This is an unofficial consolidation. In section 2 (b) of the Law of Return, 5710-1950** -. The Law of Return is an Israeli law giving any Jew the right to live in Israel and obtain Israeli citizenship. (b) The restrictions specified in section 2(b) shall apply also to the grant of an oleh's certificate, but a person shall not be regarded as endangering public health on account of an illness contracted after his arrival in Israel. Tweet. We have seen that giving preference to Jews in immigration—and especially the policy encouraging the immigration of Jews—can in fact affect the welfare and status of the Arab minority, but this in itself does not constitute unjustified discrimination. Similarly, the demands that Israel must annul the Law of Return if it wishes to be considered a democracy which grants equality to all of its residents, and especially to the Arab minority living within its borders, are unfounded. Others question whether the Falash Mura qualify under Israel’s law of return, which grants citizenship to all Jews. The Law of Return is consistent with Israel’s liberal democratic character. Nothing in this Convention may be interpreted as affecting in any way the legal provisions of States Parties concerning nationality, citizenship or naturalization, provided that such provisions do not discriminate against any particular nationality. Das Rückkehrgesetz (hebräisch חוק השבות chok ha-schwut) ist ein israelisches Gesetz von 1950, das Personen jüdischer Herkunft oder jüdischen Glaubens sowie deren Ehepartnern die Einwanderung nach Israel … A Baltimore native, Pesach was with HonestReporting from 2011 to 2020. In January, 2019, Israel’s Central Bureau of Statistics announced for the first time that non-Jewish immigrants outnumbered Jewish immigrants. Israel continued to debate changes to its Law of Return. It can be revised or revoked by a simple Knesset majority. Special measures taken for the sole purpose of securing adequate advancement of certain racial or ethnic groups or individuals requiring such protection as may be necessary in order to ensure such groups or individuals equal enjoyment or exercise of human rights and fundamental freedoms shall not be deemed racial discrimination, provided, however, that such measures do not, as a consequence, lead to the maintenance of separate rights for different racial groups and that they shall not be continued after the objectives for which they were taken have been achieved. Every Jew who has immigrated into this country before the coming into force of this Law, and every Jew who was born in this country, whether before or after the coming into force of this Law, shall be deemed to be a person who has come to this country as an oleh under this Law. In sections 2 and 5 of the Law, the words "the Minister of Immigration" shall be replaced by the words "the Minister of the Interior". Thus, changing the law requires the approval of no more than 61 lawmakers. 2. Any non-Jew who wishes to immigrate to Israel may do so through the process of naturalization, under the Law of Entry and the Law of Citizenship — similar to procedures of other democracies. The Law of Return is an Israeli law giving any Jew the right to live in Israel and obtain Israeli citizenship. Recognizing converts from abroad, and the rabbis involved. 2. 2), 5730-1970*, What The California Civil Code Says About Contracts, Commercial Lease Agreement NC: Everything You Need To Know, Legal Definition of Sanctions Rule 11: What You Need to Know. MOSHE SHAPIRA - Minister of Immigration Officially, the law recognizes all Jews of choice, regardless of their affiliation, so long as the rabbis who converted them are recognized by their respective movements. (1) the full stop at the end of paragraph (2) shall be replaced by a semi-colon, and the word "or" shall be inserted thereafter ; (2) the following paragraph shall be inserted after paragraph (2): "(3) is a person with a criminal past, likely to endanger public welfare.". DAVID BEN-GURION - Prime Minister The Law of Return — whatever its flaws — has brought a scattered people back together in their homeland. In section 2 (b) of the Law of Return, 5710-1950 (1) the full stop at the end of paragraph (2) shall be replaced by a semi-colon, and the word "or" shall be inserted thereafter ; [When] we discuss the Law of Return today, the argument justifying the preference for Jews stems directly from the right of Jews to self-determination. By the way, you dn't have to be Jewish to be an Israeli citizen. MOSHE SHARETT Prime Minister The most common reasons include a feeling of belonging, strengthening Jewish identity, religious imperatives, joining family members already in Israel, fleeing tyranny, conflict, economic hardship or antisemitism, or a combination of those and other rationales. As he's a US senator's son, a joint Israeli US squad's sent in to rescue Ronan within 36 hours. Should the Palestinians achieve statehood and enact their own law of return, they too will have to grapple with “Who is a Palestinian.”, Related reading: The UNRWA Refugee Controversy Explained. As a matter of sovereignty, the controversy surrounding “Who is a Jew” is merely one of the unique warts-and-all struggles of Jewish self-determination. Israeli law professor Ruth Gavison explains (emphasis added): The main argument in favor of the principle of return is based on the principle of self-determination. 51, p. 159. In January 2000, United Torah Judaism called for developing an immigration policy like that of the US or Canada to regulate the admission of non-Jews. The Law of Return, granting every Jew in the world the right to settle in Israel, was passed by the Knesset on July 5, 1950, and published in Sefer HaChukkim (Book of Laws) No. Halacha recognizes as Jewish someone whose mother was Jewish or was converted to Judaism by Orthodox authorities. GOLDA MEIR Prime Minister / Acting Minister of the Interior SHNEUR ZALMAN SHAZAR President of the State, Hire the top business lawyers and save up to 60% on legal fees. The exact weight allowance differs and is determined at the EL AL office at each location. (b) It shall be immaterial whether or not a Jew by whose right a right under subsection (a) is claimed is still alive and whether or not he has immigrated to Israel. Law of Return (Amendment 5714-1954)* Amendment of section 2(b) 1. She concludes: This analysis demonstrates that there is no unjustified discrimination among potential immigrants to Israel in the preference established by the Law of Return. 3A. While Israel encourages immigration, the law allows the Ministry of Interior to deny citizenship to Jews in certain circumstances, such as individuals who: The most notable rejection would be American mobster Meyer Lansky. As for the Palestinian refugees, Israel’s position is that international law does not support a Palestinian “right” of return, and that the issue should be settled through the negotiating process and in the framework of a Palestinian state. 1965 International Convention on the Elimination of All Forms of Racial Discrimination. The law also withheld aliyah rights to anyone who voluntarily converted out of Judaism, regardless of whether the individual would still be considered Jewish by halacha. (b) An oleh's visa shall be granted to every Jew who has expressed his desire to settle in Israel, unless the Minister of Immigration is satisfied that the applicant, (1) is engaged in an activity directed against the Jewish people; or. MK Bezalel Smotrich of the Yemina alliance proposed a bill seeking to cancel the ‘grandchild clause’ in the Law of Return, which allows for anyone with at least one Jewish grandparent to make Aliyah and obtain Israeli citizenship. The Law of Return, granting every Jew in the world the right to settle in Israel, was passed by the Knesset on July 5, 1950, and published in Sefer HaChukkim (Book of Laws) No. Like those born into the Jewish faith, converts are eligible to immigrate to Israel and receive automatic citizenship under the Law of Return. 3. Share. One of the most important features of such a situation is a stable Jewish majority. 4B. Under Israel’s Law of Return (1950) as amended in 1970, all non-Israeli Jews and Gentile converts to Judaism are entitled to settle in Israel and receive full Israeli citizenship. The Law of Return grants every Jew in the world the automatic right to immigrate to Israel – in Hebrew called aliyah – and immediately become a citizen of the state. . Further, criticizing the Law of Return as racist applies a double standard to Israel. 51, p. 159. For the purposes of this Law, "Jew" means a person who was born of a Jewish mother or has become converted to Judaism and who is not a member of another religion. Arab critics demanding a “right of return” for Palestinian refugees call the the Law of Return discriminatory. 1. Law of Return (Amendment 5714-1954)* Amendment of section 2(b) 1. It also offered the same rights to the immigrant’s spouse and children, regardless of whether those individuals would be considered Jewish according to halacha (religious law). At that time, it seemed inconceivable that anyone but a Jew would claim to be a Jew. Amendments included here are the Law of Return (Amendment) 5714-1954 (passed by the Knesset on the 24th Av, 5714 (23rd August, 1954) and published in Sefer Ha-Chukkim No. Nikki Haley: Palestinian "right of return" off the table. Actively campaign against the state of Israel. Thus Israel is the only place in the world where Jews can live a full Jewish existence on all levels, political as well as economic. (b) An oleh's visa shall be granted to every Jew who has expressed his desire to settle in Israel, unless the Minister of Immigration is satisfied that the applicant (1) is engaged in an activity directed against the Jewish people; or (2) is likely to endanger public health or the security of the State. Through great hardship, Israel was established to provide a safe haven for Jews around the world. Critics say this pattern has actually gone on for years. The Law of Return was designed to further the creation of a Jewish state and was enacted by Israel’s unicameral parliament – the Knesset – in 1950, allowing for anyone of Jewish heritage to return to Israel as an oleh, meaning immigrant. Aliyah is immigration to Israel based on Israel’s Law of Return (1950). Non-Jews are also eligible to become citizens under naturalization procedures similar to those in other countries. Every Jew has the right to come to this country as an oleh**. (c) This section shall not derogate from a registration effected before its coming into force.". Share. (a) A Jew who has come to Israel and subsequent to his arrival has expressed his desire to settle in Israel may, while still in Israel, receive an oleh's certificate. With the establishment of a Palestinian state, Palestinians will be free to enact their own law of return to their own territory. The Arabs argue that the Law of Return is discriminatory in that it applies to one ethnic group and not to any other. Jewish Voice for Peace 30 June 2016 Nakba. This is one of the founding laws of the state of Israel which allows any Jew, child of a Jewish person, or grandchild of a Jewish person to immigrate to Israel and receive Israeli citizenship. Two amendments were later added on to the Law of Return – one passed August 23, 1954, and the other passed March 10, 1970. . However, converts who wish to marry in Israel must demonstrate that they were converted under the supervision of… This Law was passed by the Knesset on the 20th Tammuz, 5710 (5th July, 1950) and published in the Sefer Ha-Chukkim No. Indeed, the Zionist narrative, which was adopted by the State of Israel, and which was supported by UN decisions, views the State of Israel as the place in which the Jewish people realizes its right to self-determination . Was this document helpful? 3. The Israel's Law of Return gives every Jew the right to automatically acquire citizenship.4 min read. Indeed, the Law of Return was the infant state’s measured response to the British White Paper of 1939, which slammed the gates of Palestine and doomed the Jews of Europe . Other manifestations include: Related reading: What Does the Israeli Flag Really Represent? This couple was the first same-sex, different-religion married couple to request joint Aliyah status, although opposite-sex married couples of opposite religions receive joint Aliyah as a matter of course. YOSEF SERLIN Minister of Health Acting Minister of the Interior Directed by Don Michael Paul. The national calendar (Shabbat and Jewish holidays are statutory holidays). Since Israel’s founding, Jews of all stripes have immigrated to Israel. 5. In 1970, the last time the law was amended, the Knesset extended aliyah rights to people with one Jewish grandparent. It meant that whomever the Nazis called a Jew and sent to the death camps was to be offered refuge in the newly established state of Israel. Lernen Sie die Übersetzung für 'return israel law of' in LEOs Englisch ⇔ Deutsch Wörterbuch. Overhauling the conversion process in Israel. Every Jew has the right to come to this country as an oleh**. Jerusalem Day: Celebrating the Return to Israel’s…, Hamas Leadership Divided Over 'March of Return'. In this light, the Law of Return goes to the heart of Jewish self-determination and Israel as the Jewish homeland. 2. In contrast, Palestinian refugees are not afforded their own right to return to their land. MKs on all sides of the issue agree the law needs change, but there’s no consensus on how to do that. LGBT immigration to Israel and the Law of Return. This would change the Law of Entry and not the Law of Return. That amendment sparked tremendous controversy in the Jewish world, touching on many sensitive issues including: Related reading: Operation Moses: The Rescue of Ethiopian Jews. . They also argue that Palestinians who formerly lived in what is now the state of Israel — including Arabs who were born there — have no comparable immigration or citizenship rights. ** Translator's Note: Aliyah means immigration of Jews, and oleh (plural: olim) means a Jew immigrating, into Israel. HonestReporting monitors the news for bias, inaccuracy, or other breach of journalistic standards in coverage of the Arab-Israeli conflict. When David Ben-Gurion drafted this law in the shadow of the Holocaust, the definition of who is a Jew seemed self-evident. ** Aliyah means immigration of Jews, and oleh (plural: olim) means a Jew immigrating, into Israel. Many states (France, Ireland, Germany, Greece, China, Japan, the Philippines, to name but a few) have similar repatriation laws for their respective diasporas. One of the major goals of the Law of Return is to ensure a Jewish majority in Israel. Israel may annul the principle of return, but is not required to do so on these grounds. The growing number of non-Jews with Israeli citizenship carries serious demographic issues. 1. Law of Return (Amendment No. Converted to another religion (even if halacha would still consider them Jewish). Is Killing Iran’s Nuclear Scientists a War Crime? 4. He edited the Israel Daily News Stream and authored the e-book, Red Lines: HonestReporting’s 8 Categories of Media Bias. A description of the Law of Return would not be complete without mentioning the 1970 amendment, which accords the right to immigrate to Israel to non-Jews who are either children or grandchildren of a Jew, the spouse of a Jew or the spouse of a child or grandchild of a Jew (on condition that this person was not previously a Jew who had knowingly converted to another faith). 3. Tags: Laws and military frameworks Primary sources Right of Return. It also facilitates accurate reporting for foreign journalists covering the region. What Does the Israeli Flag Really Represent? Masha Yakerson, like many of her Jewish, college-age peers, attempted to sign up for a Birthright Israel1 trip in the summer of 2013.2 Birthright told Yakerson, whose family is from Russia, that to prove that she was Jewish, and eligible for the trip, she would need to take a DNA test.3 Birthright claimed that the test was required by the Israeli consulate, and further that a DNA test would be required if Yakerson ever wanted to make aliyah (immigrate to Israel).4 Yakerson's father called the policy ‘blatant racism toward … The short answer to these objections is that the Law of Return is not the only avenue to acquiring Israeli citizenship. Mit Flexionstabellen der verschiedenen Fälle und Zeiten Aussprache und … On 10 June 2011, the Law of Return was tested when a gay male couple, one Jewish and one Catholic, made Aliyah to Israel. 3. No need to spend hours finding a lawyer, post a job and get custom quotes from experienced lawyers instantly. In the Population Registry Law, 5725-1965, the following section shall be inserted after section 3:5725-1965. The Law of Return gives Jews, those of Jewish ancestry, and their spouses the right to migrate to and settle in Israel and gain citizenship. New immigrants from North America arrive in Israel on a 2016 Nefesh B'Nefesh "aliyah flight" (photo by Tomer Neuberg/Flash90) and the Exodus aliyah ship in Haifa harbor in 1947. (a) The rights of a Jew under this Law and the rights of an oleh under the Nationality Law, 5712-1952***, as well as the rights of an oleh under any other enactment, 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, except for a person who has been a Jew and has voluntarily changed his religion. Ronan, a fighter pilot and Israeli by Law of Return, is shot down and captured in Syria after a mission. Israel has no civil marriage or divorce. In section 5 of the Law of Return, 5710-1950, the following shall be added at the end: "Regulations for the purposes of sections 4A and 4B require the approval of the Constitution, Legislation and Juridical Committee of the Knesset.". Gavison notes that the 1965 International Convention on the Elimination of All Forms of Racial Discrimination — which often serves as a basis for claims that the Law of Return is illegal — provides exceptions that allow for it, citing Articles 1:3 and 1:4. On a deeper level, however, critics of the Law of Return really want to smear the legitimacy of Israel’s very existence as a Jewish state. Unanimously passed into law by the Knesset in 1950, this law is based on the Zionist philosophy establishing Israel as a Jewish state. This principle recognizes the right to self-determination of groups and even the notion of the “nation state”—a state in which the ethnic majority group realizes its right to self-determination. Unanimously passed into law by the Knesset in 1950, this law is based on the Zionist philosophy establishing Israel as a Jewish state. Israeli Law of Return: 1950. The Law of Return encourages Jews from all over the world to immigrate to Israel and receive Israeli citizenship. Indeed, Israel is the nation-state — the only nation-state — of the Jewish people. Some have even charged that Israel doesn’t want to resolve the related issue of “Who is a Jew” in order to bring more immigrants to counter-balance Palestinian demographics. 1. The Minister of Immigration is charged with the implementation of this Law and may make regulations as to any matter relating to such implementation and also as to the grant of oleh's visas and oleh's certificates to minors up to the age of 18 years. In the wake of the horror of the Holocaust, this law was meant to ensure the right of every Jew to find refuge and to build a new life in the Jewish homeland. Since 1970, the Knesset has not revisited the Law of Return. Whose interpretation of halacha should determine who is a Jew (recognizing Judaism’s Reform and Conservative streams). Media Ignore Israeli Lifeline to Palestinians During Pandemic (VIDEO), CNN, NYT Sympathize With Iranian ‘Scientist’ Who Wanted to Nuke Israel (VIDEO), Slain Iranian Scientist “Nearly Impossible to Replace;” Hezbollah Chief Reportedly in Hiding, The Forgotten Jewish Refugees From Arab Lands, Operation Moses: The Rescue of Ethiopian Jews, non-Jewish immigrants outnumbered Jewish immigrants. (c) The restrictions and conditions prescribed in respect of a Jew or an oleh by or under this Law or by the enactments referred to in subsection (a) shall also apply to a person who claims a right under subsection (a). For some, Aliyah is a religious imperative; for others, it is an act to feel belonging and enhancing self-identity. Yet, subsequent Israeli laws barred Palestinian refugees from returning to their homes in what is now Israel and the occupied Palestinian territories (Law of Return), sanctioned mass denationalization laws targeting Palestinian refugees (Nationality Law), and confiscated Palestinian private property and land-holdings (Absentee Property Law and Land Acquisition Law). (b) For the purposes of this Law and of any registration or document thereunder, "Jew" has the same meaning as in section 4B of the Law of Return, 5710-1950. The Israeli Law of Return provides every Jew with the right to become a citizen of Israel. This is because the State of Israel does in fact grant the Jews living in it unique advantages which are possible only in a place where the right to full state-level political self-determination is realized. Share it with your network! Pesach has a B.A. (a) Aliyah** shall be by oleh's visa. Interfaith couples tend to either get married in nearby Cyprus (because Israel recognizes marriages abroad) or simply live together without the formalities of marriage. The mass immigration of Jews from the FSU to Israel was seen as a welcome blessing, but many have experienced difficulties proving their Jewish identity. * Passed by the Knesset July 5th, 1950 Are fugitives of justice from another state (Israel can still extradite olim who are wanted abroad). By obfuscating the definition of a Jew, Israel can tip the demographic balance against the Palestinians, they say. Images: Mataroa via Wikimedia Commons; Knesset via Wikimedia Commons; French olim CC BY-NC-SA Tzipi Livni; Before you comment on this article, please note our Comments Policy. Any comments deemed to be in breach of the policy will be removed at the editor’s discretion. (a) A person shall not be registered as a Jew by ethnic affiliation or religion if a notification under this Law or another entry in the Registry or a public document indicates that he is not a Jew, so long as the said notification, entry or document has not been controverted to the satisfaction of the Chief Registration Officer or so long as declaratory judgment of a competent court or tribunal has not otherwise determined. When the Knesset passed the Law of Return, legislators didn’t bother defining who is a Jew. ** Translator's Note: Aliyah means immigration of Jews, and oleh (plural: olim) means a Jew immigrating, into Israel. (2) is likely to endanger public health or the security of the State. The Law of Return plays an important role by permitting members of the Jewish faith to receive Israeli citizenship. Law of Return (Amendment I: 5714-1954) Amendment of section 2(b) 1. Some Arabs have also argued that Israel has deliberately left vague the Who is a Jew question. With Amaury Nolasco, Devon Sawa, Jeff Pierre, Ben Cross. David Clayman explains why: The need for this legislation and the rationale behind it seemed simple and obvious. in political science from the University of Maryland-Baltimore County, where he was executive editor of the campus newspaper. (a) A Jew who has come to Israel and subsequent to his arrival has expressed his desire to settle in Israel may, while still i… Want High Quality, Transparent, and Affordable Legal Services? 3. Receiving Benefits Retroactively. Since Israel’s founding, Jews of … YOSEF SPRINZAK - Acting President of the State / Chairman of the Knesset. For brevity’s sake, readers are referred to Gavison’s fuller analysis (pages 45-48). The Law of Return | The Jewish Agency The Law of Return In 1950, Israel’s Knesset passed a remarkable law, beginning with a few simple words that defined Israel’s central purpose: “Every Jew has the right to immigrate to this country...” With the inception of the State of Israel, two thousand years of wandering were officially over. In 1950 Israel enacted the Law of Return. Israel's BDS 'Blacklist': What the Law Says, Israel Passes Contentious Nation-State Law, The Controversy Over Israel's Nation State Law, UPI Fails to Mention UN Schools’ Rampant Antisemitism, Electronic Intifada’s Jihad Against Former WaPo Israel Correspondent, Israel Appears Headed for Elections as Iran Digs in Nuclear Feet, LA Times Compares Slain Iranian Nuke Mastermind to Man Credited with Ending WWII. "Jewish ancestry" is recognized three generations back (to your grandparents) regardless of the sex of the Jewish grandparent. 4. Tweet. Groups whose Jewish origins are difficult or impossible to document such as the. These matters are administered by the rabbinate, and recognized sharia, ecclesiastical and Druze courts for their respective Muslim, Christian and Druze communities. HonestReporting is not aligned with any government or political party or movement. “American Reform and Conservative Jews, including Reform and Conservative converts, are considered Jews under the Law of Return,” a senior … Before moving to Israel in 1995, he worked as a reporter for the Baltimore Jewish Times. Read the full text of the law here. The Law of Return offsets the high Arab birth rate by enabling the naturalization of thousands of Jewish immigrants to Israel each year.However, critics argue that because the Law of Return favors Jews it is undemocratic and, according to a more extreme position, racist… Apply for Israeli citizenship according to section 4A of the Law of Return Family members of persons who entered Israel before 19 March 1970 and received a permanent residence permit can apply for Israeli citizenship, according to section 4A of the Law of Return. Today, over 20% of Israeli citizens are Arab, and this number could continue to rise. . 501(c)(3) nonprofit, EIN 06-1611859. Two amendments were later added on to the Law of Return - one passed August 23, 1954, and the other passed March 10, 1970. This argument was especially common in the 1990s during the mass aliyah of Jews from the former Soviet Union. Portugal naturalizes 23,000 applicants under Jewish law of return Since 2015 Lisbon has received some 76,000 applications after passing law granting citizenship to descendants of Sephardic Jews YITZCHAK BEN-ZVI President of the State, * Passed by the Knesset on August 23rd, 1954. 1. Are viewed as a threat to state’s security. Lawmakers admit they’re reluctant to revisit the Law of Return, afraid of reopening old wounds and whose outcome will please nobody. In the Law of Return, 5710-1950**, the following sections shall be inserted after section 4: 4A. The Law of Return is one manifestation of this. Although it represents a fundamental aspect of Israel as a Jewish state, the Law of Return has no special constitutional status. 51 of the 21st Tammuz, 5710 (5th July, 1950), p. 159. Related reading: The Forgotten Jewish Refugees From Arab Lands. Quality, Transparent, and the rabbis involved, 5710 ( 5th July, 1950,! Of a Jew would claim to be a Jew seemed self-evident: 4A although it a! 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