Adalah Legal Center for Arab Minority Rights in Israel v. Minister of Religious Affairs and Minister of Finance

HCJ 1113/99 [April 18, 2000] (2000)

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Adalah Legal Center for Arab Minority Rights in Israel v. Minister of Religious Affairs and Minister of Finance

Israel Supreme Court
HCJ 1113/99 [April 18, 2000] (2000)

KS

Facts

In Israel, cemeteries were state-owned but managed by religious organizations. Traditionally, an Israeli citizen was buried in a religious cemetery affiliated with the individual’s religion unless an explicit request for burial in a nonreligious cemetery was made. The Ministry of Religious Affairs (the ministry) (defendant) allocated funds to religious organizations to maintain and operate their respective cemeteries. Approximately 20 percent of the population of Israel was composed of Arabs, who were largely members of Christian or Muslim faith traditions. The ministry allocated only two percent of its budget to Christian or Muslim cemeteries. The Adalah Legal Center for Arab Minority Rights in Israel (the center) (plaintiff) challenged the disparity in the ministry’s allocation, which provided almost all of the cemetery funds to maintain Jewish cemeteries. The center argued that, by failing to fund Muslim and Christian cemeteries proportionally, the ministry violated the principle of equality.

Rule of Law

Issue

Holding and Reasoning (Zamir, J.)

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