Palestinians Married To Israelis Lose Court Battle For Residency
Guardian
May 15, 2006
Conal Urquhart in Tel Aviv
The Israeli high court upheld a law yesterday barring many Palestinians from living with their Israeli spouses in Israel. The president of the court, Aharon Barak, described the law as an infringement of human rights but was outvoted by six to five. The majority of judges agreed with the state prosecution, which argued that it was appropriate to limit human rights in order to enhance Israel's security.
The law states that only Palestinian women over the age of 25 and men over the age of 35 have the right to join their partners in Israel.
Since 1993, 22,000 Palestinians have applied to be united with their spouses in Israel but only 6,000 have been allowed.
Judge Mishael Cheshin, who voted to uphold the law, said it was impossible to grant the same rights to Palestinians as anyone else as long as the Israeli-Palestinian conflict continued. "The state of Israel is in a state of war against the Palestinian Authority and its terror organisations. During a time of war a state has the right to prevent the entry of enemy citizens into its territory, even if he is married to a citizen of our state," he said in his judgment.
Murad al Sana, an Israeli Arab lawyer, said he faced being separated from his Palestinian wife, Abir, and two children because of the ruling.
The courts issued an injunction against Abir al Sana's deportation but Mr Sana said it was not clear whether she would be able to stay in Israel.
"This is a very black day for the state of Israel and also a black day for my family and for the other families who are suffering like us," he told Israel Radio.
"The government is preventing people from conducting a normal family life just because of their nationality."
Guardian Unlimited © Guardian Newspapers Limited 2006
May 15, 2006
Conal Urquhart in Tel Aviv
The Israeli high court upheld a law yesterday barring many Palestinians from living with their Israeli spouses in Israel. The president of the court, Aharon Barak, described the law as an infringement of human rights but was outvoted by six to five. The majority of judges agreed with the state prosecution, which argued that it was appropriate to limit human rights in order to enhance Israel's security.
The law states that only Palestinian women over the age of 25 and men over the age of 35 have the right to join their partners in Israel.
Since 1993, 22,000 Palestinians have applied to be united with their spouses in Israel but only 6,000 have been allowed.
Judge Mishael Cheshin, who voted to uphold the law, said it was impossible to grant the same rights to Palestinians as anyone else as long as the Israeli-Palestinian conflict continued. "The state of Israel is in a state of war against the Palestinian Authority and its terror organisations. During a time of war a state has the right to prevent the entry of enemy citizens into its territory, even if he is married to a citizen of our state," he said in his judgment.
Murad al Sana, an Israeli Arab lawyer, said he faced being separated from his Palestinian wife, Abir, and two children because of the ruling.
The courts issued an injunction against Abir al Sana's deportation but Mr Sana said it was not clear whether she would be able to stay in Israel.
"This is a very black day for the state of Israel and also a black day for my family and for the other families who are suffering like us," he told Israel Radio.
"The government is preventing people from conducting a normal family life just because of their nationality."
Guardian Unlimited © Guardian Newspapers Limited 2006
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