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Israel: Green Party for legalisation

 
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Ferre
Cannabis Sacrament Minister.
Cannabis Sacrament Minister.


Joined: 14 Apr 2003
Posts: 7138
Location: Amsterdam

PostPosted: Sat Feb 04, 2006 6:51 pm    Post subject: Israel: Green Party for legalisation Reply with quote

I received this email today from one of our members in Israel...

Quote:

hi,
my name is [Name edited out for privacy] and we met at the 2005 cannabis cup. i am working with the ultra- liberal ALE YAROK PARTY (Green Leaf) whose main agenda is legalizing of marijuana for personal, medicinal and commercial use. we are working with no budget and therefore asking for donations of not only money but of equipment and services. it is for this reason that i am writing to you to ask if you would put a banner (content to meet with your approval) in english asking people to send good thoughts, sending up their smoke to the new jerusalem. (since cash can only be recieved by the israeli voting public or israeli's abroad just spreading the work would be a great help. please pass this message on to whoever is in charge and please let me know your decision. the elections are at the end of march. thank you


www.Ale-Yarok.org.il




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Last edited by Ferre on Wed Feb 08, 2006 7:06 pm; edited 2 times in total
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Fyrefly1
Cannabis Sacrament Minister
Cannabis Sacrament Minister


Joined: 07 Sep 2004
Posts: 2209

PostPosted: Sat Feb 04, 2006 8:25 pm    Post subject: Reply with quote

Pretty cool site...
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"All truth passes through three stages: first it is ridiculed, second it is violently opposed, and third it is accepted as self-evident."
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RogerChristie
Cannabis Sacrament Minister.
Cannabis Sacrament Minister.


Joined: 16 Feb 2004
Posts: 1062
Location: Hilo, Kingdom of Hawai'i

PostPosted: Sat Feb 04, 2006 10:42 pm    Post subject: Cannabis sacrament is already 'legal' there Reply with quote

Hello friends of Cannabis in Israel,

Aloha. Thanks for your message to the THC Ministry. We're with you in spirit! Here's an idea for you to win Cannabis liberation with ... religious cultivation and use. Why? It's already "legal". See your Constitution and the following article for details.

No need to fight for legalization. Promote the spiritual use now and build credibility and respect from all sides.

By the way, holy anointing oil was 'invented' in your territory. Promote that sacrament made with kaneh bos and you will go further, in my opinion.

All the very best to you,

Roger


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Freedom of Religion in Israel

by Prof. Shimon Shetreet

Introduction

The question as to whether freedom of religion in all its aspects is adequately protected in any society can be answered by a careful examination of the relevant doctrines and practices of its legal system. There are significant sources for the protection of religious liberty in Israeli law. There have also been various efforts to incorporate religious norms or restrictions that reflect religious sources into the law of the land and an evaluation of these is part of any investigation of Israel's adherence to principles of freedom of conscience and religion.

It is proposed to examine freedom of religion from a number of aspects. In the opening sections, the report will analyze the scope of protection of religious liberty and the constitutional and legal norms which provide that protection. The paper will also discuss the relationship between religion and state in comparative perspectives. Special attention will be paid to the contribution of the Supreme Court to the protection of religious freedom. The latter part of the paper will discuss the state funding of religious institutions.



1. The Scope of Protection of Religious Liberty

The Palestine Mandate of 1922 contained a number of provisions ensuring freedom of religion and conscience and protection of holy places, as well as prohibiting discrimination on religious grounds. Further, the Palestine Order in Council of that same year provided that "all persons ... shall enjoy full liberty of conscience and the free exercise of their forms of worship, subject only to the maintenance of public order and morals." It also lays down that "no ordinance shall be promulgated which shall restrict complete freedom of conscience and the free exercise of all forms of worship."1 These provisions of the Mandate and of the Palestine Orders in Councils have been recognized in the Israeli legal system and are instructive of Israeli policy in safeguarding freedom of conscience and religion.

Israel's Declaration of Independence, promulgated at the termination of the British Mandate in 1948, is another legal source that guarantees freedom of religion and conscience, and equality of social and political rights irrespective of religion. Although the Declaration itself does not confer any legally enforceable rights, the High Court has held that "it provides a pattern of life for citizens of the State and requires every State authority to be guided by its principles."2

To support the fundamental existence of the right of freedom of conscience and religion, the courts have also relied on the fact that Israel is a democratic and enlightened state. In one significant court decision, Justice Moshe Landau stated:

"The freedom of conscience and worship is one of the individual's liberties assured in every enlightened democratic regime."3 In dealing with questions of religious freedom, as well as other human rights, the courts have also resorted to the Universal Declaration of Human Rights and the International Covenant on Political and Civil Rights that reflect "the basic principles of equality, freedom and justice which are the heritage of all modern enlightened states."4

In doing so, the courts have required that two conditions be met: that the principle in question is common to all enlightened countries, and that no contrary domestic law exists. In this regard, Justice Haim Cohn has said:

"It is decided law that rules of International law constitute part of the law prevailing in Israel insofar as they have been accepted by the majority of the nations of the world and are not inconsistent with any enactment of the Knesset (Parliament). The principles of freedom of religion are similar to the other rights of man, as these have been laid down in the Universal Declaration of Human Rights, 1948, and in the Covenant on Political and Civil Rights, 1965. These are now the heritage of all enlightened peoples, whether or not they are members of the United Nations Organization and whether or not they have as yet ratified them. . . for they have been drawn up by legal experts from all countries of the world and been prescribed by the [General] Assembly of the United Nations, in which by far the larger part of the nations of the world participates".5

Justice Landau also emphasized the right of freedom of conscience:

"Every person in Israel enjoys freedom of conscience, of belief, of religion, and of worship. This freedom is guaranteed to every person in every enlightened, democratic regime, and therefore it is guaranteed to every person in Israel. It is one of the fundamental principles upon which the State of Israel is based… This freedom is partly based on Article 83 of the Palestine Order in Council of 1922, and partly it is one of those fundamental rights that "are not written in the book" but derive directly from the nature of out state as a peace-loving, democratic state6'… On the basis of the rules – and in accordance with the Declaration of Independence – every law and every power will be interpreted as recognizing freedom of conscience, of belief, of religion, and of worship"7.

Israel's Supreme Court has not yet ruled squarely on the issue of the protection of religious liberty under the Basic Law: Human Dignity and Liberty. However, several decisions and other writings by some of the Justices indicate support for the view that the general right to human dignity protected by the Basic Law includes, inter alia, freedom of religion and conscience, which consequently has the status of a supreme, constitutional legal norm.8 Thus, for example, during the Gulf War, the Supreme Court ruled that when supplying gas masks, the government should endeavor to supply special masks for religious men who maintain beards out of religious conviction.

The Basic Law: Human Dignity and Liberty refers to a "Jewish and democratic State". However, Judaism has not been proclaimed the official religion of Israel. Rather, the law and practice in Israel regarding religious freedom may best be understood as a sort of hybrid between non-intervention in religious affairs, on the one hand, and the inter-involvement of religion and government in several forms on the other, most notably by legislation establishing the jurisdiction of religious courts of the different faiths in specified matters of "personal status" by government funding of authorities which provide religious services to several of the religious communities; and by a series of legal institutions and practices which apply Jewish religious norms to the Jewish population.

Israel protects the freedom of Jews and non-Jews alike to engage in their chosen form of religious practice or worship. Likewise, in most cases the application of religious precepts by institutions of the State, such as in the prohibition of work on religious days of rest, does not compel Jews or non-Jews to violate the precepts of their chosen faith. However, freedom of religion is not an absolute right, but rather is subject to limitations and derogation. Thus, freedom of religion must be balanced with other rights and interests, and may be restricted for reasons of public order and security. In practice, however, Israeli authorities have exercised their power with great caution.

Religious institutions in Israel enjoy wide state financial support, in the form of both direct funding and tax exemptions. Both forms of state support are not uniform with regard to the various religious communities. However, the lack of official recognition of religious communities does not affect the ability of these communities to practice their religion freely or to maintain communal institutions. Furthermore, in its endeavor to enhance freedom of religion, Israel has permitted its Muslim citizens, by arranging for them to bear Jordanian travel documents, to pass through countries that do not have relations vis-à-vis Israel, in order to fulfill their commandment of pilgrimage to Mecca. Similarly, leaders of some of the Christian communities in Israel are also leaders of Christian communities in Arab countries; Israel, for its part, consistently maintains a policy of not intervening therein, allowing visits by religious figures across the border to enable these communities to manage their affairs.

Many provisions of Israeli statutory law are devoted to the protection of holy places and sites that serve for prayers and, other religious purposes.9 It is an offense under penal law to cause damage to any place of worship or to any object sacred to ANY religion with the intention of affronting the religion of ANY class of persons. The Supreme Court has dealt very stringently with acts which offend religious sentiment.


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