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- *IMPORTANT NOTE: The Universal Declaration of Human Rights of 1948 not only declares that all human beings have all the rights described in the document universally, but also that all human beings have these rights equally - that it is not ok to give one group more of these rights or more access or protections of their rights than another group:
- Article 1. All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.
- Article 2. Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
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- I. LIMITING DEMOCRATIC RIGHTS & EQUALITY:
- 2. Giving influential positions in government only to Jewish organizations giving Israeli Jews special advantages in many industries and government functions over other groups (more details about this).
- Article 21.
- (1) Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.
- (2) Everyone has the right of equal access to public service in his country.
- (3) The will of the people shall be the basis of the authority of the government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.
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- 3. Inhibiting freedom of speech and freedom of association - Israel places some barriers to the full exercise of these rights (more details about this).
- Article 19. Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.
- Article 20.
- (1) Everyone has the right to freedom of peaceful assembly and association.
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- II. LEGALIZED DISCRIMINATION BASED ON RELIGION:
- 1. Discriminatory Land Laws (Discriminatory Policies in Land Leasing, Development & Management, & Confiscating Private Lands) (more details about this).
- Article 13.
- (1) Everyone has the right to freedom of movement and residence within the borders of each State.
- Article 17.
- (1) Everyone has the right to own property alone as well as in association with others.
- (2) No one shall be arbitrarily deprived of his property.
- Article 25.
- (1) Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing, and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age, or other lack of livelihood in circumstances beyond his control.
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- 2. Discrimination in Immigration & Citizenship - citizenship is automatic for Jews, more difficult for Arabs, and Arabs who left the area during the 1948 fighting are not allowed back in the country, and their property is confiscated and redistributed. ID papers are required of all citizens, and they identify the carrier's religion and ethnicity, which leads to discrimination. Then as per 2003 law, Arab spouses who were residing in the occupied territories are not allowed to join their families in Israel, to help Jews maintain demographic majority in the country (more details about this).
The Universal Declaration of Human Rights (1948) says on this matter:
- Article 7. All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.
- Article 13.
- (1) Everyone has the right to freedom of movement and residence within the borders of each State.
- (2) Everyone has the right to leave any country, including his own, and to return to his country.
- Article 15.
- (1) Everyone has the right to a nationality.
- (2) No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.
- Article 16.
- (3) The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.
- Article 17.
- (2) No one shall be arbitrarily deprived of his property.
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- 3. Veteran's Benefits - Military Service (or a non-military substitute) are not equally available to most Arabs, and thus service benefits are awarded in a discriminatory manner as a result (more details about this).
The Universal Declaration of Human Rights (1948) says about this matter:
- Article 21.
- (2) Everyone has the right of equal access to public service in his country.
- Article 29.
- (1) Everyone has duties to the community in which alone the free and full development of his personality is possible.
- (2) In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms and others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.
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- 4. Jewish Religious and Cultural Organizations & Events - Receive Preferential Treatment in Gov't Decision-Making and Budgetting vs. other groups (more details about this).
The Universal Declaration of Human Rights (1948) says about this matter:
- Article 27.
- (1) Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.
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- 5. Racist Harrassment in Daily Life Without Adequate Police Response and Protection (more details about this).
The Universal Declaration of Human Rights (1948) says about this matter:
- Article 3. Everyone has the right to life, liberty and security of person.
- Article 5. No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
- Article 6. Everyone has the right to recognition everywhere as a person before the law.
- Article 7. All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.
- Article 8. Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.
- Article 12. No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.
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- III. INHUMANE SUPPRESSION OF REBELLION:
- 2. Limited Judicial Protection from inhumane judgments or actions of the Israeli military or government (more details about this).
The Universal Declaration of Human Rights (1948) says about this matter:
- Article 7. All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.
- Article 8. Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.
- Article 10. Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.
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- 3. Legalizing Human Rights Violations as per for example the Defense (Emergency) Regulations (1945) borrowed from the British Mandate Government, used in Israel upto 1966, and in use in the Occupied Territories upto the present.
These regulations empower the area commander to arbitrarily, and often without trial or charges to violate the following list of human rights. But it is also important to note that the lack of due process itself is a violation of human rights law as described in the Universal Declaration of Human Rights:
- Article 6. Everyone has the right to recognition everywhere as a person before the law.
- Article 7. All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.
- Article 8. Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.
- Article 10. Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.
- Article 11.
- (1) Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.
- (2) No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.
- Article 12. No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.
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To read more about Israeli violations of human rights in general, goto this area of the Israeli Law Study Guide. To read more about Emergency Regulations, please visit the essay on Emergency Regulations.
Below is a list of some of the Human Rights violated in the Defense (Emergency) Regulations of 1945, with quotes from theUniversal Declaration of Human Rights verifying they are violations.
- Declare An Organization Unlawful, and thus cancel its activities, and criminalize its membership (more details about this).
- Article 18. Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.
- Article 19. Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.
- Article 20.
- (1) Everyone has the right to freedom of peaceful assembly and association.
- Article 23.
- (4) Everyone has the right to form and to join trade unions for the protection of his interests.
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- Censure Media, such as Newspaper, TV, etc. (more details about this).
- Article 19. Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.
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- Confine People To Their Homes or Area (more details about this).
- Article 13.
- (1) Everyone has the right to freedom of movement and residence within the borders of each State.
- (2) Everyone has the right to leave any country, including his own, and to return to his country.
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- Imprisonment Without Trial or Charges (more details about this).
- Article 9. No one shall be subjected to arbitrary arrest, detention or exile.
- Article 10. Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.
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- Deportation Without Trial or Charges (more details about this).
- Article 13.
- (1) Everyone has the right to freedom of movement and residence within the borders of each State.
- (2) Everyone has the right to leave any country, including his own, and to return to his country.
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- Home Or Property Demolition (more details about this).
- Article 17.
- (1) Everyone has the right to own property alone as well as in association with others.
- (2) No one shall be arbitrarily deprived of his property.
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- Area Closure - not allowing residents and their visitors in or out (more details about this).
- Article 13.
- (1) Everyone has the right to freedom of movement and residence within the borders of each State.
- (2) Everyone has the right to leave any country, including his own, and to return to his country.
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