Legal framework on freedom of religion and actual application
Since its independence in 1948, Israel has defined itself as a Jewish and democratic state. Jews around the world who meet certain criteria are entitled to become citizens of the state. In 1967, Israel conquered East Jerusalem, the West Bank, Gaza and the Golan Heights. To the present day, these territories are disputed and the United Nations General Assembly, the UN Security Council, and the International Court of Justice consider them to be under occupation, and Israel’s settlements are accordingly deemed illegal.
Sunni Arab Palestinians are the biggest non-Jewish group in the country. Most Israeli Christians are also Palestinian Arabs. Both groups hold Israeli citizenship. Most Christians belong to the Melkite Greek Catholic and Roman Catholic Churches, followed by the Greek Orthodox Church. Other minorities include the Druze community. In 1957, the Druze were designated as a distinct ethnic community by the Government of Israel.
Israel has no formal constitution, so it is necessary to refer to the 1948 Declaration of Independence for the provisions relating to religious freedom. According to that Declaration, “the State of Israel will […] uphold the full social and political equality of all its citizens without distinction of race, creed, or sex; will guarantee full freedom of conscience, worship, education, and culture; will safeguard the sanctity and inviolability of shrines and Holy Places of all religions; and will dedicate itself to the principles of the Charter of the United Nations.”
The Supreme Court of Israel ruled that the Basic Law on Human Dignity and Liberty is the foundation of fundamental freedoms such as religion.
In July 2018, the Parliament of Israel, the Knesset, passed a law titled the “Basic Law: Israel as the Nation-State of the Jewish People”, which proclaimed: “The Land of Israel is the historical homeland of the Jewish people, in which the State of Israel was established.” Thus, “The State of Israel is the nation-state of the Jewish People, in which it realizes its natural, cultural, religious and historical right to self-determination. […] The exercise of the right to national self-determination in the State of Israel is unique to the Jewish People.”
The Assembly of the Catholic Ordinaries of the Holy Land (ACOHL) heavily criticised the law. In a statement released in November 2018, they said: “We, as the religious leaders of the Catholic Churches, call on the authorities to rescind this Basic Law and assure one and all that the State of Israel seeks to promote and protect the welfare and the safety of all its citizens.” In July 2021, the Supreme Court of Israel rejected petitions against the Jewish Nation-State Basic Law.
Despite the special status for Jews in Israel, Judaism is not the official religion of the state. State institutions are secular and function according to the model of western democracies. Nonetheless, provisions specific to Judaism predominate in social practices, such as the observance of the Sabbath, kosher food, etc. These can create tensions between observant and non-religious Jews.
Non-Jewish citizens have in theory the same civil rights and obligations as Jewish citizens; they can, for example, vote in elections, join political parties, and be elected to the Knesset. Still, their role is insignificant in political life and, with certain exceptions – notably the Druze – they are not drafted into the Israel Defence Forces (IDF). Effectively, this denies Arab Israelis the various benefits that come with military service.
Conversions from one religion to another are legal but face considerable negative social pressure. Proselytising is legal for all religious groups. However, section 174A of the Israeli Penal Code prohibits offering material benefits as an inducement to conversion, and accepting it. According to sections 368 (a) and (b) of the Penal Code, it is also illegal to convert a person under 18 unless one parent is a member of the religious group seeking to convert the minor.
Matters relating to personal status are governed by the recognised religious communities to which a citizen belongs. There is no civil marriage, though such marriages performed abroad are recognised.
Incidents and developments
2021
In May, Israeli police stormed Al-Aqsa Mosque after clashes with Palestinians. More than 300 people suffered injuries. Also in May, the Latin Patriarchate in a statement said that the violence used to prevent Palestinian Muslims from reaching the Al-Aqsa Mosque in Jerusalem “undermines their security and their right to have access to the Holy Places and to pray freely”.
In May, Catholic Bishop Giacinto-Boulos Marcuzzo, Patriarchal Vicar of the Latin Patriarchate of Jerusalem for Palestine and the Holy City, criticised the Israeli aerial bombardments of Gaza as they damaged Christian infrastructure. The Israeli raids took place after the launching of missiles by Islamist groups towards the territory of Israel. Earlier Hamas had given Israel an ultimatum to remove its forces from the Temple Mount after clashes with Palestinians. During the raids on Gaza, Christian houses as well as the convent and the nursery school of the Missionary Sisters of the Holy Rosary were damaged. The conflict which killed more than 250 people, mostly in Gaza, ended with a ceasefire.
In May, in several cities tensions between Jewish and Arab residents turned violent. In Lod, Israeli Arabs perpetrated five arson attacks against four synagogues. There were reports about a Muslim cemetery being set ablaze by a Jewish revenge attack.
In July, a comment by Israeli Prime Minister Naftali Bennett about “maintaining freedom of worship for Jews” at the Temple Mount was criticised. Israeli Arab Regional Cooperation Minister Issawi Frej said that “the slow-moving fracturing of the status quo at the Al-Aqsa compound doesn’t contribute anything besides instability in the region and coalition”.
In August, an outdoor cross was stolen from the Church of the Multiplication of Loaves and Fishes in Tabgha. A representative of the organization running the area called the theft an anti-Christian act. According to the representative, removing the cross required strong physical force and must have therefore been a deliberate act.
In September, a 69-year-old Israeli was sentenced to three years in prison and a fine for carrying out a series of arson bombings of Rabbinical courts. He was motivated by his desire to see a complete separation of religion and state in Israel.
In September, Rabbis protested against the designation of the Jewish Lehava group as a terrorist organisation. According to the religious leaders, the organisation, which works to stifle intermarriage of Jews and non-Jews and LGBT rights, “must be allowed to continue its important activities”.
In September, a Muslim man was charged with murder for killing his mother for converting from Islam to Orthodox Christianity.
In October, the Jerusalem District Court retracted a lower court’s permit for "silent prayers" for Jews in the courtyards of Al-Aqsa Mosque. The appeal was filed by the Israeli Police.
In October, the Catholic Church criticised the Israeli police for blocking a Palestinian cultural festival organised in the House of Abraham, a Catholic pilgrim institution in Jerusalem. The heads of the Catholic Churches expressed their deep concern over the forcible interruption. Israeli police stated that the event was illegal.
In October, Israel started demolishing the Muslim Yusufiya cemetery near the Al-Aqsa Mosque to include the area into a biblical park.
In October, Israeli Interior Minister Ayelet Shaked announced that Mughar will receive city status, thus becoming Israel's first Druze city.
In November, a bill was proposed to the Parliament of Israel by parties of the opposition to officially recognise the systematic massacres of Armenians perpetrated in 1914–1916 as genocide.
In November, a Hamas gunman shot dead an Israeli tour guide and wounded four others near the entrance to Haram al Sharif in Jerusalem. Israeli police shot the assailant dead. Hamas later called the attack heroic.
In December, according to a press report, Christian organizations in Israel protested the decision of the Israeli Ministry of the Interior to exempt only Jewish visitors to Israel from the Covid-19 restrictions in place for foreign nationals.
In December, a Palestinian stabbed and wounded an Ultra-Orthodox Jew in Jerusalem and was shot dead by the police. Later that month, a Palestinian attempted to stab two Ultra-Orthodox Jews in Jerusalem. The man was arrested, and no injuries were reported.
In December, the Israeli Foreign Ministry dismissed accusations made by the heads of churches against Israel as baseless and distorting the reality of the Christian community in Israel. The Ministry reacted to a statement of Christian leaders that highlighted the "innumerable attacks" suffered by churches, monasteries and representatives of the clergy by "radical groups". In their appeal, the Heads of Churches also asked for the creation of a "safeguard area" for the Christian quarter of Jerusalem. During a reception for the Heads of Churches, Israeli President Isaac Herzog rejected all forms of racism, discrimination, and extremism.
In December 2021, the Israel Central Bureau of Statistics (ICBS) published data that the number of Christians in Israel had slightly increased while the percentage of Christians had decreased. According to the ICBS, 182,000 Christians currently live in Israel, which corresponds to 1.9 percent of the total population.
2022
In February, the Embassy of Israel to the Holy See said that the status of the Mount of Olives in Jerusalem would not be changed without consulting the Churches. Previously, the plan to include the Christian Holy Sites on the Mount of Olives in a nature reserve extending to the Valley of Hinnom had sparked controversy. In a letter to the Israeli Prime Minister, the Jerusalem Head of Churches asked for the project to be stopped. “The only obvious aim seems to be to nationalise one of Christianity's holiest sites and transform its character,” the letter reads.
In March, the heads of Churches in the Holy Land expressed their solidarity with the Greek Orthodox Church. They condemned the taking over of parts of a disputed building in Jerusalem by the Jewish organisation Ateret Cohanim. The Greek Orthodox Patriarchate and Ateret Cohanim have been in a legal dispute over the ownership of the building for years.
In May, a Jewish shrine near Kfar Saba believed to be the burial place of Benjamin, son of the biblical patriarch Jacob, was damaged by a fire according to police.In June, the Supreme Court of Israel definitively rejected the appeal of the Greek Orthodox Patriarchate on the properties acquired by Ateret Cohanim.
In April, Israel granted 722 Palestinian Christians living in the Gaza Strip permits to celebrate Easter in Jerusalem. The Catholic Church in Gaza expressed its appreciation for the relatively high number of passes.
In April, the Greek Orthodox Patriarchate of Jerusalem said that Israeli police limiting the numbers of worshippers for the Easter fire ceremony in the Holy Sepulchre Church an “infringement to the right to freedom of worship”. The Greek Orthodox Patriarchate petitioned the Supreme Court of Israel to overrule the police decision, offering a compromise solution that would allow 4,000 believers to attend the ceremony inside and outside the church, police told AFP. The police justified the restrictions with security concerns.
In April, Israel said it was maintaining the status quo at the compound of Al-Aqsa Mosque in Jerusalem which includes the freedom of prayer for Muslims and the right to visit for non-Muslims. A spokesman said that the police were enforcing the ban on Jewish prayer, thus rejecting an Arab League accusation that it was allowing such worship to take place.
In May, Israeli security forces entered the Haram al Sharif–Temple Mount compound in Jerusalem to disperse Palestinian protesters. According to the police, they had to engage after stones were being thrown at the security forces. Palestinian witnesses claimed otherwise saying that there was no stone throwing initially. The scuffles started after Jewish visits to the site resumed after being paused during the last 10 days of the Muslim holy month of Ramadan and the Eid al-Fitr holiday. During the preceding weeks, several clashes broke out between police and worshippers on the compound.
In May, the heads of Churches of the Holy Land condemned the Israeli police intervention during the funeral procession of Palestinian Christian Journalist Shireen Abu Akleh as a "serious violation of international norms and regulations, including the fundamental human right of freedom of religion, which must also be observed in a public space". The journalist was shot earlier during a raid by the Israeli army on a refugee camp. Palestinians accused Israel of her death. Later, the Israeli army admitted that Abu Akleh was likely accidentally killed by Israeli fire. It also said that it wouldn’t pursue charges against the involved soldiers.
In June, according to the Greek Orthodox Patriarchate of Jerusalem, Israeli extremists broke into the Chapel of Pentecost on Mount Zion in Jerusalem. “Approximately fifty Israelis broke into the gate and barriers and trespassed on the chapel on the hill of Zion” a statement of the Patriarchate read. The Greek Foreign Ministry asked for appropriate action from Israel.
In June, Christian leaders of the Holy Land expressed their expectations with regard to US President Joe Biden’s visit to Israel. "We hope that President Biden's visit," remarked Greek Orthodox Patriarch Theophilos, "will encourage the search for solutions to the emergencies facing Palestinians, Christians and Muslims, including violations against churches and monasteries perpetrated by extremist groups, in the silence of the official Israeli authorities".
In June, the Al-Resalah newspaper reported that unidentified vandals set fire to the Islamic Bab Al-Rahma cemetery on the eastern side of Al-Aqsa Mosque in Jerusalem .
In June, Ultra-Orthodox Jews disrupted a progressive Jewish celebration at the non-gender segregated prayer space near Jerusalem’s Western Wall. According to reports, they cursed the worshipers, calling them “Nazis”, “Christians” and “animals”.
In July, Israeli Prime Minister Yair Lapid said, “Israel is the only Western country in which Jews don’t have freedom of worship”. He referred to the interruption of ceremonies of Jewish reformist groups at the Western Wall’s egalitarian plaza in Jerusalem by Ultra-Orthodox Jews.
In August, Israel bombarded Gaza to destroy the infrastructure of Palestinian Islamic Jihad militants. The Iran-backed group launched rockets against Israel in response. At least 44 Palestinians died before a ceasefire ended the conflict.
In August, a record number of almost 2,200 Jews visited the Temple Mount compound on the Jewish holiday Tisha B’Av, a day of fasting that marks the destruction of the two Jerusalem temples. Police prevented outbursts of violence.
In September, records were published indicating that over the last year, Jews visited the Temple Mount more than 50,000 times. According to the report, this is the highest number since Israel gained control of the area in 1967 and nearly twice as many as the year before.
In October, Israeli police dismantled an Islamic State cell that allegedly planned, amongst other targets, an attack on a Muslim school in Nazareth that according to the suspects, “operates in the way of the infidels’”. The terrorist organisation took responsibility for two deadly attacks in March 2022 when, in Hadera, two Border Police officers were killed and 12 injured. Earlier, an Israeli Bedouin, who had been arrested for supporting the Islamic State, stabbed to death four Israelis in Beersheba.
Prospects for religious freedom
During the period under review, tensions between Israel’s Jewish and non-Jewish citizens increased. In May 2021, civil war like scenarios broke out in several Israeli cities. Given Israel’s Jewish majority and character and its unresolved political conflict with the mostly Muslim Palestinians, it is often hard to know whether tensions are rooted in religious or political factors.
Nevertheless, religious extremist groups like Islamist Hamas, and Jewish national-religious groups appear to show little interest in a peaceful and just solution to the territorial conflict between Israelis and Palestinians. Extremists, encouraged by the political impasse, resort to violent means as the attacks on Israel by groups like Hamas and Islamic Jihad reveal. Also, Islamic terrorism continues to target Israeli citizens within Israel.
For their part, Jewish radicals are trying to change the status quo on the Temple Mount or Haram al-Sharif (Noble Sanctuary) in Jerusalem. In such an extremely sensitive area, this is a worrying development.
During the period under review, Christian leaders appealed in an unprecedented manner for just solutions and peace and complained about attacks on the Christian community, especially in Jerusalem by Jewish radicals, that often go unpunished by Israeli authorities.
The concern to these societal developments is a weakening in the strength and value of Israel’s democratic state of law. While the state’s basic laws still guarantee full religious freedom for all its citizens, a sometimes violent intolerance on the fringes of Jewish society makes it harder for religious minorities to exercise their rights. Prospects are therefore negative.
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