La protection de la liberté religieuse des minorités en Israël

Abstract

How much importance is the freedom of religion given by the State of Israel? What, specifically, is the treatment which the legal system of the Jewish state metes out to religious, especially Moslem and Catholic, minorities? These are the central questions tackled in this article. Initially the meaning of religious freedom according to international charters is tackled. Then the focus shifts to the significance attributed to religious freedom by Israeli law, which sees it as a fundamental principle of the state of Israel. However effectively protecting this freedom also necessitates the protection of the minority groups to which individuals belong; especially when these minorities are not only religious minorities but also ethnic, linguistic or national minorities. The protection of the religious freedom of minorities in Israel becomes more problematic when certain specific, albeit fundamental, expressions of this freedom are at stake (examples include the right to adopt the religion of one's choice, the right to convert and the right to manifest one's religious affiliation). Through an analysis of those specific situations in which protecting the religious freedom of minorities creates conflicts with the religion of the majority, the prevailing tendency to favour the Jewish religion is documented. The author particularly denounces the ignorance of Islamic religious prescriptions displayed by Israeli court judgements. The article concludes with a detailed and historically informed analysis of the legal protection given to the Catholic minority.