Case Number

HCJ 1113/99

Date Decided

4-18-2000

Decision Type

Original

Document Type

Full Opinion

Abstract

Facts: The primary question raised in the petition: was whether the Ministry of Religious Affairs was violating the principle of equality in its allocation of funds for the maintenance of cemeteries. Among other claims, the petitioners claimed in their petition that the relative proportion of the Arab communities in the budget of the Ministry of Religious Affairs does not reflect their relative proportion in the population.

Held: The Court held that the Ministry of Religious Affairs is to operate in allocation of funds in the Ministry of Religious Affair’s budget for cemeteries on the basis of the principle of equality, as detailed in the judgment. The Court ordered the Ministry of Religious Affairs to allocate the money in its budget for the year 2000, for cemeteries of members of the various religions, in an equal manner. However, the court decided that under the circumstances of the present case there was not a justification to order that money be paid from the budget of the Ministry of Religious Affairs for the purpose of maintenance of Arab cemeteries for the year in which the petition was filed (1999). The Ministry of Religious Affairs was ordered to pay the petitioner court expenses in the amount of 20,000 NIS.

Keywords

Constitutional Law -- Basic Law: Human Dignity and Liberty, Constitutional Law -- Equality Before the Law

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