Israel Fails to Establish Civil Burial Sites in Jerusalem After 30 Years

Thirty years after a law was passed guaranteeing every Israeli the right to civil burial, Jerusalem remains without a single designated plot for such burials, even for a fee. A state comptroller report criticized government bodies for "lack of action" and failing to secure this basic right for citizens. The 1996 law, enacted shortly after Prime Minister Yitzhak Rabin's assassination, was intended to allow burials according to personal beliefs rather than religious dictates. However, concerns raised during the legislation process about the religious establishment potentially controlling civil cemeteries have proven valid.

Currently, 62% of all civil burial plots nationwide are managed by religious burial societies (Chevra Kadisha) and religious councils. This lack of implementation has persisted across multiple governments, worsening under the current administration. The religious establishment, including the Chief Rabbinate and Chevra Kadisha, generally believes civil burial is unnecessary, with a Chevra Kadisha representative stating in 2013 that "every Jew should be buried in a Jewish burial." Despite the allocation of significant government funds to religious services, including hundreds of millions of shekels for projects like ritual baths (mikvahs), the estimated cost of establishing a civil cemetery in Jerusalem is between 15 to 20 million shekels, a fraction of the increased religious budgets.

Land has been allocated for civil burial in Jerusalem by the Israel Land Authority, but the Ministry of Religious Services and the Ministry of Finance have not provided the necessary funding for development. The Ministry of Religious Services has argued that most non-religious individuals find burial solutions within existing conventional cemeteries, a claim disputed by data suggesting a significant portion of Israelis desire civil burial and many are unaware of the option. The ministry also stated it does not intend to fund the cemetery's establishment, suggesting private initiative instead, which contradicts the law's mandate.

The Supreme Court has issued an order nisi compelling the Ministry of Religious Services and the Ministry of Finance to explain why a civil cemetery has not been established and funded for Jerusalem residents. The ministry's response to the court reiterates its stance against state funding, citing the possibility of private initiative. This situation leaves families facing exorbitant costs for civil burials, with one case cited of a family paying 72,000 shekels for a burial in Rishon LeZion due to the lack of options in the capital. The state comptroller's 2017 report already highlighted the government's "persistent lack of action" in ensuring this right, a situation that remains unchanged.