חוק פתיחת קבר של קטין יוצא תימן, המזרח או הבלקן לשם זיהוי ועריכת בדיקה גנטית לקשרי משפחה (הוראת שעה), התשע"ח-2018Law on Opening the Grave of a Minor from Yemen, the Middle East or the Balkans for the Purpose of Identification and Conducting a Genetic Test for Family Relations (temporary provision), 2018 · automatic translation · suggest a correction

Official summary of the law (Knesset)

The Law on Opening the Grave of a Minor Who Emigrated from Yemen, the Middle East or the Balkans for the Purpose of Identification and Conducting a Genetic Test for Family Ties (Temporary Provision), 2018, was passed by the Knesset on 19 February 2018. The Law establishes an arrangement whereby family members – children, parents, siblings and siblings' children – may apply to the Family Court and request the opening of the grave of their loved one and the conducting of a genetic test for family ties. The Law establishes that when the court comes to issue an order to open a grave, it must take into account, among other things, considerations such as: the question of whether there is a chance of obtaining DNA from the buried body, or of clarifying other data that will help identify the buried body; the dignity of the deceased and the promotion of the Law's purpose. According to the Law, in requests of this type the Attorney General or his representative will be the respondents and will present to the court the state's position regarding each request. The opening of the grave and the return of the body to the grave will be carried out by the burial society (Chevra Kadisha) in whose area of responsibility the grave plot is located and under the halachic guidance of a rabbi on behalf of the Chief Rabbinate. The act of removing the body from the grave and taking a DNA sample will be carried out by a forensic anthropology expert from the National Center for Forensic Medicine or another person who is a forensic anthropology expert appointed by the court. The genetic test for family ties will be conducted at a laboratory to which the court will refer the families, and which has the appropriate knowledge and experience. In the event that a genetic match is found between the deceased and the family relatives, the court will determine the death of the deceased (if not yet officially determined), and where possible also the date and time of death based on evidence presented to it. The Law establishes that the said arrangement will also apply to requests currently pending before the court, in which all the conditions established in the Law are met. The Law will remain in force for two years from the date of its commencement.

automatic translation · suggest a correction

Sponsors

Nurit Koren, David Bitan, Roy Folkman, Yifat Shasha Biton