HCJ 10650/03 Abu Gwella et. al v

the Entry into Israel Regulations, and to the holding in Issa, set forth above. This
means that the Respondents are required to grant every child the status in Israel held
by his parents or custodial parent. Where both parents are entitled to custody of the
child, and only one of them has a status in Israel, there may be reason to apply the test
that is based on the actual place of residence of the child, provided that the child’s
right to maintain complete relations with both his parents. In that children are
involved, it is important that acquisition of the status be done in simple and
expeditious procedures, which do not place difficult obstacles in the face of residents
from all segments of the public. The procedures must be published in a proper manner,
and must be accessible to the entire population, and be written in Arabic.
Conclusion
143. The Nationality and Entry into Israel Law flagrantly violates fundamental rights of the
Petitioners and of other residents in similar situations. The rights infringed include the
right to grant a status to minors, the right to protection of the family unit, the right to
protection of the welfare of minors, the right of minors to maintain relations with their
parents, and the right of parents to maintain relations with their minor children. The
Law violates the right of residents and their children to a status, on the pretense of
security grounds that the Respondents attribute to children of tender age, through no
wrongdoing on their part.
144. The Respondents created a distressing reality, whereby in the same family, a request to
arrange the status of two sisters is rejected while the status of other siblings is
approved, although it has been proven that all are children of a resident of the State of
Israel and live in the same place – Jerusalem.
145. The Respondents change their policy repeatedly: residents of the state do not know the
applicable procedures, whereby, in a certain period, only males were allowed to
arrange the status of their children, and after that, the children were given a temporary
status, later the status of children born in Israel was arranged, while children born
elsewhere were left with no status. Now, a statute has been enacted, pursuant to which
children over the age of 12 are not to be given a status, while the granting of a status to
children under the age of 12 is unclear.
146. A request to arrange the status of a child changes its name and nature according to the
changing desires of the Respondents: today it is called a request for family unification,
tomorrow child registration, and the day after, again family unification, all with the
intention of preserving the desired demographic balance. The public is left to discover
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