Case Number
HCJ 366/03
Date Decided
12-12-2005
Decision Type
Original
Document Type
Full Opinion
Abstract
Facts: The government decided to reduce the amount of income supplement benefit paid to individuals and families, and to cancel several subsidies given to persons receiving income supplement benefit. The reduction in the amount of income supplement benefit and the cancellation of the subsidies were incorporated into the Income Supplement Law by means of the State Economy Arrangements (Legislative Amendments for Achieving the Budget Goals and the Economic Policy for the 2003 Fiscal Year) Law, 5763-2002.
The petitioners attacked the reduction in the benefit and the cancellation of the subsidies, on the ground that they violated the human right to live with dignity included in the right to dignity in the Basic Law: Human Dignity and Liberty. The petitioners claimed that the reduced amount of the benefit did not allow its recipients to live with dignity, since it fell below the minimum required to allow the recipient to pay for his subsistence requirements.
Held: (Majority opinion — President Barak, Vice-President Cheshin and Justices Beinisch, Rivlin, Procaccia and Grunis) The petitioners did not prove a proper factual basis for their claim that the reduction in the income supplement benefit violated their human right to live with dignity. Therefore the petitions should be denied.
(Minority opinion — Justice Levy) The petitioners succeeded in discharging the initial burden of proof showing that their right to live with dignity had been violated. Therefore the burden passed to the state to show that the violation was constitutional. The respondents failed in this regard, because it was clear (even from the respondents’ own submissions) that they had not taken into account the human right of the recipients of income supplement benefit to live with dignity when making the changes to the Income Supplement Law. Consequently, the reduction in the amount of the benefit and the cancellation of the subsidies should be declared void.
Keywords
Constitutional Law -- Basic Law: Human Dignity and Liberty, Constitutional Law -- Judicial Review
Recommended Citation
Barak, Aharon; Rivlin, Eliezer; Procaccia, Ayala; Beinisch, Dorit; Grunis, Asher; Levy, Edmond E.; and Cheshin, Mishael, "Commitment to Peace and Social Justice Society v. Minister of Finance" (2005). Translated Opinions. 113.
https://larc.cardozo.yu.edu/iscp-opinions/113
