The Case of the Sa’ads
Mike Jalal and Natali Sa’ad are members of a small Christian community in the Palestinian Territory. Though legally married, they are unable to obtain a marriage certificate. Only recently and with difficulty did they succeed in obtaining a birth certificate for their young son, Andrae. The Sa’ads are not alone. Other religious minority couples face the same problem. Because many of them are members of religions that are not legally recognized in the Palestinian Territory, authorities deny them their basic personal status rights.
Lack of Legal Recognition Affects Personal Rights
The Sa’ads were married in Israel by a minister of their Congregation. However, the Ministry of Interior in the Palestinian Territory has refused to record the marriage because they do not belong to a legally recognized religion there. Since officials do not acknowledge the marriage and thus considered any children resulting from the union to be illegitimate, the Ministry of Interior had refused to register them. The Sa’ads and other parents persistently tried to correct this injustice.
Birth Certificate Issue Resolved
In 2014, the Ministry of Interior responded to petitions to register the children. The Sa’ads are relieved that Andrae (born January 30, 2012) has finally obtained a legal identity. The parents of Maya Jasmin, Laura, and Cristian, are grateful, too, that the Ministry of Interior has issued birth certificates for their children, identifying them as “Christian.”
The children now hold proper identification papers and enjoy the same rights as other citizens. Their parents can travel with them across borders without difficulty and can enroll them in school.
Many Other Personal Status Rights Unresolved
Despite some positive development, authorities continue to deny marriage certificates to the Sa’ads and many other married couples. As a result, they endure societal discrimination from those who wrongly view them as unmarried persons living together in an immoral relationship.
Because of the government’s lack of recognition, spouses must file income taxes separately and maintain separate bank accounts. In a medical emergency, one spouse is not recognized as having the right to choose medical treatment for the other. If one spouse dies, the mate and children cannot inherit the assets of the deceased. Families cannot bury their dead loved ones in harmony with their Christian beliefs. They must bury them in an Islamic cemetery in an area set aside for “Infidels” (non-Muslims).
Efforts Toward Legal Recognition
Sa’ad’s religious group submitted an application for legal recognition to the authorities in the Palestinian Territory in September 2010. After a delay of more than two years with no response, was also filed a petition with the High Court in Ramallah, requesting legal recognition. The court rejected the petition in October 2013 on tricky technical grounds.
Since that time, many representatives have taken further legal steps and have met with officials to resolve the issue. However, lack of follow-through on the part of government officials has impeded any forward progress.
Philip Brumley, general counsel, stated: “We are grateful that the authorities allow us the freedom to worship. However, the religious discrimination that prevents our legal recognition should not preclude our basic human rights.”
Source: jw.org