Case Number

HCJ 953/01, HCJ 1355/01, HCJ 7406/01, HCJ 2283/02

Date Decided

6-14-2004

Decision Type

Original

Document Type

Full Opinion

Abstract

Facts: An enabling law of the Knesset empowers local authorities to enact bylaws that prohibit or restrict the sale of pig meat and meat products within the municipal boundaries. The respondent municipalities enacted such bylaws, which restricted or prohibited the sale of pig meat and meat products within their respective boundaries. The petitioners challenged these bylaws, arguing that they violated the freedom of occupation of the sellers of pig meat, and the liberty of the consumers to adopt whatever lifestyle they saw fit, without interference amounting to religious coercion.

Held: The purposes underlying the enabling law empower the local authorities to prohibit or restrict the sale of pig meat and meat products, provided that each local authority makes its decision in accordance with the proper criteria, namely a balancing of religious and national sensibilities of those persons who object to the sale of pig meat against the violation of the human rights of those persons who wish to sell or consume pig meat. This balancing must be made in view of the local character of the population in each neighbourhood. The Supreme Court returned the matter to the local authorities to reconsider their decisions on the basis of the criteria set out in the judgment, without expressing any opinion as to the propriety, or otherwise, of the specific bylaws that had been enacted.

Petitions denied.

Keywords

Constitutional Law -- Basic Law: Freedom of Occupation, Constitutional Law -- Freedom of Religion, Jewish Law -- Kosher food

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