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HCJ 7052/03 - Adalah - The Legal Center for Arab Minority Rights in Israel et al. v. The Minister of Interior et al. Judgment
Judgment | 7052/03 | 14.5.2006
The HCJ with a majority of six justices versus five rejected the petitions filed against the Citizenship and Entry into Israel Law (Temporary Order). Justice Cheshin ruled that the Law did not infringe constitutional rights and if such an infringement did exist it was proportional. President Barak, in a minority opinion, ruled that the Law infringed on the constitutional rights to family life and equality. Barak ruled that the Israeli partner's right to actualize family life with his spouse in Israel was infringed as well as the right of the Israeli parent to live with his minor children in Israel.
The HCJ rejects petitions against the Law of Citizenship and Entry into Israel (Temporary Order): the law, one of the most condemnable Israel has ever passed, aims to prevent family unifications of Israeli citizens and residents with their spouses who are residents of the Occupied Palestinian Territories. This is a discriminatory act of legislation which denies a large section of the Israeli pu...
HaMoked petitions the HCJ to cancel the Citizenship and Entry into Israel Law inasmuch as it applies to the minor children of permanent residents of Israel, or alternatively to establish that any child one of whose parents is a permanent resident of Israel and the child lives with said parent in Israel will be eligible for permanent residency in Israel: HaMoked claims the Law must be cancelled ...
On 5 October 2008, the HCJ will hold a hearing in a series of petitions filed by HaMoked against the military's policy which prevents Palestinian residents of the Territories from conducting family life and living with their spouses and children in the Territories: HaMoked claims that the military's refusal to process family unification applications infringes on the right of residents of the Te... (02) 627 1698   (02) 627 6317

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