Basic Law: Freedom of Occupation (1994)

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BASIC LAW: FREEDOM OF OCCUPATION*

Basic principles.

1. Fundamental human rights in Israel are founded upon recognition of the value of the human being, the sanctity of human life, and the principle that all persons are free; these rights shall be upheld in the spirit of the principles set forth in the Declaration of the Establishment of the State of Israel.

Purpose.

2. The purpose of this Basic Law is to protect freedom of occupation, in order to establish in a Basic Law the values of the State of Israel as a Jewish and democratic state.

Freedom of
occupation.

3. Every Israel national or resident has the right to engage in any occupation, profession or trade

Violation of
freedom of
occupation.

4. There shall be no violation of freedom of occupation except by a law befitting the values of the State of Israel, enacted for a proper purpose, and to an extent no greater than is required, or by regulation enacted by virtue of express authorisation in such law.

Application.

5. All governmental authorities are bound to respect the freedom of occupation of all Israel nationals and residents.

Stability.

6. This Basic Law shall not be varied, suspended or made subject to conditions by emergency regulations.

Entrenchment.

7. This Basic Law shall not be varied except by a Basic Law passed by a majority of the members of the Knesset.

Effect of
nonconforming
law.

8. A provision of a law that violates freedom of occupation shall be of effect, even though not in accordance with section 4, if it has been included in a law passed by a majority of the members of the Knesset, which expressly states that it shall be of effect, notwithstanding the provisions of this Basic Law; such law shall expire four years from its commencement unless a shorter duration has been stated therein.

Repeal.

9. Basic Law: Freedom of Occupation** is is hereby repealed.

Provisional.

10. The provisions of any enactment which, immediately prior to this Basic Law would have been of effect but for this Basic Law or the Basic Law repealed in section 9, shall remain in effect two years from the commencement of this Basic Law, unless repealed earlier; however, such provisions shall be construed in the spirit of the provisions of this Basic Law.

Amendment of
Basic Law:
Human Dignity
and Liberty.

In Basic Law: Human Dignity and Liberty -

(1) Section 1 shall be designated 1(a) and shall be preceded by the following section:

"Basic principles.

(2) At the end of section 8, the following shall be added:

"or by regulation enacted by virtue of express authorization in such law."

	YITZCHAK RABIN Prime Minister
EFRAYIM KATZIR President of the State

* Passed by the Knesset on the 26th Adar, 5754 (9th March, 1994) and published in Sefer Ha-Chukkim No. 1454 of the 27th Adar, 5754 (10th March, 1994) p. 90; the Bill and an Explanatory Note were published in Hatza'ot Chok No. 2250 of 5754, p. 289.

** This Basic Law: Freedom of Occupation repeals and replaces the former Basic Law on Freedom of Occupation, enacted in 1992 (Sefer Ha-Chukkim of 5752, p. 114.) .

SOURCE: "The Israeli Government's Official Website", published by the Israel Ministry of Foreign Affairs, Jerusalem, Israel (copyrighted 1998). URL: http://www.mfa.gov.il/mfa/home.asp Goto "Map". Press "Basic Laws" link in the middle of the graphic image of the website map, and then press link to "Basic Law: Freedom of Occupation".