Hiddush battling for civil burial in Court

Today in court there was good news and bad news. On the one hand, the Justices of the Supreme Court that heard the petition praised Hiddush’s initiative, which prompted the Ministry of Religious Services to speed up its handling of the issue. On the other hand, the court considered the petition too broad and encouraged Hiddush to file separate and concrete petitions in relation to localities.

30/09/2021 22:58

Tags: Civil Burial · Supreme Court · Ministry of Religious Services

A cemetery in Jerusalem, source: Pxfuel.com

Today in court there was good news and bad news. Hiddush’s petition dealt with the state's long-standing failure to fulfill the obligation imposed on it by law some 25 years ago to establish civil cemeteries in all parts of the country. This was intended to uphold the public's right to alternative civil burial [secular or religious, non-Orthodox burial], in addition to Orthodox burial, which the state has provided since its inception. On the one hand, the Justices of the Supreme Court that heard the petition praised Hiddush’s initiative, which prompted the Ministry of Religious Services to speed up its handling of the issue, add hundreds of new civil burial plots across the country, and plan for thousands more in the coming years, since the petition was filed some two years ago.

On the other hand, the court considered the petition too broad and encouraged Hiddush to file separate and concrete petitions in relation to localities and instances where the State still does not provide options for civil burial, contrary to its legal duty. In the course of litigation it became evident to the Court [and the State admitted] that the State is unable, for example, to provide alternative civil burial in the Jerusalem area. And this is while the State has put a halt to civil burial that once took place in kibbutzim in the Jerusalem area, such as Kiryat Anavim, claiming that this activity is illegal and cannot be permitted.

Today, we have already begun the steps necessary for the imminent filing of a concrete petition in relation to civil burial in the Jerusalem area and the state's refusal to allow burial in the surrounding kibbutzim.

The State’s forecast, which, in Hiddush’s opinion, is too optimistic, is that in about a year and a half a civil burial section could be constructed in Jerusalem. Hiddush will therefore act on the judges' comments. Today, we have already begun the steps necessary for the imminent filing of a concrete petition in relation to civil burial in the Jerusalem area and the state's refusal to allow burial in the surrounding kibbutzim, even if only temporarily. In addition, this week Hiddush, launched a collaborative outreach initiative with a secular organization via social media, inviting the public to share with us obstacles they encounter in pursuing civil burial.

The failures of the Ministry of Religious Affairs in this area are clear, and even the State Comptroller has sharply criticized them in the past. Hiddush is committed to continuing to operate vigorously to help the public exercise this very fundamental democratic right, so as to ensure that the choices and views of people and their families during their lives will be respected at the time of their passing from the world.