Israel > Basic Law: Freedom of Occupation 1994

    { Adopted on: 9 March 1994 }
    { ICL Document Status: 9 March 1994 }


Section 1  Basic principles

Basic human rights in Israel are based on the recognition of the value of the human being, and the sanctity of his life and his freedom, and these will be respected in the spirit of the principles of the Declaration of Independence of the State of Israel (5718-1948).

Section 2  Purpose

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

Section 3  Freedom of occupation

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

Section 4  Violation of freedom

There shall be no violation of the freedom of occupation except by a law that accords with the values of the State of Israel, enacted for a proper purpose and to an extent no greater than required, or by such a law enacted with explicit authorization therein.

Section 5  Application

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

Section 6  Stability

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

Section 7  Entrenchment

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

Section 8  Validity of exceptional laws

The provisions of any law which are inconsistent with the freedom of occupation shall remain in effect, even if it does not conform with Section 4, if it is included in a law adopted by a majority of the Knesset with the explicit comment that it is valid despite the provisions of this Basic Law; such a law shall remain in effect for four years from the date of its commencement, unless an earlier date is fixed.

Section 9  Repeal

The Basic Law: Freedom of Occupation (5752 - 1992) is hereby repealed.

Section 10  Provisional measure

The provisions of any enactment in force prior to the commencement of this Basic Law or the Basic Law repealed in Section 9, [which are inconsistent with its provisions] shall remain in effect no longer than two years from the date of commencement of this Basic Law, unless repealed sooner; however, such provisions shall be construed in the spirit of the provisions of this Basic Law.

For methodology see: Comparing Constitutions and International Constitutional Law.
© 1994 - 27.6.2020 / For corrections please contact A. Tschentscher.