Law Of Return
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Law of Return - Wikipedia, the free encyclopedia
For the equivalent laws in other countries, see Right of return. ... Judaism ? Zionism ? Law of Return ? Jewish homeland ? Yerida ? Galut ? Jewish Messianism ...
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Law of Return: Information from Answers.com
Law of Return Law that allows Jews to immigrate to Israel and become Israeli citizens. ... The Law of Return (Hok ha-Shvut) was passed by the Knesset on 5 July 1950. ...
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Right of return - Wikipedia, the free encyclopedia
... of return refers to the principle in international law that ... National laws implementing a "right of return" tend to be predicated ... Law of ...
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The Law of Return: An Introduction
Cyber encyclopedia of Jewish history and culture that covers everything from ... The Law of Return did not step from ideology alone; it was also a practical measure. ...
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Law of Return
Text of Israel's Law Of Return giving every Jew the right to automatically acquire citizenship, from the Jewish Virtual Library. ... Law of Return 5710-1950 ...
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This article is about the right of return in Israel. For the equivalent laws in other countries, see Right of return. The Law of Return is also another name to the Rule of Three (Wiccan).
{| style="float: right; clear: right; background-color: transparent"|-||}The Law of Return (Hebrew language: חוק השבות, ḥōk ha-shvūt) 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 Law On July 5, 1950, the Knesset, Israel's Parliament enacted item 5710-1950, the Law of Return.http://www.mfa.gov.il/MFA/MFAArchive/1950_1959/Law%20of%20Return%205710-1950 Follow-up legislation on immigration matters as they pertain to Jews and non-Jews is enshrined in the Israeli 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 special rights to Jews with the aim of facilitating their immigration to the Jews' ancestral homeland.
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 Declaration of Independence (Israel) and recognized by the League of Nations in 1922, when charging United Kingdom with the duty of establishing a British Mandate of Palestine, and by the United Nations within the United Nations General Assembly Resolution 181 of 1947 which provided for establishment of Israel as an independent Jewish state.
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.
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-Semitism persecution. While other states had denied the mass immigration of Jewish refugees, Zionism 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.
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 halakha definition of being Jewish-- if your mother is Jewish, you are Jewish as well or if you convert to Judaism (though conversions to Reform judaism and 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.
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 Aliyah 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).
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 halakha 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.
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. 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. Eleonara Poltinnikova-Shifrin. "The Jewish State and the Law of Return." 1 January 2002.
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#Flight to Israel, Victor Vancier). Crime Library. . Also Jews converting to other religions lose their right to citizenship under the Law of Return, (e.g. Oswald Rufeisen).
Controversy Critics Allegations_of_Israeli_apartheid that the Law of Return is part of a larger system of discrimination whereby Israeli Jews are given superior civil and social rights over Israeli Arabs. Arab Human Rights Association. "Discrimination in the Israeli Law. Access date=2 October 2006. They further claim that the Law of Return runs counter to the claims of a democratic state Permanent Observer Mission of Palestine to the United Nations. "UN Economic, Social and Cultural Committee Expresses Grave Concern Over Israel's Discriminatory Practices." Access Date=2 October 2006. 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." Jonathan Cook. "Hollow Visions of Palestine's Future." November 18, 2006. accessdate=23 February 2007.
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. Israeli Ministry of Foreign Affairs. The Law of Return. 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.
Defenders of the Law of Return propose three basic arguments
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 Jus 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.
A Spanish law decreed under the rule of Miguel Primo de Rivera states that Sephardi Jews have the right to apply for Spanish citizenship. This law was applied to thousands of Holocaust refugees during the Second World War and even to Sarajevo Jews during the War of Bosnia.
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 Gail J. Boling. "Palestinian Refugees and the Right of Return: An International Law Analysis." Badil Information & Discussion Brief. 1 January 2001., 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. 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.
In September 2007, the Neo-Nazi#Israel in Petah Tikva, made up of teenage immigrants from the Former Soviet Union, led to renewed calls amongst politicians to amend the Law of Return. Effi Eitam of the National Religious Party and the National Union (Israel), which represent the religious Zionism movement and have previously attempted to advance bills to amend the Law of Return, stated that Israel has become "a haven for people who hate Israel, hate Jews, and exploit the Law of Return to act on this hatred." On the other end of the political spectrum, MK Ahmed Tibi of United Arab List and Ta'al criticized the system's double-standard, stating that, "people immigrated to Israel and received automatic citizenship under the Law of Return, while citizens of Nazareth and Taibe are not allowed to visit their own relatives merely due to the fact that they are Arabs."
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."
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.
On March 31, 2005, the Supreme Court of Israel 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.
See also
- Aliyah
- Politics of Israel
- Basic Laws of Israel
- Who is a Jew?
- Citizenship and Entry into Israel Law
- Population exchange#Middle East
References
External links
- The Law of Return - The text of the law and its various amendments
- Democratic Norms, Diasporas, and Israel’s Law of Return by Alexander Yakobson and Amnon Rubinstein
- The problem is how to become an Israeli by Amnon Rubenstein, Ha'aretz
- Judt Labels Israel "Anachronistic," Calls for Binational State
Law of Return - Wikipedia, the free encyclopedia
The Law of Return (Hebrew: חוק השבות, ḥok ha-shvūt) is Israeli legislation, originating in 1950, that gives Jews, those of Jewish ancestry, and their spouses the right ...
Law of Return 5710-1950
Right of aliyah** 1. Every Jew has the right to come to this country as an oleh**. Oleh's visa: 2. (a) Aliyah shall be by oleh's visa. (b) An oleh's visa shall be granted to ...
Israel's Law of Return
English translation of Israel's 'Law ofReturn' ... Israel's "Law of Return" The "Law of Return" was passed by the Knesset on July 6, 1950.
Right of return - Wikipedia, the free encyclopedia
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 ...
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