Fredrika Shavit v. Rishon Lezion Jewish Burial Society

to be given an alternative civilian burial bears the burden of making sure
this desire is expressed. It can be assumed that if close family members
say that this was indeed the will of the deceased, those wishes should be
respected.
The Alternative Burial Law is a framework law: a law that
acknowledges fundamental rights and outlines the principles of their
implementation in the future by the individual appointed to the task. That
is its charm. That is also its hindrance.
8. The authorities did not hasten to implement the law. Thus, for
example, even though the law was passed on March 21, 1996, no
regulations were instated for two and a half years until the Right to
Alternative Civilian Burial Regulations (Licensing Burial Cooperatives
and Establishing Burial Procedures) was published on December 17,
1998, to be implemented 30 days later. It is clear that these regulations
were only instated following a petition brought before the High Court of
Justice discussed below.
This was the course of events: the Minister of Religious Affairs
dragged his feet in creating regulations for the implementation of the
Alternative Burial Law, and since he did not designate – as was his
obligation under section 4(a) of the law – sites for alternative civilian
cemeteries, MKs David Zucker and Binyamin Temkin – the initiators of
the law – and with them Mr. Erez Epstein, petitioned the High Court of
Justice, requesting that it order the Minister of Religious Affairs to fulfill
the tasks assigned to him by the law. This petition (HCJ 619/97) was
brought before the Court on January 27, 1997 – some ten months after the
law went into effect – and it is still pending today. Almost two years after
the petition was filed, the Minister of Religious Affairs established those
regulations mentioned above, and in doing so, one of the requests of the
petitioners was addressed. Their other request – regarding the designation
of sites for alternative burial – is yet to be addressed, despite certain
actions taken towards the implementation of the law.