"Nakba Law" - Amendment No. 40 to the Budgets Foundations Law

Civil and Political Rights
The “Nakba Law” authorizes the Finance Minister to reduce state funding or support to an institution if it holds an activity that rejects the existence of Israel as a “Jewish and democratic state” or commemorates “Israel’s Independence Day or the day on which the state was established as a day of mourning.”

Palestinians traditionally mark Israel’s official Independence Day as a national day of mourning and organize commemorative events. The law violates their rights, and restricts their freedom to express their opinion, and will cause substantial harm to cultural and educational institutions and further entrench discrimination. The law causes major harm to the principle of equality and the rights of Arab citizens to preserve their history and culture. The law deprives Arab citizens of their right to commemorate the Nabka, an integral part of their history.

On 4 May 2011, Adalah, ACRI, the parents of school children and school alumni filed a petition against the law to the Supreme Court, requesting that it find the Nakba Law unconstitutional. The Supreme Court rejected the petition in January 2012, ruling that the case was premature as the law had not been used against any specific institution.

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