A West Bank Palestinian, who has been living with her Israeli resident husband in East Jerusalem since 1993, graduated with excellence from a child day care management course in a Jerusalem college. To her surprise, when she attempted to register for the diploma examination of the Ministry of Industry, Trade and Labor (MITL), she was informed that she could not do so, having no Israeli identity card.
Many Palestinians in Israel are married to Israeli residents, and are present in Israel by virtue of stay permits, their family unification applications having been approved by the Minister of Interior. On the basis of collective "security" grounds, the
Citizenship and Entry into Israel Law (Temporary Order), 5763 – 2003, prevents their acquiring temporary or permanent residency, and being listed in the Israeli population registry.
In July 2010, HaMoked appealed to the MITL, demanding its policy be revised to allow the woman – and others like her, present in Israel as part of the family unification procedure – to participate in the MITL diploma examinations.
In its correspondence, HaMoked argued that it was unacceptable that a person, lawfully living in Jerusalem by virtue of Israeli stay permit, possibly for years, whose status could not be upgraded based on collective "security" grounds – would be denied the chance to plan his career path, pursue a vocation, and support himself and his family with dignity, through such means as training and the MITL diploma examinations. HaMoked contended that the restricted admission to MITL examinations did not serve the Temporary Order's alleged security aim, but rather caused disproportionate harm to those thus excluded.
HaMoked further argued that curtailing a person's ability to realize his abilities, develop professionally, and support his family with dignity, infringed on the rights to freedom of expression, freedom of occupation, and the right to dignity, which is entrenched in Basic Law: Human Dignity and Liberty, and guaranteed to every person present therein.
In August 2011,
the MITL's replied, informing that "a person who is present in Israel through the family unification procedure […] will be able to participate in professional training courses and professional examinations."
This is a small victory, but the battle is not yet over. The woman will in fact be able to participate in the diploma examinations, but is likely to face difficulties in finding work, given that the stay permit, given to her and those like her as part of the family unification procedure,
does not constitute a permit for work in Israel.
