Capital of Israel passed by the Israeli Knesset on July 30, 1980 (17th Av, 5740). ... The President of the State of Israel (‎, Nesi HaMedina, lit. ... This article needs additional references or sources for verification. ... The Prime Minister of Israel (Hebrew: ראש הממשלה, Rosh HaMemshala, lit. ... Ehud Olmert (IPA ; Hebrew:אהוד אולמרט; born September 30, 1945) is the 12th and current Prime Minister of Israel. ... The Cabinet of Israel is a formal body comprised of government officials chosen and led by a Prime Minister. ... Israel The power of the Knesset to supervise and review government policies and operations is exercised mainly through the state controller, also known as the ombudsman or ombudswoman (Hebrew: מבקר המדינה Mevaker HaMedina. ... The modern Knesset building, Israels parliament, in Jerusalem Though similar-sounding, Beit Knesset (בית כנסת) literally means House of Assembly, and refers to a synagogue. ... List of Speakers of the Knesset, the Israeli parliament: Joseph Shprinzak (Mapai) 1949-59 Nahum Nir (Ahdut Haavodah) 1959 Kadish Luz (Mapai, Alignment)1959-69 Reuven Barkat (Alignment) 1969-72 Yisrael Yeshayahu-Sharabi (Alignment) 1972-77 Yitzhak Shamir (Likud) 1977-80 Yitzhak Berman (Likud) 1980-81 Menachem... Dalia Itzik (Hebrew: ‎; born October 20, 1952) is the current speaker of the Israeli Knesset and Acting President of Israel. ... // (Blue = coalition parties, red = opposition parties) 1This title, called in Hebrew ממלא מקום ראש הממשלה (Memale Mekom Rosh HaMemshala, lit. ... 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Contents

The Law

On July 5, 1950, the Knesset, Israel's Parliament enacted item 5710-1950, the Law of Return.[1] Follow-up legislation on immigration matters as they pertain to Jews and non-Jews is enshrined in the Nationality Law passed in 1952. These two pieces of legislation combine religion, history, nationalism, and democracy, in a way unique to Israel. Together, the legislation grants preferential treatment to Jews with the aim of facilitating their immigration to what the State of Israel views as the Jews' ancestral homeland. is the 186th day of the year (187th in leap years) in the Gregorian calendar. ... Year 1950 (MCML) was a common year starting on Sunday (link will display the full calendar) of the Gregorian calendar. ... The modern Knesset building, Israels parliament, in Jerusalem Though similar-sounding, Beit Knesset (בית כנסת) literally means House of Assembly, and refers to a synagogue. ... To meet Wikipedias quality standards, this article or section may require cleanup. ... This article needs additional references or sources for verification. ... This article is about discrimination in the social science context. ...


The Law of Return declares that Israel constitutes a home not only for the inhabitants of the State, but also for all members of the Jewish people everywhere - be they living in poverty and fear of persecution or in affluence and safety.


Purpose

The purpose of the Law of Return, like that of the Zionist Movement, was to provide a solution to the Jewish people's problem--to re-establish a home for the entire Jewish people in Eretz Yisrael, the Land of Israel. In the Law of Return, the State of Israel put into practice the Zionist Movement's "credo" as pledged in Israel's Declaration of Independence. Kingdom of Israel: Early ancient historical Israel — land in pink is the approximate area under direct central royal administration during the United Monarchy. ...


Supporters of the Law of Return claim that in order to understand the Law, one must comprehend the political context in which it was written. At the time of the measure's adoption in 1950, only five years had passed since the end of World War II and the Holocaust. These events caused incalculably large losses of family members and friends of Jews; the events also destroyed communities, and livelihoods. In this context, there was too consistent a pattern of persecution of Jews in virtually the entire Jewish diaspora. Year 1950 (MCML) was a common year starting on Sunday (link will display the full calendar) of the Gregorian calendar. ... Combatants Allied powers: China France Great Britain Soviet Union United States and others Axis powers: Germany Italy Japan and others Commanders Chiang Kai-shek Charles de Gaulle Winston Churchill Joseph Stalin Franklin Roosevelt Adolf Hitler Benito Mussolini Hideki Tōjō Casualties Military dead: 17,000,000 Civilian dead: 33,000... For other uses, see Holocaust (disambiguation) and Shoah (disambiguation). ... The Jewish diaspora (Hebrew: Tefutzah, scattered, or Galut גלות, exile, Yiddish: tfutses) is the expulsion of the Jewish people out of the Roman province of Judea. ...


A religious and cultural vision

Jewish immigration to Palestine was not only seen as the fulfillment of a religious cultural vision, but was portrayed as the only viable option for Jews seeking refuge from anti-Semitic persecution. While other states had denied the mass immigration of Jewish refugees, Zionist advocates in Palestine worked to make a tangible political reality out of the yearning for a Jewish homeland, putting it forward as an immediate means for continued survival. The Eternal Jew: 1937 German poster. ... Zionism is a political movement that supports a homeland for the Jewish people in the Land of Israel, where Jewish nationhood is thought to have evolved somewhere between 1200 BCE and late Second Temple times,[1][2] and where Jewish kingdoms existed up to the 2nd century CE. Zionism is... Poster promoting a film about Jewish settlement in Palestine, 1930s: Toward a New Life (in Romanian),The Promised Land (in Hungarian), in small (down) text is written First Palestinian sound movie 1844 Discourse on the Restoration of the Jews by Mordecai Noah, page one. ...


Eligibility requirements

Those who are eligible to immigrate under the Law of Return are immediately granted citizenship. Controversy has arisen as to whether all those claiming citizenship rights under the Law of Return should be registered as "Jewish" citizens for census purposes. Jewish status is traditionally granted according to the halakhic definition of being Jewish-- if your mother is Jewish, you are Jewish as well or if you convert to Judaism (though conversions to Reform and even Conservative Judaism streams are generally not recognized by many people in Israel). However, any Jew regardless of affiliation may return and claim citizenship in Israel. Halakha (Hebrew: הלכה; also transliterated as Halakhah, Halacha, Halakhot and Halachah with pronunciation emphasis on the third syllable, kha), is the collective corpus of Jewish religious law, including biblical law (the 613 mitzvot) and later talmudic and rabbinic law as well as customs and traditions. ... Reform Judaism can refer to (1) the largest denomination of American Jews and its sibling movements in other countries, (2) a branch of Judaism in the United Kingdom, and (3) the historical predecessor of the American movement that originated in 19th-century Germany. ... Conservative Judaism, (also known as Masorti Judaism in Israel predominantly), is a modern stream of Judaism that arose out of intellectual currents in Germany in the mid-19th century and took institutional form in the United States in the early 1900s. ...


Originally, the Law of Return was restricted to Jews only. A 1970 amendment, however, stated that, "The rights of a Jew under this Law and the rights of an oleh under the Nationality Law...are also vested in a child and a grandchild of a Jew, the spouse of a Jew, the spouse of a child of a Jew and the spouse of a grandchild of a Jew" (Law of Return). 1970 (MCMLXX) was a common year starting on Thursday. ... Aliyah (Hebrew: עלייה, ascent or going up) is a term widely used to mean Jewish immigration to the Land of Israel (and since its establishment in 1948, the State of Israel). ...


One explanation for this amendment is that the Law of Return attempts to provide sanctuary as a citizen in Israel to anyone who would be persecuted under the Nuremberg Laws. As the Nuremberg Laws did not use a halakhic definition in its definition of Who is a Jew, the Law of Return definition for citizenship eligibility is not halakhic, either. The Law of Return merely provides citizenship for anyone covered under the Nuremberg Laws, but does not necessarily denote Jewish status to those granted citizenship. Nuremberg Laws of 1935 were denaturalization laws passed in Nazi Germany. ... Halakha (Hebrew: הלכה; also transliterated as Halakhah, Halacha, Halakhot and Halachah with pronunciation emphasis on the third syllable, kha), is the collective corpus of Jewish religious law, including biblical law (the 613 mitzvot) and later talmudic and rabbinic law as well as customs and traditions. ... Judaism is the Jewish religion, but Jews, religious or not, also form an ethnic group or nation. ...


A second explanation is that in order to increase immigration levels so as to offset the "demographic threat" posed by the continuing presence and growth of the Palestinian population, the law expanded the base group of those eligible to immigrate to Israel.[citation needed] A third explanation promoted by religious Jews is that the overwhelmingly secular leadership in Israel sought to undermine the influence of religious elements in Israeli politics and society by allowing more secular Jews and their non-Jewish spouses to immigrate. [2] This page may meet Wikipedia’s criteria for speedy deletion. ...


Exceptions

A Jew can be excluded from Israeli citizenship under the Law of Return if he or she is considered to be dangerous to the welfare of the State of Israel. Jews who have a past that involves a serious crime, such as murder, or who are fugitives in another country for any felony (unless they are labeled such as persecution victims) can be denied the right of return, (e.g. Meyer Lansky, Chaim Ben Pesach). [3]. Also Jews converting to other religions lose their right to citizenship under the Law of Return, (e.g. Brother Daniel). This article or section does not cite any references or sources. ... This article or section does not adequately cite its references or sources. ... Oswald Rufeisen 1922-1998, also known as Brother Daniel was born to a Jewish family living in Poland, near Oświęcim. ...


Controversy

Critics claim that the Law of Return is part of a larger system of discrimination ("institutional apartheid"), whereby Israeli Jews are given superior civil and social rights over Israeli Arabs. [4] They further claim that the Law of Return runs counter to the claims of a democratic state [5] [6] and that Israeli support for the Law of Return for the Jews, "excuses and maintains the act of ethnic cleansing that dispossessed the Palestinian refugees more than half a century ago." [7] This article or section seems to contain too many quotations for an encyclopedia entry. ... A segregated beach in South Africa, 1982. ... The Israeli Arabs, or 1948 Palestinians, are those Arabs who remained inside the borders of what would become Israel after 1948, when most Arabs fled the country in the 1948 Arab-Israeli War (see also Nakba). They make up roughly 20% of Israels population. ...


Critique of the Law of Return by Palestinians and advocates for Palestinian refugees is often linked to the Palestinian demand for a right of return. [8] The Law of Return, as contrasted against the as-yet unfulfilled right of return is cited by Palestinians and their supporters as a deep offense that amounts to asking them to accept what they see as institutionalized ethnic discrimination that privileges the rights of Jews. [9] The Palestinian flag, adopted in 1948, is a widely recognized modern symbol of the Palestinian people. ... In the Israeli-Palestinian conflict, a Palestinian refugee is a refugee from Palestine created by the Palestinian Exodus, which Palestinians call the Nakba (نكبة, meaning disaster). History Most of the refugees had already fled by the time the neighboring Arab states intervened on the side of Palestinians... The term Right of return refers to the principle in international law that members of an ethnic or national group have a right to immigration and naturalization into the country that they, the destination country, or both consider to be that groups homeland, independent of prior personal citizenship in... Categories: Move to Wiktionary | Stub | Persecution ...


Defenders of the Law of Return propose three basic arguments

  1. The Law of Return is only one way of acquiring citizenship. It is not the only way. There are other ways to acquire citizenship for non-Jews, such as naturalization, by birth, by residence, or by marrying an Israeli citizen. The Law of Return is meant to deal only with the Jewish problem of homelessness and worldwide persecution.[10] [11]
  2. That special privileges are granted to one group (i.e., Jews) does not necessarily or automatically discriminate against another. Jewish foreigners along with their relatives are eligible for "positive" discrimination because they can obtain automatic naturalization. Israel has residency and citizenship laws for non-Jews that are equivalent to those in other liberal democracies. It is argued that these kinds of laws are common and consistent with International Law, including the Convention on the Elimination of All Forms of Racial Discrimination Article I(3) which allows for preferential immigration treatment of some groups, provided there is no discrimination against a specific group.[12] Others point to the legal barring of Jews from several Arab states.[13][14]
  3. That while the purpose of the Law of Return is to keep Israel predominantly Jewish[citation needed], the policy that it represents is legitimate and justified. In a world where Jews have been persecuted, the concept of maintaining a Jewish state is necessary for the survival of the Jewish people generally and to provide a safe haven for Jewish refugees in specific cases. Here again, defenders cite the Convention on the Elimination of All Forms of Racial Discrimination Article I(4), which allows for preferential treatment for some groups in order to remedy past discrimination. [12]
A stamp in a passport issuing holder Israeli citizenship based on Law of Return
A stamp in a passport issuing holder Israeli citizenship based on Law of Return

In law, naturalization refers to an act whereby a person acquires a citizenship different from that persons citizenship at birth. ... This article or section is in need of attention from an expert on the subject. ... The Convention on the Elimination of All Forms of Racial Discrimination (CERD) is a United Nations convention adopted and opened for signature and ratification by United Nations General Assembly resolution 2106 (XX) December 21, 1965, and which entered into force January 4, 1969. ... Look up Persecution in Wiktionary, the free dictionary. ... The book Der Judenstaat (The Jewish State, 1896) by Theodor Herzl. ... Image File history File links Law_of_Return_Passport. ... Image File history File links Law_of_Return_Passport. ...

Similar laws in other countries

In addition to Israel, several other countries provide immigration privileges to individuals with ethnic ties to these countries (so-called leges sanguinis). (See Right of return and Repatriation laws.) These citizenship laws seem to have been enacted by states wishing to guarantee a safe-haven to diaspora populations assumed to be living under precarious conditions. Jus sanguinis (Latin for right of blood) is a right by which nationality or citizenship can be recognised to any individual born to a parent who is a national or citizen of that state. ... The term Right of return refers to the principle in international law that members of an ethnic or national group have a right to immigration and naturalization into the country that they, the destination country, or both consider to be that groups homeland, independent of prior personal citizenship in... // Repatriation laws have been created in many countries to enable Diasporas to immigrate (return) to their kin-state. This is sometimes known as the exercise of the Right of return. ... For other uses, see Diaspora (disambiguation). ...


Debate in Israel

In Israel, a debate continues over the Law of Return. Some people wish to retain it as it stands, others want to modify it, and a small minority wants to abolish the Law completely. Those who would abolish the Law believe that it grants Jews rights that members of other groups governed by the State of Israel do not have [15], a situation which would be contrary to the spirit of a modern liberal democracy. They further claim that although the law did indeed contribute to immigration and absorption when Israel was established, it is no longer needed.[citation needed] Proponents state that Israel is "Jewish and democratic" not just democratic, that it was established as a Jewish state and a refuge for the Jewish people, not as a pale copy of other world states.[citation needed]


Applicability

See also Who is a Jew?

Amongst those who are in favor of retaining the Law, controversy exists over its wording. The Law's definition of a "Jew" and "Jewish people" are subject to debate. Israeli and Diaspora Jews differ with each other as groups and among themselves as to what this definition should be for the purposes of the Law of Return. Additionally, there is a lively debate over the meaning of the terms "Jewish State" and "State of the Jews." This article or section does not cite any references or sources. ...


Discussion around the Law and its wording constantly reappears on private and public agendas in Israel and in the Diaspora. The Knesset has repeatedly debated proposals to amend the Law of Return, and it has indeed been amended a number of times over the years. These modifications reflect the changes that have taken place in Israeli society, the shifts that have taken place in political dialogue both inside Israel itself, and the political discourse between Israel and the Diaspora. The present law constitutes an expression of permanent trends as well as of the Israeli legislative system's ability to adapt itself to changing circumstances.


It is not only the Knesset, however, which has been repeatedly obliged to directly or indirectly address these issues. Over the years, many of Israel's interior ministers have examined the issue of the Law of Return and wavered as to how to apply it. The judiciary has also been called upon to express an opinion on matters relating to the Law. This burning and recurrent question in the country's political dialogue not only reveals but also exacerbates differences of opinion between Israelis.


One central issue is who has the authority over determining the validity of conversions to Judaism for purposes of immigration and citizenship. For historical reasons, the Chief Rabbinate of Israel, under the Israeli Ministry of Religious Affairs, made this determination, but this arrangement is in question. This practice has met opposition among non-Orthodox religious leaders both within Israel and in the diaspora. Several attempts have been made to resolve the issue, the most recent being the Ne'eman Commission, but an impasse persists. The Kotel is under the supervision of the Chief Rabbinate of Israel The Chief Rabbinate of Israel is the supreme Jewish religious governing body in the state of Israel. ...


On March 31, 2005, the Israeli Supreme Court ruled 7-4 that all conversions performed outside of Israel would be recognized by the authorities under the Law of Return, notwithstanding the Ne'eman Commission's view that a single body should determine eligibility for immigration. Orthodox religious leaders objected vehemently to this ruling, arguing that it would lead to fraudulent immigration applications. March 31 is the 90th day of the year in the Gregorian calendar (91st in leap years), with 275 days remaining. ... Year 2005 (MMV) was a common year starting on Saturday (link displays full calendar) of the Gregorian calendar. ... The Supreme Court (Hebrew: בית המשפט העליון, Beit Hamishpat Haelyon ) is at the head of the court system in the State of Israel. ...


See also

The term Right of return refers to the principle in international law that members of an ethnic or national group have a right to immigration and naturalization into the country that they, the destination country, or both consider to be that groups homeland, independent of prior personal citizenship in... Aliyah (Hebrew: עלייה, ascent or going up) is a term widely used to mean Jewish immigration to the Land of Israel (and since its establishment in 1948, the State of Israel). ... The Jewish diaspora (Hebrew: Tefutzah, scattered, or Galut גלות, exile, Yiddish: tfutses) is the expulsion of the Jewish people out of the Roman province of Judea. ... Politics of Israel takes place in a framework of a parliamentary representative democratic republic, whereby the Prime Minister of Israel is the head of government, and of a pluriform multi-party system. ... The Basic Laws of Israel are a key component of Israels uncodified constitution. The State of Israel has no formal constitution. ... This article or section does not cite any references or sources. ... The Citizenship and Entry into Israel Law (Temporary Order) 5763 is an Israeli law first passed on 31 July 2003 and extended in 2005. ... Population transfer is a term referring to a policy by which a state forces the movement of a large group of people out of a region, invariably on the basis of ethnicity or religion. ... In the Israeli-Palestinian conflict, a Palestinian refugee is a refugee from Palestine created by the Palestinian Exodus, which Palestinians call the Nakba (نكبة, meaning disaster). History Most of the refugees had already fled by the time the neighboring Arab states intervened on the side of Palestinians... Spanish dictator Miguel Primo de Rivera y Orbaneja Miguel Primo de Rivera y Orbaneja, Marqués de Estella (Jerez, January 8, 1870 - Paris, March 16, 1930) was a Spanish military official who ruled Spain as a dictator from 1923 to 1930, ending the turno system of alternating parties. ... Sephardim (ספרדי, Standard Hebrew SÉ™fardi, Tiberian Hebrew ardî; plural Sephardim: ספרדים, Standard Hebrew Sfaradim, Tiberian Hebrew ) are a subgroup of Jews, generally defined in contrast to Ashkenazim and/or . ... Combatants Army of the Republic of Bosnia and Herzegovina Image:Herzeg Bosnia. ...

References

  1. ^ http://www.mfa.gov.il/MFA/MFAArchive/1950_1959/Law%20of%20Return%205710-1950
  2. ^ Eleonara Poltinnikova-Shifrin. "The Jewish State and the Law of Return." [1] 1 January 2002.
  3. ^ Crime Library.[2]
  4. ^ Arab Human Rights Association. "Discrimination in the Israeli Law. [3] Access date=2 October 2006.
  5. ^ Permanent Observer Mission of Palestine to the United Nations. "UN Economic, Social and Cultural Committee Expresses Grave Concern Over Israel's Discriminatory Practices." [4] Access Date=2 October 2006.
  6. ^ [5]
  7. ^ Jonathan Cook. "Hollow Visions of Palestine's Future." [6] November 18, 2006. accessdate=23 February 2007.
  8. ^ Israeli Ministry of Foreign Affairs. The Law of Return. [7]
  9. ^ [www.adc.org/issue_papers/ror/issuepaper30.PDF]
  10. ^ Israel Ministry of Foreign Affairs, "Acquisition of Israeli Nationality". [8]
  11. ^ International Convention on the Elimination of all forms of Racial Discrimination, CERD/C/471/Add.2, 1 September 2005.
  12. ^ a b "From 'Ethnic Cleansing' to Casualty Count, Prof. Qumsiyeh Errs" Committee for Accuracy in Middle East Reporting in America, August 20, 2004.
  13. ^ http://www.meforum.org/article/263
  14. ^ http://findarticles.com/p/articles/mi_m2501/is_n1_v18/ai_18413376/pg_13
  15. ^ Gail J. Boling. "Palestinian Refugees and the Right of Return: An International Law Analysis." [9] Badil Information & Discussion Brief. 1 January 2001.

The Committee for Accuracy in Middle East Reporting in America (CAMERA) is a non-profit, tax-exempt media watchdog group based in Boston chiefly monitoring media coverage of the Arab-Israeli conflict and focusing primarily on correcting coverage that it considers inaccurate or unfairly skewed against Israel. ... is the 232nd day of the year (233rd in leap years) in the Gregorian calendar. ...

External links


  Results from FactBites:
 
Law of Return - Wikipedia, the free encyclopedia (1992 words)
The Law of Return and the Law on Citizenship were enacted by the Knesset, Israel's Parliament in the summer of 1950 (on the Jewish calendar, 20th Tammuz 5710).
The Law of Return declares that Israel constitutes a home not only for the inhabitants of the State, but also for all members of the Jewish people everywhere, be they living in poverty and fear of persecution or be they living in affluence and safety.
As the Nuremberg Laws did not use a halakhic definition in its definition of Who is a Jew, the Law of Return definition for citizenship eligibility is not halakhic, either.
Law of Return - definition of Law of Return in Encyclopedia (1133 words)
The Law of Return is Israeli legislation that allows Jews to settle in the State of Israel and gain citizenship.
While the original law was enacted to remove barriers for entry to Jewish refugees from around the world, its continued status is controversial with regard toward Israel's Palestinian Arab refugees and their treatment.
Critics claim that the Law of Return is part of a larger system of institutional apartheid, whereby Jews in Israel are given superior civil and social rights over Arabs.
  More results at FactBites »

 
 

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