From Ben-Gurion to Venezuelan Converts

The Law of Return and the State of Israel’s Jewish identity

Authors

DOI:

https://doi.org/10.14393/RFADIR-v49n1a2021-59063

Keywords:

Law of Return, Israel, Jewish identity, Diaspora, Venezuela

Abstract

This study analyzes the development of the unique Law of Return (LOR) of the State of Israel. The LOR is aimed at enabling the immigration of all Jews to Israel and can be viewed as an expression of Israel’s ethno-religious self-definition. The analysis includes amendments made to the LOR since its implementation in 1950 to today, and how different groups of Jewish immigrants have been affected by the law. Moreover, this paper introduces a case study that so far has not received the scholarly attention it deserves; the exodus from Venezuela and the particular case of nine Venezuelan converts to Judaism in accordance with the Conservative branch of the religion. The research uncovers that the LOR contains a core contradiction. While it should be assumed that everyone is treated equally before the law, discrepancies in the treatment of different individuals and groups of people with regard to the LOR continue taking place. The differences in treatment are due to the fact that terms such as ‘Jew’ and ‘Jewish convert’ are subjective in accordance with
Weber’s theory on ethnicity and the terms have been given different meanings by Jewish religious law, the Supreme Court, and the legislative power. While recognizing that the definition of these terms form the identity of the State of Israel, which is heavily contested between Orthodox religious and secular forces since its establishment as a Jewish State – this study offers suggestions for approaches to dealing with the randomness of the LOR. These consist of two main points: clarifying who should be responsible for verifying the question of who is a Jew, and listing a set of criteria that a person should meet in order to be eligible for the LOR.

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Author Biography

Danni Reches, University of Haifa - HCGES, Israel

PhD candidate and research associate at the Haifa Center 1 for German and European Studies (HCGES), with a DAAD (German Academic Exchange Service) scholarship. She holds a MA degree in Diplomacy (cum laude), with specialization in International Relations, from the University of Haifa, Israel. She also holds a BA certificate in Peace & Conflict Studies from the University of Haifa, Israel; and a BA degree in Middle Eastern Studies from Leiden University, the Netherlands.

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Published

2021-09-07

How to Cite

Reches, D. (2021). From Ben-Gurion to Venezuelan Converts: The Law of Return and the State of Israel’s Jewish identity. Journal of the Faculty of Law of the Federal University of Uberlândia, 49(1), 82–108. https://doi.org/10.14393/RFADIR-v49n1a2021-59063

Issue

Vol. 49 No. 1 (2021): Revista da Faculdade de Direito da Universidade Federal de Uberlândia

Section

Foreign Authors

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