BICOM

Israel’s High Court rejected yesterday a petition against the Citizenship Law, which prevents Palestinians married to Israeli Arabs from receiving Israeli citizenship or residency. Six judges voted to reject the petitions, while five voted to accept them.

The majority determined that there was indeed a constitutional right to family life, but this right did not have to be exercised in Israel.  “‎Human rights are not a recipe for national suicide,” ‎said president-designate Asher Dan Grunis. “‎If it becomes apparent in the future that those advocating the disqualification of the law were wrong in underestimating the danger, it will not be possible to turn back the wheel.”

The minority opinion determined that the constitutional right to family life did extend to Israel, and that there was an infraction of the constitutional right to family unification, mainly with regard to the Arab citizens of Israel, who constitutes the absolute majority of applicants for family unification. Supreme Court President Dorit Beinisch wrote, “the law should be canceled because it violates the right to equality.” 

The Citizenship and Entry into Israel Law was first passed as a temporary order in 2003, during the Second Intifada, and has since been extended several times. The law places restrictions on the automatic granting of Israeli citizenship and residency permits to spouses of Israeli citizens. 

The state has argued in the past that Palestinian terrorist organisations have not let up on their intentions to attacks within Israel, and could use this law to acquire residency.