Government must move to ensure burial equality
There has been a civil burial law in Israel for 10 years. The time has come to enforce it
Ten years ago, Israel enacted a law requiring the state to provide burial options for all citizens, in accordance with their beliefs – at no cost. But to date, the only cemetery in the country that has implemented the law is the regional cemetery in Beer Sheva. Therefore, it is no surprise that during the recent election campaign, several parties didn't even know about this requirement, and advocated such legislation as part of their election campaigns.
There are many reasons that this law has failed to be implemented, starting with the desire of Orthodox burial societies to maintain their monopolies – in simple English, burials are money. Just like civil marriage stands to hit rabbis who make their living by conducting secular weddings in the pocket, a civil burial law stands to strike a blow to the earnings statements of Israel's well-oiled burial societies.
No choices
But whereas a wedding ceremony is decided ahead of time, and one can choose a rabbi to conduct the ceremony, when it comes to losing a loved one, there is no way to investigate different burial alternatives. Usually, there are no alternatives, unless the family has the means and the leaning to pay for a private burial.
This lack of choice leads to several surrealistic situations, and it seems we have all experienced them more than once: The burial societies regularly confuse the names of surviving family members, demand outrageous sums to reserve grave sites, and a general behavior that denigrates the dead as well as the living.
For its part, the political establishment ignores these goings-on. The Religious Services Authority has replaced the ministry of religion, but continues to turn a blind eye to the law. Every government nominates a ministerial committee to consider burial issues (these committees were originally intended to bypass ministers of religion, who weren't exactly pushing to enforce the law).
But in recent years, the committee was headed by Gidon Ezra, who said more than once that the burial issue was far from the top of his list of priorities, and who failed to understand why he was thrust into the dammed position.
Unfair criteria
Even when the Knesset allocated a one-time windfall of NIS 15 million to finally push the issue of civil burial forward (as part of the "special" money given to the Shinui Party in exchange for its support for the state budget), the money couldn't be used because of special criteria published on December 25, 2005, requiring the monies in question could be used during that year – that is to say, in the five days remaining.
Still, following an appeal, the Supreme Court ruled that NIS 11 million could be transferred to the 2006 budget, but there is a long road ahead until the money is actually disbursed. Past allotments intended for civil burial have not been distributed because it was impossible to comply with the criteria placed on such funds.
Removing the stain
The new government must make it a priority to remove this stain from our society, and move to implement the existing civil burial law. It must move to ensure these funds are allotted, and must set manageable criteria for receiving the money. It also must push forward special funding for the Israel Lands Authority.
This need not be a complicated or expensive project. It requires little more than interest from some member of the government, and could lead in short order – during the life of this government – to a situation in which all members of our society have the right to be buried, and to bury their loved ones, in accordance with their beliefs at no cost.
The wealthy enjoy enough benefits while still alive in Israel. At least in death, there should be equality.
Yifat Solel is legal advisor to the Menucha Nechona (Rest in Peace) organization
