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Human rights in Israel refers to the human rights record of Israel as evaluated by intergovernmental organizations, non-governmental organizations and human rights activists, often in the context of the Israeli-Palestinian conflict, the wider Arab-Israeli conflict and Israel internal politics. Israel is a multiparty parliamentary democracy. It was described in its Declaration of Independence as a "Jewish state"—the definition "Jewish and democratic state" was adopted in 1985. In addition to its Jewish majority, Israel is home to religious and ethnic minorities, some of whom report discrimination. In the Palestinian territories, successive Israeli governments have been subject to international criticism from other countries as well as international human rights groups. One of the Basic Laws of Israel, intended to form the basis of a future constitution, Basic Law: Human Dignity and Liberty, is a major tool for safeguarding human rights and civil liberties in the State of Israel. == History == The Council of the League of Nations adopted a resolution on 4 September 1931 regarding the general conditions required before the mandate regime could be brought to an end. The new government was to provide an oral or written declaration acknowledging acceptance of an obligation to constitutionally guarantee the equal rights of ethnic and religious minorities.〔Luther Harris Evans, "The General Principles Governing the Termination of a Mandate, The American Journal of International Law, Vol. 26, No. 4 (Oct., 1932), pp. 735–758, American Society of International Law〕 That resolution followed a longstanding precedent of international law in cases where the Great Powers had assisted in the restoration of sovereignty over a territory.〔Stephen D. Krasner, Sovereignty, Princeton University Press, 1999, ISBN 0-691-00711-X, page 92-93〕 The UN resolution on "The Future Government of Palestine" contained both a plan of partition and a Minority Protection Plan. 〔The UN Secretariat reported that the General Assembly established a formal minority rights protection system as an integral part of UN GAR 181(II), 29 November 1947; the 'Plan for the Future Government of Palestine'. Resolution 181(II) was adopted in the second session of the General Assembly. It was cataloged during a review of Minority Rights Treaties conducted in 1950: see Chapter III, A.1. of the UN Document (E/CN.4/367 ), 7 April 1950. UN GAR 181(II) is also listed in the Table of Treaties, on Page xxxviii, of Self-determination and National Minorities, Oxford Monographs in International Law, Thomas D. Musgrave, Oxford University Press, 1997, ISBN 0-19-829898-6.〕 It placed minority, women's, and religious rights under the protection of the United Nations and the International Court of Justice. The plan provided specific guarantees of fundamental human rights. The new states were to supply a declaration, which according to precedent was tantamount to a treaty. 〔See International Human Rights in Context, Henry J. Steiner, Philip Alston, Ryan Goodman, Oxford University Press US, 2008, ISBN 0-19-927942-X, page 100〕 The resolution stated that "the stipulations contained in the declarations are recognized as fundamental laws of State, and no law, regulation or official action shall conflict or interfere with these stipulations, nor shall any law, regulation or official action prevail over them." The resolution also required that the Constitution of each State embody the rights contained in the Declaration. During the hearings on Israel's application for membership in the United Nations, Abba Eban said that the rights stipulated in UN resolution 181(II) had been constitutionally embodied as the fundamental law of the state of Israel as required by the resolution. The instruments that he cited during the hearings were the Declaration of the Establishment of the State of Israel, and various cables and letters of confirmation addressed to the Secretary General.〔Henry Cattan, The Palestine Question, Saqi Books, 2000, ISBN 0-86356-932-3, pages 86–87〕〔Verbatim record, FIFTY-FIRST MEETING, HELD AT LAKE SUCCESS, NEW YORK, ON MONDAY, 9 May 1949 : AD HOC POLITICAL COMMITTEE, GENERAL ASSEMBLY, 3RD SESSION, A/AC.24/SR.51, 1 January 1949. See (A/818 ''Application of Israel for admission to membership in the United Nations (conclusion)'' ), p.346-〕 Eban's explanations and Israel's undertakings were noted in the text of General Assembly Resolution 273 (III) Admission of Israel to membership in the United Nations, 11 May 1949. The Declaration of the Establishment of the State of Israel proclaimed on 14 May 1948 that "the right of the Jewish people to national rebirth in its own country" ... "was recognized in the Balfour Declaration of 2 November 1917, and re-affirmed in the Mandate of the League of Nations which, in particular, gave international sanction to the historic connection between the Jewish people and "Eretz-Israel (of Israel ) and to the right of the Jewish people to rebuild its National Home." It also declared that the state "...will be open for Jewish immigration and for the Ingathering of the Exiles; it will foster the development of the country for the benefit of all its inhabitants; it will be based on freedom, justice and peace as envisaged by the prophets of Israel; it will ensure complete equality of social and political rights to all its inhabitants irrespective of religion, race or sex; it will guarantee freedom of religion, conscience, language, education and culture; it will safeguard the Holy Places of all religions; and it will be faithful to the principles of the Charter of the United Nations."〔wikiquote:Declaration of the Establishment of the State of Israel〕 Some British academics argue that Israel has not fulfilled its obligation to constitutionally protect minority rights.〔Guy S. Goodwin-Gill, and Stefan Talmon, eds., The Reality of International Law: Essays in Honour of Ian Brownlie (Oxford: Clarendon Press, 1999) page 108〕〔D.P. O'Connell author "The Law of State Succession", Volume V of the Cambridge Studies in International and Comparative Law, 1956, Hersh Lauterpacht editor, pages 10–11, and 178〕〔Yvonne Schmidt, "Foundations of Civil and Political Rights in Israel and the Occupied Territories", GRIN Verlag, 2008, ISBN 3-638-94450-6, page 98〕〔Mallison's testimony during the Senate hearings on "The Colonization Of The West Bank Territories By Israel", page 50 ()〕 In 1950 Israel was admitted to the United Nations in accordance with General Assembly resolution 273 (III) of 11 May 1949,〔Extract from the Yearbook of the International Law Commission: 1950, vol. II, Law of Treaties, UN Document: A/CN.4/19, page 21, paragraphs 21–23, ()〕 The Israeli Supreme Court has ruled that the Declaration of Independence is not a constitution and cannot be used to invalidate laws and regulations that contradict it.〔(【引用サイトリンク】url=https://www.knesset.gov.il/lexicon/eng/megilat_eng.htm )〕 Israeli Basic Law: Human Dignity and Liberty, states that fundamental human rights in Israel shall be upheld in the spirit of the principles set forth in the Declaration, but it specifically exempted legislation that was already in force. Israeli legal scholars say that the wording of the law was adopted to avoid the difficulty of giving priority to equality, which was not expressly entrenched. The result is that the principle of equality can be reversed by ordinary legislation, and furthermore will not override statutory or judge-made laws. The United Nations and its subsidiary organs say that Israel has a binding legal obligation that flows from resolution 181(II) and that the United Nations has a permanent responsibility in the matter.〔United Nations General Assembly resolution 57/107 of 3 December 2002〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Human rights in Israel」の詳細全文を読む スポンサード リンク
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