Legal Status

The double definition of the state as both Jewish and democratic is problematic. Many theorists argue that these definitions are mutually exclusive, and point out that neither definition has been fully realized. For while Israel is defined as the Jewish state, the defining culture of Israel is secular, and the political and legal systems are largely independent of Jewish tradition. Judaism has come to play a symbolic role in Israel, expressed in the national holidays, in the flag and other national symbols, and in terms of demographics. At the same time, Israel cannot be understood as a complete democracy. Despite the electoral system of proportional representation, the Arab minority in Israel has never gained "full and equal citizenship", and a complete democracy requires equal rights for all of its citizens.

As Israel does not have a formal constitution, there is no legal guarantee for equality in civil rights. The most commonly quoted section of the Proclamation of Independence states that the State of Israel "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\\x{2026}\\x{201D} However, the Proclamation of Independence is not considered a constitutional document, so these elegant sentiments cannot be used as a legal instrument.

Although the authors of the Proclamation of Independence intended Israel to develop a formal constitution, the Provisional Government and the First Knesset were unable to complete this task. In lieu of a complete constitution, the Knesset started to draft and legislate a series of Basic Laws. The assumption has been that the Basic Laws, when completed, would serve as Israel's constitution.

Eleven Basic Laws exist today. The first nine cover the subjects of the Knesset, Israel Lands, the President, the State Economy, the Army, Jerusalem as the Capital of Israel, the Judiciary, the State Comptroller, and the Government. The most recent Basic Laws, covering Human Dignity and Freedom, and Freedom of Occupation, are the first Basic Laws to address the issues of human rights and equality. Although falling short of a full Bill of Rights, these laws have been recognized by the Supreme Court of Israel as taking precedence over other legislations. Further Basic Laws covering the subject of human rights, including a Basic Law on social rights, have been tabled annually due to opposition from the religious parties. To date, no Basic Law exists guaranteeing equality for all citizens without discrimination on the basis of religion or ethnicity.

The absence of constitutional equality for the Arab minority and the fundamental definition of the State as Jewish have permitted a system of structural and institutional discrimination against the Arab citizens of Israel. At least twenty Israeli laws discriminate against the Arab minority, either by excluding the Arab minority while providing specific rights to the Jewish population, according different rights to different sectors of the population, or by abridging the rights of the Arab minority. These discriminatory laws touch on all aspects of life, including laws restricting immigration and citizenship, several legislations expropriating land and restricting land use and ownership, quasi-governmental status given to solely Jewish bodies such as the Jewish Agency and the World Zionist Organization, laws designating Jewish symbols and national holidays (while ignoring Arab holidays and religious dates), as well as laws mandating separate and unequal educational and cultural systems.

When asked to explain these discriminatory laws, legislators tend to deny that any discrimination exists. A common response compares the living conditions of Arab citizens of Israel to the living conditions in neighboring countries, and insists that the Arab citizens of Israel should be grateful. Another response questions the loyalty of the Arab minority to the State, and states that second-class treatment is all that a potential fifth column should expect. Another common response uses the Arab citizens' exemption from army service as a justification for discrimination. All of these responses demonstrate the contradiction between the definition of the State as Jewish and as democratic. As long as the Jewish character of the State dominates over the need for democratic equality, the legal status of the Arab citizens will be not be secure. Contrary to popular belief, recognition of Palestinian Arabs as an Israeli minority and provision of full and equal citizenship would not threaten the Jewish right to self-determination, but may act to preserve it.

The Mossawa Center works alongside Arab-Jewish coalitions and Members of Knesset to advocate against the passing of discriminatory bills. Even when these coalitions are sometimes activated at short notice, they operate very effectively to ensure minority rights.