A/HRC/10/76
Page 4
8.
Concerned about the challenges of balancing the rights of freedom of movement and
privacy with protection against terrorist attack, Israel is also pained at the denial of basic rights
such as notification of whereabouts and visits by the International Committee on the Red Cross
(ICRC) to missing Israeli soldiers, including Gilad Schalit, Ron Arad and the Sultan Yakoub
MIAs.
9.
The Deputy Attorney General of the Ministry of Justice cited the Declaration of
Independence re-establishing the State of Israel 60 years ago, according to which the new State
would be based on freedom, justice and peace as envisaged by the prophets of Israel; ensure
complete equality of social and political rights to all its inhabitants irrespective of religion, race
or sex; and guarantee freedom of religion, conscience, language, education and culture.
10.
Since its establishment, Israel has faced continuous security threats, including suicide
terrorism and indiscriminate armed attacks against civilians, a context requiring recognition that
many rights are not absolute. Competing rights are weighed up in the Knesset, the parliament of
Israel, and in its independent judiciary. The Supreme Court refers frequently to international law
and does not hesitate to rely on international norms in its rulings.
11.
Israel is proud of its social rights system. All Israeli residents are entitled to free primary
and secondary education and to public health insurance. Israel has a relatively well developed
social security system for its residents, assisting financially, inter alia, people with disabilities,
the aged and the unemployed. In recent years, Israel has made great progress with regard to gay
and lesbian rights, though the issue remains controversial.
12.
The principle of equality is a basic one in the legal system, although not formally
mentioned in the Basic Laws. This principle is an important tool in advancing the equality of
Arab citizens in Israel and the Government is aware of the difficulties they face.
13.
The delegation said Israel is aware of its shortcomings and the challenges that lie ahead
and would welcome constructive criticism.
14.
The Senior Deputy Legal Adviser of the Ministry of Foreign Affairs thanked those
delegations who submitted advance questions, and stated that Israel recognizes that, in many of
the issues it faces, especially those which require a balancing of rights, there are no right
answers, and the most effective way of navigating the dilemmas is to share experience and best
practices.
15.
On questions on the application of international humanitarian law rather than human
rights law, Israel indicated it would make every effort to share information, without prejudice to
its reservations about the applicability of this framework within the context of the review. On
questions touching on current bilateral negotiations with the Palestinians, both sides have agreed
to keep the contents confidential, but Israel would be as forthcoming as possible.
16.
The question asked by the United Kingdom of Great Britain and Northern Ireland about
independent human rights institutions led Israel to share information about a significant number
of independent monitoring and review bodies that play a crucial role in the protection of human
rights. On its question about the Government's engagement with civil society in preparing human
rights reports and in human rights monitoring, the delegation said Israel recognizes the value of
dialogue with civil society and engages in preparatory dialogue with relevant non-government
organizations for many of its treaty body reports. Regrettably, this was not possible during
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