Case Number
HCJ 1890/03
Date Decided
2-3-2005
Decision Type
Original
Document Type
Full Opinion
Abstract
Facts: The site known as Rachel’s tomb, which is situated in the outskirts of Bethlehem, is believed to be the tomb of the Biblical Matriarch Rachel and is a holy site to Jews. It is the third holiest site in Jewish tradition, after the Temple Mount and the Machpela Cave.
Because of the persistent terror attacks by Palestinians on Jewish targets since September 2000, and following the discovery of a terror cell that intended to attack a bus of worshippers on their way to the tomb, the respondent made an order to requisition land for the purpose of paving a bypass road that would allow Jewish worshippers to travel safely to Rachel’s tomb. The order was amended twice, but the petitioners still argued that the order violated their freedom of movement and property rights.
Held: The respondent has a duty to ensure the realization of the right of freedom of worship by protecting the safety and lives of the worshippers on their way to and from Rachel’s tomb. In choosing the measures for realizing this purpose, the respondent must take into account the basic rights of the petitioners, including their property rights and freedom of movement, and he must strike a proper balance between the conflicting rights. In this case, the solution adopted by the respondent did indeed ensure the realization of the worshippers’ freedom of worship without violating the essence of the petitioners’ freedom of movement and property rights. Therefore no intervention of the court was warranted.
Keywords
Constitutional Law -- Freedom of Movement, Constitutional Law -- Freedom of Religion, Constitutional Law -- Property Rights
Recommended Citation
Beinisch, Dorit; Rivlin, Eliezer; and Hayut, Esther, "Bethlehem Municipality v. Ministry of Defense" (2005). Translated Opinions. 96.
https://larc.cardozo.yu.edu/iscp-opinions/96
