High Court Orders State to Justify Lack of Civil Cemetery in Jerusalem

The High Court of Justice in Israel has mandated that the state explain its failure to establish a state-funded civil cemetery for residents of Jerusalem and its surrounding areas, despite the enactment of the civil burial law three decades ago. This decision, issued on Monday, follows a hearing where Justices Alex Stein, Khaled Kabub, and Yechiel Kasher expressed skepticism about the state's inaction. The court's conditional order requires the Religious Services Ministry, the Finance Ministry, and the Jerusalem Jewish Burial Council to justify their conduct by July 1. The case was initiated by Menucha Nechona Jerusalem, alongside the Reform movement, Hiddush, the Masorti movement, and other private petitioners advocating for civil burial options.

The Jerusalem Post

Israel's civil burial law, passed in 1996, was designed to provide individuals seeking non-Orthodox burial options with a legal alternative. However, implementation has been inconsistent across the country, with Jerusalem emerging as a significant example of this failure. Petitioners argue that the lack of a civil cemetery forces families to either seek burial outside the capital or forgo their preferred options entirely.

The Jerusalem Post

In its preliminary response, the state acknowledged the absence of a civil burial site in Jerusalem but contended that the law does not impose an automatic obligation to finance and construct such a cemetery. The state cited high development costs at the designated Har HaMenuchot cemetery site, estimating the initial phase alone could cost millions of shekels. Furthermore, the state claimed that the lead petitioner, Menucha Nechona, had not fulfilled the necessary conditions for resource allocation and development.

The Jerusalem Post

The petitioners countered the state's claims, arguing that the situation reflects a systemic issue where only well-capitalized Orthodox burial organizations can effectively compete for resources. They emphasized that the legal right to civil burial is rendered meaningless without a practical mechanism for its realization. The petitioners also rejected the notion that an Orthodox burial society could provide a civil-burial section, asserting that this undermines the intent of the civil burial law.

The Jerusalem Post

The court's conditional order signals a potential shift in the state's obligations regarding civil burial rights. The judges highlighted the importance of ensuring that legal rights are accompanied by viable mechanisms for their implementation. As the case progresses, the state must address the court's concerns about its prolonged inaction and the practical implications for Jerusalem residents seeking non-Orthodox burial options.

The Jerusalem Post

• “The designated civil-burial plot was bound up with particularly costly collective development work at Har HaMenuchot, making it economically unrealistic for a nonprofit civil-burial body to carry the burden on its own.” — Petitioners' Response

The Jerusalem Post

• “The concern running through the hearing was that a legal right without a workable mechanism to realize it is no right at all.” — Justice Yechiel Kasher

The Jerusalem Post

This case continues to evolve, with the court's decision marking a critical juncture in the ongoing struggle for civil burial rights in Israel.

The Jerusalem Post