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Jerusalem, January 2004
On 31 July 2003, the Knesset enacted the
Nationality and Entry into Israel Law. The law forbids Israelis married to,
or who will marry in the future, residents of the Occupied Territories to
live in Israel with their spouses. Israelis married to foreign nationals who
are not residents of the Occupied Territories are still allowed to submit
requests for family unification on their behalf.
The new law also harms children born in the Occupied Territories to parents
who are residents of East Jerusalem. The Ministry of the Interior changed
its procedures regarding the registration of these children in the
Population Registry. Rather than filing a "Request to Register a Child," it
became necessary to submit a request for family unification for them. Under
the new law, such requests are not allowed. As a result, it is impossible to
legalise the children's status in Israel.
The law severely infringes the right to family life of Palestinian residents
of East Jerusalem. Some residents of East Jerusalem married to residents of
the Occupied Territories will now have to live separately from their
spouses. Couples that want to live together in Israel, will be breaking the
law, and as such will live in constant fear and be unable to lead a normal
life. If couples choose to live together in the Occupied Territories, the
Israeli spouse will be breaking the law because of the military order that
prohibits the entry of Israelis into the Occupied Territories.
The report was jointly published by B'Tselem, the Israeli Information Centre
for Human Rights in the Occupied Territories and HaMoked; the Centre for the
Defence of the Individual.
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