“Hametz Law” - The Patient's Rights Act (Amendment No. 13) 2023

This law grants hospital directors complete authority and discretion to ban the entry of leavened food (“hametz”) into hospitals in Israel during the seven-day Jewish holiday of Passover, re-enacting a policy that was previously held to be unconstitutional by the Israeli Supreme Court in 2020. The law blatantly discriminates against non-Jewish patients, employees, and visitors who are compelled to adhere to Jewish religious law in a public space in which they are seeking medical care, visiting patients, or working.The law constitutes a form of religious coercion and directly violates fundamental rights, including the rights to dignity, personal autonomy, and freedom from religion. Such coercion runs counter to the principles enshrined in Israeli law, as affirmed by the Israeli Supreme Court and various international instruments protecting human rights.

Main provision:

Following Section 9 of the Patient's Rights Law, 1996, the following shall be added:

“Prohibition or restriction of bringing leavened food (“hametz”) into the hospital for the purpose of preserving kosher standards for Passover”

9a. A hospital director is authorized to determine instructions regarding the prohibition or restriction of bringing leavened bread into the hospital building, in its entirety or in part, as required for the observation of Passover kosher standards for hospitalized patients ([hereinafter] - instructions regarding the prohibition or restriction of the entry of leavened bread); said instructions will be determined after the hospital director considers alternative options and considering the rights and needs of the patients, including their medical needs, and he is allowed to take into consideration, among other things, the needs of accompanying individuals and the hospital’s staff.

Context:

Prior to 2020, there was a widespread policy of hospital administrations prohibiting leavened bread in their hospitals during the Jewish holiday of Passover, since leavened bread is not considered kosher, or permitted by Jewish religious law, during Passover. In 2020, following a petition filed by Adalah, the Supreme Court declared this policy illegal, ruling that hospitals lacked the authority to enforce kosher rules and restrictions on individuals. Under the aforementioned policy, individuals could be compelled to undergo rigorous searches upon entering hospitals, during which any leavened bread products discovered were either confiscated or destroyed. In a number of past cases, individuals who refused to hand over their food to security guards were denied entry to hospitals.

The Hametz Law codifies that unconstitutional practice. When the legislation was put forward for discussion in the Knesset plenum in 2023, Knesset Members made clear that the intention behind the law was to override the Supreme Court’s judgment and reinstate the “status quo ante” that allowed hospitals to ban leavened foods on their premises.

Why is it discriminatory?

The law constitutes a clear instance of religious coercion and discrimination on the basis of religion or belief against people who are not practicing Jews. The law grants hospital directors complete discretion in setting restrictions concerning leavened food on hospital premises during Passover, including the authority to prohibit leavened foods altogether. The prohibition on leavened food in hospitals constitutes an infringement of fundamental rights, including the rights to dignity, personal autonomy, and freedom from religion.

The law stands in direct contravention of Israeli constitutional law and Supreme Court precedent, as well as numerous international human rights law instruments, including Article 18 of the Universal Declaration of Human Rights and Article 18 of the International Covenant on Civil and Political Rights, which protect individuals from religious coercion. Moreover, the law discrimination against individuals who do not follow the prescribed practices of Judaism. This law particularly affects Palestinian citizens of Israel, who are mainly Muslims, Christians, and Druze.

Moreover, the implementation of this law and the policy that preceded it exacerbates the vulnerability of Palestinian patients, and Palestinians visiting their hospitalized family within these public spaces. These individuals are essentially left with no alternative but to comply, given their reliance on the hospital for medical services for their well-being, health, and physical integrity.

The law also discriminates against hospital employees, including Palestinian employees, who are also forced to comply with Jewish religious standards. This discriminatory treatment hampers their ability to fully exercise their rights within the workplace.

Legal challenges to law:

On 14 March 2023, Adalah issued a letter (see below, Additional Documents) objecting to the proposed amendment shortly after it passed an initial reading in the Knesset. Adalah argued that the law would unjustly infringe the rights of patients, including their rights to dignity and freedom from religion.

In February 2018, Adalah filed a petition to the Israeli Supreme Court against the Health Ministry’s policy banning the bringing of leavened bread products into hospitals or eating bread in hospitals for the duration of the Passover holiday. In April 2020, the Court overturned the ban on leavened bread, ruling that religious laws could not be imposed on the public and could not override fundamental freedoms enjoyed by the Arab public, Israeli Jewish secular public, and everyone else.