* In view of the length of the document and the shortness of the period between the date of submission by the State party of the Revised Report and the date of examination by the Human Rights Committee, the present document is circulated in the language of submission only.
Geography
1. Israel's area within its boundaries and ceasefire lines is 10,840 square miles (27,800 sq. km2). Long and narrow in shape, it is some 280 miles (450 km) in length and about 85 miles (135 km) across at the widest point. The country may be divided into four geographical regions: three parallel strips running north to south and a large, mostly arid zone in the southern half.
Demographics
2. As of October 1997, the total population of Israel numbered 5,863,000 with over 4.7 million Jews (80.2 per cent of the total population), 872,000 Muslims (14.9 per cent), about 190,000 Christians (3.2 per cent) and around 100,000 Druze and other faiths (1.7 per cent).
3. The population of Israel increased in 1996 by 140,000, of whom 88,000 are Jews, representing a lower rate of increase than in 1995. In 1990-1991, at the height of immigration from the former USSR and the CIS, the average annual growth rate was 250,000. Since the beginning of 1990 the population of Israel has increased by a total of 26.3 per cent.
4. The birth-rate in 1995 was 21.1 per 1,000, while the infant mortality rate was 6.8 per 1,000. As of 1993, life expectancy for male Israelis was 75.3 years and for female Israelis 79.5 years. The total fertility rate was 2.9 per 1,000. 29.7 per cent of the population was aged 14 or younger while 9.5 per cent of the population was aged 65 or older.
5. Israel has a literacy rate of over 95%.
The Economy
6. Israel's Gross Domestic Product (GDP) in 1996 was 272.8 billion new Israeli shekels (NIS) (approximately US$ 85 billion) in 1995 constant prices. GDP per capita for this period was approximately 48,000 NIS (approximately $15,000). The external debt was $44.28 billion.
7. The dollar exchange rate at the close of 1990 was 2.048 NIS per $1, and at the close of 1995, 3.135 NIS per $1. The annual average of the dollar exchange rate in 1990 was 2.0162, and in 1995, stood at 3.0113. In 1997 the dollar exchange rate was about 3.5 NIS per $1.
Language
8. Hebrew and Arabic are the official State languages. They are primary languages of instruction in compulsory education, and either language may be used by a member of the Knesset (Israel's parliament) to address the House. Israel television and radio broadcast in Hebrew, Arabic and, to a lesser extent, English, Russian and Amharic.
Recent history
9. The State of Israel was founded on 15 May, 1948. Israel represents the culmination of almost 2,000 years of longing on the part of the Jewish people for the reestablishment of an independent State. A guiding principle for all governments of Israel since its inception has been the "ingathering of the exiles", the historic return of the Jewish people to its ancestral land. This concept was enshrined in the Declaration of Independence and has continued to be a major component of Israel's national life to the present day. In the words of Israel's Declaration of Independence, the State "extend(s its) hand to all neighbouring States in an offer of peace and good neighbourliness."
10. In 1977 the late President of Egypt, Anwar Sadat, became the first Arab head of State to visit Israel. In 1979 a treaty of peace was signed between Israel and Egypt. The Madrid Peace Conference, convened in October 1991, was the first time that Israel, the Syrian Arab Republic, Lebanon, Jordan and the Palestinians had met in an open and public setting for the specific purpose of negotiating peace. In September 1993, Israel and the Palestine Liberation Organization signed the Declaration of Principles in Washington D.C., and in November 1994, Israel and Jordan concluded a peace treaty, formally ending 46 years of conflict. In September 1995 Israel and the PLO signed the Interim Agreement on the West Bank and Gaza Strip and, pursuant to that agreement, a Final Status Agreement regarding these territories is to be concluded by 1999.
Structure of Government
11. Israel is a parliamentary democracy, consisting of legislative, executive and judicial branches. Its institutions are the presidency, the Knesset (parliament), the Government (Cabinet), the judiciary and the Office of the State Comptroller.
12. The system is based on the principle of separation of powers, with checks and balances, in which the executive branch (the Government) is subject to the confidence of the legislative branch (the Knesset) and the independence of the judiciary is guaranteed by law.
The presidency
13. The President is the head of State, and his office symbolizes the unity of the State, above and beyond party politics.
14. Presidential duties, which are primarily ceremonial and formal, are defined by law. Among the President's formal functions are the opening of the first session of a new Knesset, accepting the credentials of foreign envoys, signing treaties and laws adopted by the Knesset, appointing judges, appointing the Governor of the Bank of Israel and heads of Israel's diplomatic missions abroad, pardoning prisoners and commuting sentences on the advice of the Minister of Justice. The President's approval is required prior to dissolving the Knesset by the Prime Minister.
15. The President, who may serve two consecutive terms, is elected every five years by a simple majority in the Knesset from among candidates nominated on the basis of their personal stature and contribution to the State.
The Knesset
16. The Knesset is the House of Representatives of the State of Israel; its main function is to legislate. Elections for the Knesset and for the Prime Minister are held simultaneously. They are secret, and the entire country constitutes a single electoral constituency. Knesset seats are assigned in proportion to each party's percentage of the total national vote. A party's surplus votes, that is, those which do not reach the threshold for an additional seat, are redistributed among the various parties according to their proportional size resulting from the elections, or as agreed between parties prior to the election.
17. The Knesset is elected for a tenure of four years, but may dissolve itself or be dissolved by the Prime Minister, with the President's approval, before the end of its term. Until a new Knesset is formally constituted following elections, full authority remains with the outgoing government.
18. The Knesset operates in plenary sessions and through 13 standing committees: the House Committee; the Foreign Affairs and Security Committee; the Finance Committee; the Economics Committee; the Interior and Environment Committee; the Education and Culture Committee; the Labour and Social Affairs Committee; the Constitution, Law and Justice Committee; the Immigration and Absorption Committee; the Committee for State Audit Affairs; the Committee on the War Against Drug Addictions; the Science Committee and the Committee for Advancing the Status of Women.
19. In plenary sessions, general debates are conducted on government policy and activity, as well as on legislation submitted by the government or by individual Knesset members. Debates may be conducted in Hebrew and Arabic; simultaneous translation is available.
The Government
20. The Government (Cabinet of Ministers) is the executive authority of the State, charged with administering internal and foreign affairs, including security matters. Its policy-making powers are very wide and it is authorized to take action on any issue which is not delegated by law to another authority. The Government usually serves for four years, but its tenure may be shortened by the resignation of the Prime Minister or by a vote of no-confidence.
21. The Prime Minister is elected directly by popular vote, simultaneously with the Knesset elections. Until the 1996 elections, the task of forming a government and heading it was assigned by the President to the Knesset member considered to have the best chance of forming a viable coalition government.
22. The ministers are responsible to the Prime Minister for the fulfilment of their duties and are accountable for their actions to the Knesset. Most ministers are assigned a portfolio and head a ministry; others serve without a portfolio but may be called upon to take responsibility for special projects. The Prime Minister may also serve as a minister with a portfolio.
23. The number of ministers, including the Prime Minister, may not exceed 18, nor be less than 8. At least half the ministers must be Knesset members, but all must be eligible for candidacy for Knesset membership. The Prime Minister, or another minister with prime ministerial approval, may appoint deputy ministers, up to a total of six; all must be Knesset members.
The Judiciary
24. The absolute independence of the judiciary is guaranteed by law. Judges are appointed by the President, on the recommendation of a special nominations committee comprised of Supreme Court judges, members of the bar, ministers and Knesset members. Judges' appointments are with tenure, until mandatory retirement at age 70.
25. Magistrates' and District Courts exercise jurisdiction in civil and criminal cases, while juvenile, traffic, military, labour and municipal appeal courts each deal with matters coming under their jurisdiction. There is no trial by jury in Israel.
26. In matters of personal status such as marriage, divorce and, to some extent, maintenance, guardianship and the adoption of minors, jurisdiction is vested in the judicial institutions of the respective religious communities: the Rabbinical court, the Muslim religious courts (Shari'a courts), the religious courts of the Druze and the juridical institutions of the 10 recognized Christian communities in Israel.
27. The Supreme Court, seated in Jerusalem, has nationwide jurisdiction. It is the highest court of appeal on rulings of lower tribunals. In its capacity as High Court of Justice, the Supreme Court hears petitions in constitutional and administrative law issues against any government body or agent, and is a court of first and last instance.
28. Although legislation is wholly within the competence of the Knesset, the Supreme Court can and does call attention to the desirability of legislative changes. It also has the authority to determine whether a law properly conforms with the Basic Laws of the State and to declare a law void.
The State Comptroller
29. The State Comptroller carries out external audits and reports on the legality, regularity, economy, efficiency, effectiveness and integrity of the public administration in order to assure public accountability. Israel recognized the importance of State audit in a democratic society and in 1949 enacted a law which established the Office of the State Comptroller. Since 1971, the State Comptroller has also fulfilled the function of Public Complaints Commissioner (ombudsman) and serves as an address to which any person may submit complaints against State and public bodies which are subject to the audit of the comptroller.
30. The State Comptroller is elected by the Knesset in a secret ballot for a five-year term. The Comptroller is accountable only to the Knesset, is not dependent upon the Government, and enjoys unrestricted access to the accounts, files and staff of all bodies subject to audit. The Comptroller's activities are carried out in cooperation with the Knesset Committee for State Audit Affairs.
31. The scope of State audit in Israel is among the most extensive in the world. It includes the activities of all government ministries, State institutions, branches of the defence establishment, local authorities, government corporations, State enterprises, and other bodies or institutions declared subject to audit.
32. In addition, the State Comptroller has been empowered by law to inspect the financial affairs of the political parties represented in the Knesset, including election campaign accounts and current accounts. When irregularities are found, monetary sanctions are imposed.
Basic Laws
33. Israel has no formal constitution as yet. Instead, it has chosen to enact Basic Laws dealing with different components of its constitutional regime; these Basic Laws, taken together, comprise a "constitution-in-the-making".
34. The Basic Laws are adopted by the Knesset in the same manner as other legislation. Their constitutional import is derived from their nature and, in some cases, from the inclusion of "entrenched clauses" whereby a special majority is required to amend them. The following are the Basic Laws of the State of Israel: Knesset (1958); State Lands (1960); President (1964); State Economy (1975); Israel Defence Forces (1976); Jerusalem (1980); Administration of Justice (1984); State Comptroller (1988); Human Dignity and Liberty (1992); Freedom of Occupation (1992); The Government (1992).
35. There are currently three additional draft Basic Laws being circulated prior to their submission to the Ministerial Committee on Legislation: Draft Basic Law: Due Process Rights, Draft Basic Law: Social Rights, and Draft Basic Law: Freedom of Expression and Association.
36. Israel's recognition of the universal right to self-determination is embodied in its Declaration of Independence, which contains a clear commitment that Israel will be "faithful to the principles of the United Nations Charter".
37. The State of Israel maintains a democratic, republican form of government through a system of national elections which are prescribed by law. As discussed under article 25, every citizen of at least 18 years of age is entitled to vote, without distinction as to gender, race, colour, ethnicity, wealth, property or any other status (Basic Law: Knesset, sect. 5). The voting rate in national elections is generally very high in all sectors of the population. While a person may be denied the right to vote only by judgement of a competent court pursuant to valid legislation (Basic Law: Knesset, sect. 4), no statutory provisions have been enacted to enable denial of the right to vote.
38. The citizens of the State of Israel are able to determine their "political status@ not only through election of the national leadership, but also through local and regional elections, which are discussed under article 25, and, indirectly, through the legislative process.
39. Reference is made to the Introduction of this report for a discussion of Israel's ongoing diplomatic efforts in the peace process.
Economic and Cultural Development
40. The right to pursue economic development has long been recognized in the case law as a basic pillar of Israel's liberal-democratic political order. Israeli legislation bearing on the right to economic development tends to grant these rights to individuals, and not to groups as such. Indirectly, however, the enjoyment of many fundamental individual rights discussed in this report, such as the right to freedom of speech, opinion and association, the protection of the right to property, the right to pursue a vocation, and the right to freedom of religion and conscience, create the groundwork on which groups may pursue their economic and cultural development. A draft Basic Law: Social Rights, which was prepared following Israel's ratification of the Covenant on Economic, Social and Cultural Rights, and which is currently being circulated prior to submission to the Ministerial Committee on Legislation, should bolster that foundation. (Cultural and economic development in minority communities is discussed under article 27.) The State of Israel has combined a largely free-market economy with a scheme of basic civil and political rights to provide the basis for free and liberal pursuit of economic and cultural development. The only legitimate restraints on such pursuit involve fair and reasonable economic regulation, and measures necessary to protect national security or public welfare.
41. The State of Israel does not prevent the free disposition of the country's natural wealth and resources, nor those that may be owned by any distinct sub-group of the population. At the same time, Israel retains its prerogative to regulate the export of natural resources and to impose duties thereon.
42. International agreements are not, as such, part of Israeli internal law, and the Knesset generally does not legislate by way of direct reference to such agreements. Accordingly, the provisions of the Covenant have not been made a part of internal Israeli law by an enactment of the Knesset. However, the basic rights protected by the Covenant are to a very great extent already guaranteed by internal Israeli legislation or case law, and effective mechanisms exist for the assertion and enforcement of such rights, both in the courts and through other arms of government, as described under the other articles in this report. For this reason, among others, it has not been deemed necessary to enact implementing legislation to give effect to the provisions of the Covenant. Thus, as a matter of domestic law, the Covenant does not, by itself, create private rights directly enforceable in Israeli courts.
43. Of particular importance for the implementation of the rights guaranteed by the Covenant, and particularly for Israel's obligations under subsection 2 of this article, is the wave of legislative reform in that it has followed the enactment of Basic Law: Human Dignity and Liberty. As discussed under many articles in this report, the fundamental rights guaranteed in that Basic Law not only form the basis for interpretation of previous legislation, and the limiting criteria for new laws; in addition, the Basic Law has itself stimulated numerous legislative efforts, in areas such as arrest and detention, searches and seizures, legal aid, restrictions on emergency legislation, privacy, imprisonment for civil debts, freedom of information, the rights of people with disabilities, and the rights of patients, which aim to give the fullest practical realization of the principles embodied in the Basic Law. The explanatory notes for the three draft Basic Laws (see para. 35) explicitly mention Israel's ratification of the Covenant, among other instruments, as a motivating consideration in developing these new constitutional laws.
44. The law enforcement authorities - primarily the Police and Prisons Service - have established a thorough regimen of training in the area of human rights in courses for officers and trainees. The curriculum at these courses, as described under article 9 below, includes study of relevant legislation and Supreme Court rulings, development of interpersonal skills, and lectures by representatives of non-governmental organizations working in the field of human rights.
45. Senior officials and legal advisers in numerous ministries and other government authorities were consulted during the preparation of this report. At these consultations, the obligations under the Covenant, as well as the interpretation of those obligations by the Human Rights Committee, were reviewed as they pertained to the activities of each ministry or authority. In addition, an interministerial task force has been set up to carry out ongoing reporting on the implementation of the rights guaranteed by the Covenant. It is anticipated that these internal reporting mechanisms will be the beginning of a process that will foster awareness of the rights and freedoms under the Covenant, both within government authorities and, gradually, among the general public. This report will be widely distributed to officials in all government ministries and authorities, to members of the judiciary, to NGOs, scholars, policy institutes, libraries and the like. Prior to appearing before the Human Rights Committee, the Ministry of Justice and the Ministry of Foreign Affairs will hold a public seminar on this report, at which NGOs will be invited to offer comments and feedback. Until now, the work of publicizing the Covenant has been done for the most part by various NGOs working in the field of human rights, academic symposia and, indirectly, by the media, when the provisions of the Convention are invoked in certain petitions to the High Court of Justice. The Ministry of Education has circulated materials on the Universal Declaration of Human Rights for use in the public school curriculum.
46. The implementation by the State of Israel of its obligation to maintain equality in the enjoyment of the rights under the Covenant is discussed in detail under many of the other articles, particularly articles 3, 26 and 27.
Nationality
47. The State of Israel was expressly established as a Jewish, democratic State, which would be a homeland for Jews from around the world and at the same time would accord all of its citizens the full enjoyment of civil, political and social rights. In 1950, the Knesset enacted the Law of Return, 5710-1950, under which Jews who immigrate to Israel may be accorded the status of oleh (lit. "a person who ascends"), which automatically entitles them to citizenship, as discussed below, unless the person is deemed likely to endanger public health, the security of the State or public welfare, or the person is "engaged in an activity directed against the Jewish people" (Law of Return, sect. 2 (b)). The rights of an oleh are also extended to the spouse of a Jew, to the child and grandchild of a Jew and to their spouses, respectively (Law of Return, sect. 4 A).
48. In 1952, the Knesset enacted the Nationality Law, 5712-1952, which provided a new regime for granting citizenship in place of the institution of Mandatory citizenship, which had been annulled. Under the Nationality Law, Israeli citizenship may be acquired by birth; by residence; by a combination of birth and residence, by return, under the Law of Return; by naturalization; and by grant. All persons, regardless of religion or ethnicity, who are born in Israel - and, in most cases, also outside Israel - to a parent who is an Israeli citizen automatically are citizens themselves. In general, non-Jews can attain citizenship through birth, residence, or naturalization, while Jews attain citizenship primarily by birth or by return. The main difference between Jews and non-Jews in this regard relates to foreign nationals residing abroad who wish to come to Israel and to become citizens. In any case, the manner in which persons become Israeli citizens does not affect in any way the scope of their rights and privileges deriving from citizenship, such as the right to vote and be elected, or the right to hold public office.
49. Initially, citizenship by residence was granted to persons who held Palestinian citizenship during the Mandatory period; who were continuously resident in Israel from the establishment of the State until the entering into force of the Law (14 July 1952), or who entered Israel legally during that period; and who were registered as an inhabitant with the Population Administration shortly prior to the commencement of the Law. Citizenship was also granted to the children of persons who became Israel nationals by residence under the above terms (Nationality Law, sect. 3). Many Arabs, however, did not meet the criteria for citizenship by residence, particularly among those who entered or re-entered what had become the State of Israel following the War of Independence and during the four years until enactment of the Nationality Law; most such persons were initially granted permanent resident status. In 1980, the Nationality Law was amended to broaden substantially the category of persons who were entitled to citizenship by residence, by eliminating the requirement of continuous residence in Israel and extending citizenship to all descendants of persons thus nationalized by residence, instead of only to their children. As a result, almost all Arab residents of Israel are now citizens of the State.
50. Naturalization. The criteria for acquisition of citizenship by naturalization under Israeli law are modelled on those applicable in perhaps more than 100 other States. Under section 5 of the Nationality Law, a person over 18 years of age may attain Israeli nationality if he or she:
(a) Is in Israel; and
(b) Has been in Israel for three out of the five years preceding the application for citizenship; and
(c) Is entitled to reside in Israel permanently; and
(d) Has settled, or intends to settle, in Israel; and
(e) Has some knowledge of the Hebrew language; and
(f) Has renounced his or her prior nationality or has proved that he or she will cease to be a foreign national upon becoming an Israeli national.
These requirements are subject to several specific exemptions, and the Minister of Interior has discretion to exempt an applicant from several of the above conditions if there is a special justification for doing so. Upon being naturalized, a person's minor children automatically become Israeli citizens, except in rare circumstances (sect. 8).
51. Nationality by birth. A person born in Israel whose mother or father was an Israeli national will also be an Israeli national. If, on the other hand, that person is born outside Israel, then he or she will be granted citizenship unless his or her parent also acquired citizenship by birth abroad to an Israeli parent. Originally, the Law allowed the descendants of Israeli nationals living abroad automatically to be deemed citizens, regardless of how many generations had passed. In 1980, the Law was amended to limit such automatic conferral of citizenship to a single generation. The second-generation children may nevertheless become Israeli citizens upon application. It may be clarified that acquisition of Israeli citizenship by birth does not involve any distinction in law or in fact between Jews and non-Jews.
52. Two other avenues of acquiring citizenship were instituted by amendment to the Nationality Law. Under section 4 A of the Law, a person who was born after the establishment of the State in a place which was Israel territory on the day of his birth, and who has never had any nationality, may become an Israeli citizen, provided he or she has been a resident of Israel for at least five years preceding the application. In addition, the spouse of an Israeli national may obtain Israeli citizenship by naturalization, even if he or she is a minor or does not meet the statutory requirements for naturalization (sect. 7 of the Law).
53. Loss of citizenship. Under section 11 of the Nationality Law, an Israeli national may have his or her citizenship revoked in three sets of circumstances: if the acquisition of citizenship was based on the submission of false or fraudulent information, as discussed under article 13; if he or she performs an act "constituting breach of allegiance to the State of Israel"; or if he or she leaves Israel illegally for one of seven States mentioned in the Prevention of Infiltration (Offences and Jurisdiction) Law, 5714-1954, or acquires the nationality of one of those States. As a practical matter, a "breach of allegiance" has never been invoked to terminate the citizenship of an Israeli national, and the annulment of citizenship for illegal entry into prohibited countries is no longer applied. In addition, an Israeli national may voluntarily renounce his or her citizenship, or that of his or her children, under certain circumstances (sect. 10 of the Nationality Law).
54. Permanent residency status is granted by discretion of the Minister of Interior, as discussed under article 12.
55. So long as resident aliens are within Israel pursuant to a valid residency permit, they are accorded the full range of basic civil, political and social rights under Israeli law, except for those rights deriving from citizenship (such as the right to vote in Knesset elections and to run for election, the right to receive a passport, the right to hold public office, and the unlimited right of re-entry into the country after leaving it). Non-resident aliens enjoy full civil and political rights in their dealings with the justice and law enforcement systems, including the right to petition the courts, freedom from arbitrary arrest, the right to due process, the freedom from arbitrary or cruel and unusual punishment; they also enjoy full equality of the rights to freedom of speech, religion, movement, privacy, assembly, and other rights under this Covenant. In certain areas, typically related to employment or economic entitlements, non-resident aliens do not enjoy the same rights as citizens and resident aliens.
56. Remedies available under Israeli law for denial or removal of citizenship or permanent residency status are discussed under article 12. Remedies available for violation of the various rights under the Covenant in general are discussed under the particular article referring to the right in question.
Constitutional principles and legislation
57. In the absence of a written constitution, Israel has developed the basic constitutional principles of its legal system in an accumulating series of Basic Laws and through judicial interpretation. Except for a provision in Basic Law: Knesset requiring that national elections be "equal", the right to equality is not mentioned directly in any of the Basic Laws, including the two most recent Basic Laws dealing with individual rights, Basic Law: Human Dignity and Liberty, and Basic Law: Freedom of Occupation. The reason for this exclusion, as a normative and practical matter, resides perhaps primarily in the systemic accommodation that Israel has maintained between its character as a liberal democracy and the prerogative it has granted to religious law in various areas of public and private life. While the right to equality is not expressly enshrined in the language of the Basic Laws, it has long been considered an "unwritten fundamental right" in Israel's constitutional order by the Supreme Court. The Court established this fundamental, if unwritten, right to equality by giving constitutive weight to the fact that Israel was founded as a democracy; it also took note of the passage in the Declaration of Independence stating that "The State of Israel will maintain complete equality in social and political rights for all citizens, irrespective of religion, race or sex." Although the Declaration does not itself have binding constitutional force, the 1992 Basic Law: Human Dignity and Liberty provides that the human rights it articulates shall be interpreted "in the spirit of the principles in the Declaration of Independence" (sect. 1). The trend of opinion among members of the Court appears to be that the basic right to human dignity includes various unenumerated rights, such as the right to equality. Until recently, the Court has taken the view that it may invalidate secondary legislation, such as administrative regulations, which violate "unwritten" fundamental rights, but not primary legislation enacted by the Knesset, in view of the Knesset's supremacy. In the aftermath, however, of the enactment of two Basic Laws mentioned above, the Court has held that it may now invalidate Knesset legislation which violates those fundamental individual rights beyond the extent allowed by the limitation clauses in those Laws.
58. Given the lack of a written constitutional right to equality, the principle of gender equality has been given form largely through specific legislation and case law. The first significant legislative effort to implement the principle of gender equality was the Women's Equal Rights Law, 5711-1951, which provides that one law shall apply to men and women regarding any "legal act", and that any law that discriminates as such shall not be binding. The law also equates the legal status of women to that of men. Although the law deals specifically with the rights of married women regarding property ownership, and with the rights of women as mothers regarding their children, it does not apply directly to matters of marriage and divorce as such. Moreover, the Women's Equal Rights Law is an ordinary statute, which in theory can be revoked or qualified by subsequent legislation. Nevertheless, the Supreme Court has accorded the law almost constitutional weight in its decisions, calling it "an ideological law, revolutionary, a change of social structure". Prohibition of discrimination on the basis of gender in the private sector is guaranteed in discrete areas by legislation, such as the Equal Employment Opportunities Law, 5748-1988, the Equal Pay (Male and Female Employees) Law, 5756-1996, which are discussed below, and to a certain extent by judicial decisions which have applied the non-discrimination principle in private settings. Other legislative enactments, described in the following sections, promote the equal status of women and men in a wide range of affairs, such as the rights of working pregnant women and mothers, affirmative action, the prevention of domestic violence, national security entitlements, and so on.
International instruments
59. Israel is a party to the Convention on the Elimination of all Forms of Discrimination against Women and submitted its initial and first periodic report under that Convention in March 1997. Israel is also a party to the Convention for the Suppression of the Traffic in Persons and the Exploitation of the Prostitution of Others, the Convention on the Political Rights of Women and the Convention on the Nationality of Married Women.
Participation of women in politics and public life
60. Voting. There is full equality between men and women regarding the right to vote and to be elected in Israel. Section 5 of Basic Law: The Knesset specifically states that every Israeli citizen aged 18 or older is entitled to vote, and section 6 of the law states that every Israeli citizen aged 21 or older is entitled to run for election. There is no noticeable difference between men and women regarding participation in the act of voting (approximately 85 per cent for both sexes). In the Arab community, women have a higher rate of voting in national elections (89.1 per cent) than men (80.5 per cent).
61. Women's representation in political parties and the Knesset. Women operate within political parties under two categories: in specific women's sections and as individual members. Women may be considered to have a dual role, of recruiting support for the party among female constituents, and of promoting women's representation in the party. The introduction, in several political parties, of primary elections in 1992, in which only registered members of the party in question may vote for its candidates to the Knesset, has heightened the sensitivity to the significance of women party members. In a recent survey, 17.0 per cent of the men and 10.9 per cent of the women respondents reported actual membership in political parties. Moreover, 44.3 per cent of the women polled stated that they did not support nor were active in any political party. A small number of women hold high-ranking positions in Israeli political parties. These include Zehava Galon, the General Secretary of Meretz (Israel Democratic Party); Tamar Gozhansky, one of the leading members of Chadash (Democratic Party for Peace and Equality); Limor Livnat (Likud), current Minister of Communications; and until recently, Shulamit Aloni, who founded the Citizen's Rights Party and served as a Cabinet minister in the government headed by the late Yitzhak Rabin. None of the religious parties has had any female candidates in viable places on their party lists. In the 1996 elections, 69 women ran in party primaries. The Labour party secured 6 places (out of 44) on its Knesset candidates list; the Likud party placed 3 women (out of 42); and Meretz secured 3 places for women (out of 14) on its list.
62. The representation of women in the Knesset has varied between 6 and 10 per cent over Israel's history. In the 1996 elections, 9 women (out of 120 Knesset members) were elected to the Knesset, a slight decline from the level of representation in the previous Knesset. Many of the powerful positions in the Knesset have never been assigned to women. For example, there has never been a woman Knesset Speaker, though in quite a few instances women have served as deputy speakers. On the two most powerful Knesset committees, the Foreign and Security Affairs Committee and the Finance Committee, few women have been members. As in other countries, women are relatively well represented on committees responsible for matters related to traditional women's interests, such as education, welfare and social services. Women members of Knesset have been active in promoting bills and petitions dealing with the family, welfare, social and economic matters. In the present Knesset, elected in 1996, the nine women in the Knesset serve on one or more of the following Knesset committees: one woman heads the Absorption Committee and another heads the Science and Technology Committee; there is one woman serving on the Constitution, Law and Justice Committee; three women on the Labour Committee; three women on the Education and Culture Committee; three women on the Immigration Committee; two women on the Interior Affairs Committee; and several women on the Committee for the Advancement of the Status of Women, including the Committee chair.
Women in government, local authorities and the civil service
63. Since the establishment of the State of Israel, one woman, Golda Meir, has served as Prime Minister, after having served as a Cabinet minister in a succession of governments and as a Knesset member for 20 years. Six women have served as Cabinet ministers, including one in the present government (out of 17 ministers). In addition, the Director-General of three government ministries, the Ministry of Justice, the Ministry of Environmental Protection and the Ministry of Absorption, are currently women.
64. Women's representation on local councils has been quite limited, although it has risen steadily since the mid-1960s. As of 1993, roughly 11 per cent of local council members were women. Only six women have served as heads of local councils during Israel's history, none of them in a city with a population over 10,000. Currently, one woman is the head of a local council, and seven women serve as deputy mayors.
65. As of December 1995, 59.4 per cent of all civil servants were women. However, women are under-represented in senior positions: in December 1995, only 10.5 per cent of senior staff (the top three grades in the four main managerial classifications) were women. At the same time, women made up 62.4 per cent of civil service employees in the lowest ranks (grade 8 and below). Recent data submitted by the Civil Service Commission to the Knesset Committee on the Advancement of Women show that significant progress was made between December 1994 and December 1996, during which period the number of women holding senior staff positions has more than tripled (from 25 to 85), so that women now make up 14 per cent of senior staff.
66. The participation of women in internal job tenders in the civil service has been increasing consistently over the last several years. In the four years between 1993 and 1996, the percentage of women candidates in such tenders has more than doubled (from 23.2 per cent in 1994 to 51.9 per cent in 1996), and the percentage of women appointed in such tenders has also more than doubled (from 26.1 per cent to 55.7 per cent over the same period). Participation by women in public job tenders for civil service positions rose much more gradually (up to 35.2 per cent of candidates and 36.7 per cent of appointees in 1995, and declined slightly in 1996. Between the change in the Civil Service Code in 1993, requiring representation of both sexes in tender committees, and 1995 there was an overall decline in the number of such committees composed of men only from 5.4 per cent to 1.6 per cent of internal tenders and from 33.5 per cent to 28.6 per cent of public tenders.
67. The judiciary and lawyers in the public sector. The percentage of women in the judiciary is extraordinarily high compared to other areas of public life. In all of the different civil courts combined, there are 146 women judges and 229 men judges, such that 40 per cent of the civil judiciary in Israel is composed of women.
Women are also well-represented in public sector legal employment. The present State Attorney is a woman. Her predecessor was the first woman to serve in this position, and was later appointed to the Supreme Court. Four out of the five District Attorneys are women. In the District Attorneys' offices, there are 207 women lawyers as against 126 men, and 237 women attorneys working in other governmental offices compared to 115 men.
68. Representation in religious bodies. The Religious Judges Law, 5715-1955, the Rabbinical Courts (Jurisdiction) Law and the Druze Courts Law, 5722-1962, have been interpreted by Jewish, Muslim and Druze religious leaders to mean that only men can serve as judges in these courts. Over the last decade, however, there have been certain important developments in the representation of women in other religious bodies. Following two landmark Supreme Court decisions in 1988, women were granted the right to participate in the Committee for Selection of Chief Rabbis and the right to participate in municipal religious councils. In H.C.J. 953/87, Poraz v. Mayor of Tel Aviv, 42(2) P.D. 309, the Court affirmed the right of women to participate in the Committee for the Selection of the Tel Aviv Chief Rabbi, holding that the exclusion of women from such political committees dealing with religious matters constitutes unlawful discrimination. In H.C.J. 153/87. Shakdiel v. Minister of Religious Affairs, 42(2) P.D. 221, the Court granted women the right to be elected to the religious council of the city of Yeruham in southern Israel. The number of women serving on municipal religious councils remains small. Out of 139 such councils, only 12 include a woman.
69. Government corporations. Under a 1993 amendment to the Government Corporations Law, 5735-1975, men and women must be appropriately represented on the board of directors of every government corporation, and ministers must appoint directors from the less-represented sex until such representation is achieved. Two subsequent appointments of men to the boards of directors of the Israel Ports and Trains Authority and Israel Refineries, respectively, which had no women members, were invalidated by the Supreme Court. According to research conducted in 1996, 68 per cent of government corporations have taken some affirmative action in the aftermath of the above amendment. In 48 per cent of such corporations women have been appointed as directors where there were no women directors in 1993; in 21 corporations (18.9 per cent) which had women directors in 1993, their number has significantly increased. Still, there are 18 government corporations (16 per cent) in which there are no women directors, and in 12 corporations (11 per cent) the number of women directors remains the same. Overall, women still constitute less than 30 per cent of the directors in the majority of government corporations.
70. Women in the military and police. In general, men and women in Israel must perform mandatory military service, although the conditions of service vary between the sexes. Under the Defence Service Law, 5746-1986, men are subject to military service duties between the ages of 18 and 54, women between 18 and 38. The law also differentiates between men and women with regard to the length of mandatory service in the army, the extent of reserve duty obligations, voluntary service, and exemptions. Women are exempt from mandatory service if they are married, pregnant or mothers. There is a legislative exemption for young women who, for reasons of religion or conscience, do not wish to serve in the army. Some of these women perform national service for two years or a shorter period at an accredited institution. Ultra-orthodox males may be exempt from military service if they study in an institute of religious learning and agree not to work during the time they are studying; under this arrangement, such religious students may postpone their military service annually. Approximately 42 per cent of all conscripted soldiers in 1996 were women. While approximately 68 per cent of draftable women were conscripted (the remaining 32 per cent receiving exemptions of one form or another), 83.3 per cent of draftable men were enlisted.
71. In practice, the policy of the Israel Defence Forces (IDF) has been to discourage or forbid women soldiers from serving in combat positions, although they do hold combat-training posts. In a landmark 1995 decision, the Supreme Court held that women could not be excluded from serving as air force pilots based on budgetary and logistical considerations. H.C.J. 4541/94, Miller v. Minister of Defence, 49(4) P.D. 94. The army has since taken steps to implement the decision in the Miller case. Several classes of women have begun the pilot training course, and guidelines have been established to adapt army policy regarding women's service to the potential reality of women combat pilots. The representation of women in various branches of the IDF is shown in the following charts:
Figure 3. Percentage of women officers in service (mandatory and career), by corps
72. Because women do not serve in combat positions, they are often excluded from the upper echelons of the military hierarchy. In 1995, there were nine women holding the rank of colonel. The proportion of women officers holding the rank of lieutenant-colonel or lower, however, has risen significantly over the last decade.
73. According to Israel Police statistics, women constituted approximately 18 per cent of the police force in Israel as of December 1995. While the police has no official policy limiting women's service, previous army combat experience is either a precondition or a preferred qualification for many positions, including senior positions, effectively barring or hindering women from being able to serve in those positions. A pending 1996 petition to the Supreme Court by women who claimed discrimination against women in police hiring has led the police to establish a committee to investigate the hiring policies regarding women. As of the submission of this report, women serve as the head of the Personnel Division, the head of the Criminal Investigation Division and as the Legal Adviser to the Israel Police.
74. Other public institutions. The General Labour Federation (Histadrut), discussed under article 22, acts as an umbrella for the majority of labour unions in Israel. In 1995, the Histadrut added a provision to its articles of association requiring 30 per cent female membership in the leadership of every labour union under its auspices. At present, 10 per cent of all workers' committees are headed by women, and women comprise 17 per cent of their membership. Women hold managerial positions in many labour councils; altogether, 51 per cent of the personnel on labour councils are women.
75. Non-governmental organizations. Women are deeply involved in myriad non-governmental organizations which aim to influence the governmental decision-making process, both on issues relating specially to women and to the full gamut of social concerns. Some groups, such as the Israel Women's Network and the Association for Civil Rights in Israel, have played a highly significant role in the legislative process and in legal advocacy on issues related to women. Other women's groups, such as Women for Women, the Women's Organization for Political Prisoners, the Jerusalem Link, and the Association of Women for Peace, have focused their activities on promoting Israeli-Palestinian dialogue and influencing public opinion on Palestinian-Israeli issues.
Equality in employment
76. Until the end of the 1980s there were few statutes which dealt specifically with matters of gender equality in the workplace. The Employment Service Law, 5719-1959, which prohibits discrimination in job referrals on the basis of sex (sect. 42), and the Equal Pay (Male and Female Employees) Law, 5724-1964, requiring that male and female employees receive comparable pay for comparable work, were perhaps the most important early pieces of legislation. The Womens' Equal Rights Law, 5711-1951, while not dealing explicitly with labour-related issues, provided that "one law shall apply to men and women regarding every legal act". Although lacking the constitutional status of a Basic Law, the Supreme Court has interpreted this Law to contain norms of a constitutional nature and has held that, where possible, other laws should be interpreted in conformity with its provisions. In 1987, the Equal Retirement Age (Male and Female Employees) Law, 5747-1987, was enacted, prohibiting employers from forcing early retirement on women workers. The broader Equal Employment Opportunities Law, 5748-1988, prohibits discrimination in the workplace based on gender, sexual orientation, marital status, parenthood, race, age, religion, nationality, country of birth, political or other orientation. Neither governmental employers nor private employers with six or more employees may take the above classifications into account in matters of hiring, promotion, termination of employment, training, work or retirement conditions, except in special cases where the unique nature of the position makes those classifications irrelevant. Protections offered to women employees which take into account their special needs as women or mothers are not considered discriminatory, although the law specifies that any such rights offered to working mothers must equally be given to men who either have sole custody of their children, or whose wives work and have chosen not to make use of these entitlements or rights. The range of entitlements offered to pregnant women, new mothers and their spouses are discussed under article 23.
77. The Equal Employment Opportunities Law also recognizes sexual harassment as a form of discrimination in the workplace subject to criminal and civil sanctions. Although harassment is defined relatively narrowly and does not include the notion of a hostile working environment, the law forbids employers from penalizing employees or job applicants in any manner for refusing to accept proposals or advances of a sexual nature. A 1995 amendment to the law has placed the burden of proof upon the employer in civil sexual harassment suits; where an employee has proved refusal of a sexual advance, the employer must then prove that there has been no violation of the law (i.e. that the employee has not been penalized in any manner). The sexual harassment provision in the Equal Employment Opportunities Law applies to all employers, unlike the other provisions in the law, which apply only to those employers with five or more employees.
78. In the civil service, sexual harassment is a disciplinary offence under the Civil Service Code, which defines harassment more broadly than the Equal Employment Opportunities Law. The Code's definition includes any act with the characteristics of a sexual act, including speech or insinuation; it also covers acts by co-workers as well as superiors. In the case of harassment by a superior, the Code provides that the worker's consent is irrelevant, as is the question of who initiated communication of a sexual nature. A 1995 amendment to the Civil Service Code added the creation of a hostile working environment to the definition of sexual harassment, and provided for legal and professional aid to the plaintiff.
79. A bill which would provide criminal and civil sanctions against all forms of sexual harassment, and would hold employers responsible for not acting to prevent harassment in the workplace, is in its final legislative stages.
80. The Equal Pay (Male and Female Employees) Law, 1996, aims to promote equality between men and women in work compensation. Replacing a similar law from 1964, the new law widens the definition of discrimination, provides greater access to remedies, and implements a progressive notion of pay equity. While the earlier law dealt only with "salaries", the new law extends to "all other forms of compensation", including benefits, bonuses, grants, coverage of expenses and overtime, all of which previously were used by employers to evade the spirit of the law. Instead of requiring employers to pay workers in "essentially equal" positions at the same workplace equal salaries, the new law mandates equal pay for positions at the same workplace that are "equal in value", which is defined as jobs that demand equal qualifications, effort, expertise and responsibility. Any deviation from this standard of equality imposes a burden of proof on the employer that non-gender-related circumstances justify the difference in pay. Employees who are found by the labour court to have been underpaid under the criteria of the new law may sue for up to 24 months' back pay. Employees may not forfeit or qualify their rights under this law.
81. In general, women have become much more involved in the labour market in Israel over the years, but occupational segregation and gaps in pay between men and women remain fairly entrenched. Over the last decade, women's participation in the workforce (i.e. the percentage of women aged 15 and over who are working or unemployed) increased around 1 per cent annually, reaching 45.5 per cent in 1995. During that period, men's participation in the workforce has stayed more or less the same (62.6 per cent in 1995). Women composed 43.2 per cent of the total workforce in 1995, compared to 33 per cent in 1975. The increase in women's participation is evident in almost all age groups, except for the youngest and eldest. Jewish women's level of participation is higher than overall women's participation, reaching 50.5 per cent in 1995. At the same time, participation of Arab women in the workforce has increased, from 13.9 per cent in 1992 to 16.8 per cent in 1994. In 1994, roughly 24 per cent of women were employed full-time, and 16 per cent part-time; among men, 54 per cent worked full-time and 6 per cent part-time. Not surprisingly, the other major difference in work patterns between men and women was that 23 per cent of women in 1994 were classified as "homemakers", which is defined by statute as applying only to females. Homemakers are not considered part of the labour force, as they neither work for pay nor actively seek such work. Women's participation in the labour force is correlated dramatically with their educational level, much more so than is the case with men. In 1995, among Jewish women with 16 years of schooling and over, 77.5 per cent belonged to the workforce, as compared to 74.9 per cent of Jewish men with the same level of education; among Jewish women with 0-4 years of schooling, only 10.1 per cent participate in the workforce. Participation of married women has steadily increased, from roughly 25 per cent in 1967 to roughly 50 per cent in 1995.
82. Occupational distribution. Differences in employment patterns between men and women in Israel are shown in the following table showing the relative level of employment in various branches of the economy:
Work segregation is also evidenced by differences in distribution among occupational categories. In 1995, as shown in the pie chart below, close to 30 per cent of employed women were clerical workers (a figure that has remained unchanged since 1980), compared to 8 per cent of men; more than 20 per cent of employed women were agents, sales workers or services workers, compared to 14.4 per cent of men. A higher proportion of women than of men were academic professionals (12.5 per cent for women, 11 per cent for men) and associate professionals and technicians (19.5 per cent for women, 9.4 per cent for men). However, it should be noted that most women in these latter occupational categories are teachers, nurses, social workers and the like, primarily in the public services. Thirty-eight per cent of employed men worked in industry and other skilled labour, compared to only 7 per cent of employed women.
Source: Labor Force Surveys, 1995.
83. The "glass ceiling". Although thoroughgoing data regarding the ability of women to advance to senior positions in their place of employment are difficult to gather, available statistics indicate that a "glass ceiling" still exists for women in the Israeli workplace. According to the Central Bureau of Statistics, in 1995 6.9 per cent of all working men were managers, while only 2.2 per cent of all working women were managers. Of the total managerial segment of the workforce, 19.5 per cent were women in 1995, a slight increase from 1990 (18 per cent of managers were women). During the decade between 1980 and 1990, women made up more than 25 per cent of the increase in total managers.
84. Although women's representation in managerial roles has gradually increased, it is still quite low when compared to the increase in the general rate of women in the workforce. For example, the Union of Industrialists recently conducted a survey of 152 high-tech corporations, which revealed that 14 per cent of the managers in these companies are women, while in 51 per cent of such companies there were no women managers at all. On the other hand, among the larger corporations (100 employees or more), 44 per cent have more than one woman in managerial positions. In the civil service, roughly 60 per cent of all workers, but only 14 per cent of senior staff, were women, according to 1996 data.
85. Earning gaps. In all branches of the labour market, a male employee's average monthly income was 1.7 times higher than that of a female employee (1992-1993). This is partly explained by the differences in average weekly work hours, which were 46.3 for men and 34.1 for women. However, a large gap still exists in the average income per hour, which for women was 80 per cent of men's hourly income. This earning gap remains fairly constant when other variables, such as level of education, are taken into account. During the period between 1992 and 1994, the average monthly and yearly salaries of women in the workforce were 50-55 per cent of men's salaries. In 1995, 69 per cent of all employees who earned less than the minimum wage were women. Salary gaps between male and female full-time employees in the civil service have decreased from 29 per cent in 1988 to 24 per cent in 1996.
86. Employment of Arab women. Arab women in Israel, on the whole, are far less employed outside of the home than are Jewish women. Of the 350,000 Arab women who are of working age (over 15), roughly 83 per cent do not belong to the workforce, a slight decrease from the 1960s (approximately 91 per cent did not belong to the workforce). The rate of employment of Arab women living in cities is much higher than that of those living in villages, who comprise 90 per cent of all Israeli Arab women. Most Arab villages are located on Israel's periphery, far from centres of economic activity. In the past agriculture was an integral source of income for Arab villages, and Arab women were thoroughly involved in such agricultural work while maintaining their traditional role as housewives. Downsizing in the agricultural sector, which occurred as a result of the appropriation of farm lands, shifted the main economic focus of villages to work in the cities, leaving a vacuum in the job market for Arab women. While many village men moved into the modern workforce and left their villages to work in the Israeli cities, women remained at home to run their households and work the fields, without tangible compensation.
87. The first wave of Arab women seeking work outside their villages began in the 1960s, mostly in jobs at nearby Jewish villages or cooperatives which did not require any formal education or literacy. In the 1970s, Arab women began to take on blue collar positions in factories set up near their villages, particularly in the textile industry. By 1989, the percentage of Arab women who worked in the textile industry, either at factories or in cottage industries within the villages, reached 29 per cent. During the 1990s, more Arab women have entered the Israeli job market, particularly as unskilled labourers, to help their families shoulder increasing financial burdens. In recent years, more Arab women have been taking positions which require a high school education.
88. The reluctance of the traditional Arab communities to allow women to work outside their homes stems from religious, social and economic concerns. Particularly in the villages, the traditional Arab lifestyle places women in the home, not in the workplace or at school. Single Arab women, particularly at the lower and the higher economic strata, work much more frequently than married Arab women. The labour force participation of Arab and Druze women has been found to peak at ages 18-24, and to decline dramatically with marriage or the birth of a first child.
Education
89. Under the Compulsory Education Law, 5709-1949, all children must study between the ages of 5 and 15. Education is provided free of charge through the age of 17, and for 18-year-olds who have not yet completed the eleventh grade. The illiteracy rate (defined to include persons with up to four years of schooling) is higher among women than among men, although dramatic improvements have been made in this respect among all sectors of the population. Median years of schooling is lowest among Arab women (9.7 years in 1994, as compared to 10.6 years among Arab men); Jewish women and men have more or less identical median educational levels (12.2 and 12.3 per cent in 1993). However, there has been a steady and significant increase in the median educational level within the general Arab population, and when specific age groups are examined, among Arab women as well: in 1980, the median years of schooling was 6.4 for Arab women, 7.5 for Arab men, and roughly 11 years for Jewish men and women.
90. As of the 1994/95 school year, attendance rates of 14-to-17-year-olds in the Jewish educational system were 92.6 per cent for boys and 99.6 per cent for girls. In the Arab sector during the same year, 65.7 per cent of boys and 69.2 per cent of girls were enrolled in educational programmes. In all sectors, attendance rates have increased dramatically over time. Approximately two thirds of all matriculation examinees are girls, and a higher percentage of girls than boys pass their matriculation exams.
91. Secondary education in Israel is made up of different educational tracks. In the eighth or ninth grade students are placed on either a general or technological/vocational track, and proceed to separate high schools accordingly. Within each general track, the students select specific courses of study, such as sciences or humanities, or a specific vocational field, such as electronics, biotechnology and so on. Most of the students who take their matriculation exams have studied in the general high schools, as matriculation is a prerequisite for university education. As of 1985, 43.6 per cent of girls studied in the general track, while only 27.7 of boys did the same. Within the vocational tracks, machinery and electronics are almost exclusively male subjects, building and architecture are studied equally by men and women, and fashion and nursing/paramedical training are female-dominated fields, as are programmes for biotechnical engineers and technicians.
92. Everyone, regardless of gender, may choose to study or major in any subject in higher education. Opportunities are limited to the extent that certain departments have prerequisites such as a certain level of science matriculation, which many girls do not choose to take in high school. In 1995, 55 per cent of undergraduate university students in Israel, and over 50 per cent of graduate students, were women. The proportion of university degree recipients who are women is similar to the percentage of women students. At the doctoral level, 43.8 per cent of students are women. In the 1992/93 school year, 46.6 per cent of law students, 46 per cent of medical students, and 18.2 per cent of engineering and architecture students studying for a first degree were women. Women are highly represented in university programmes in education (84 per cent), the humanities (71.4 per cent) and the social sciences (59 per cent) while they are under-represented in technological fields (20 per cent). Women university students tend to receive their bachelor's degrees earlier than men (median age 26.0, compared to 27.6 for men), largely due to the fact that their mandatory army service is one year shorter than that of men. The median age for receiving master's degrees is virtually identical for men and women, and the median age for receiving doctoral degrees is a year lower for men than for women. In non-university institutions of higher education, women made up 64 per cent of students during the 1995/96 school year. More than three times the number of non-Jewish men receive higher education than do non-Jewish women.
Governmental review of legislation and practice affecting women
93. Commission on the Status of Women. The International Women's Year in 1975 triggered the formation of an ad hoc Commission on the Status of Women, appointed by then-Prime Minister Yitzhak Rabin, and headed by Ora Namir, who later became Minister of Labour and Social Affairs. The Commission's main function was to investigate the status of women in Israel and to present the Government with proposals for social, cultural, educational, economic and legal measures necessary to promote equality between men and women in Israel. The Commission's 1978 report included a list of 241 recommendations for reform, only some of which have been implemented.
94. Women's status in the civil service. The Israeli Government is the largest employer in Israel, and almost 60 per cent of civil servants are women. In 1989, a governmental commission investigating the civil service reported, among other things, on the status of women in the service, and concluded that discrimination against women is the main cause of their lower status in the service. To implement the commission's recommendations for the improvement of women's status in the service, a subcommittee was established (the Ben Israel Committee, after its Chairwoman) by the Ministry of Economics and Planning. In 1993, the subcommittee presented its reform proposals, which included specific provisions for ensuring women's participation in tender committees, and invalidating decisions of tender committees with no women members; improving the functioning of the supervisors on the status of women in the different ministries; and securing firmer treatment of sexual harassment. In addition, the proposals include the publication of a worker's rights manual for women employees, the preparation and dissemination of information regarding the status of women in the service to Knesset committees and women's organizations; and the joint establishment of a Progressive Employer Award to be granted by the Na'amat women's organization, the Union of Industrialists and the Union of Local Authorities to the public employer demonstrating a commitment to the advancement of women. Most of these proposals were incorporated into the Civil Service Code, and are in the process of being implemented.
95. Other changes in the Civil Service Code include the changing of provisions regarding family members who may accompany employees on overseas missions on gender-neutral terms, thus giving men and women employees equal opportunities to participate in overseas work, and allowing women employees with small children to choose whether or not to work overtime. In 1985, the Government, following one of the recommendations of the Namir commission, decided that a supervisor on the status of women employees would be appointed in each government ministry. These supervisors are responsible for promoting equal opportunities for women employees, monitoring obligations for representation of women on all professional and tender committees, developing special tracks for promotion of women, increasing the representation of women in senior positions, handling gender discrimination and sexual harassment complaints, and preparing annual progress reports. Such supervisors have been appointed in most ministries.
96. Recently, the Civil Service Commissioner created a new position for a Supervisor-General on the advancement of women in the civil service, who reports directly to the Commissioner. In 1996, a new unit was established on the Commission, which is responsible specifically for hiring and promoting women in the civil service, with a particular view to increasing representation in senior positions. The new unit also supervises the implementation of affirmative action policy under the State Service (Appointments)(Adequate Representation) Law (Amendment No. 7), 5755-1995. This law obligates the Civil Service Commissioner to use all necessary means to achieve appropriate representation of both sexes in the civil service. Its provisions are read to all tender committees at the beginning of every tender deliberation, including the requirement that preference be given to the candidate of the less-represented sex when candidate's qualifications for the position are similar.
97. The Prime Minister's Adviser on the Status of Women. The Office of the Prime Minister's Adviser on the Status of Women, established in 1980, was initially given responsibility for advising the Prime Minister on all issues pertaining to women, and coordinating governmental actions in this regard. The office suffered from a dearth of funding until 1992, when the late Prime Minister Rabin abolished the Office of Prime Minister's Advisers altogether, including the Adviser on the Status of Women. In its place, he formed a steering committee to restructure the office of the Adviser and the function of the National Authority on the Status of Women, discussed below. Following the 1996 election, the Government appointed a new Adviser on the Status of Women, with responsibility for organizing a campaign against family violence and drafting Israel's report on the March 1997 session of the Commission on the Status of Women, in the aftermath of the Beijing Conference.
98. A bill currently under consideration in the Knesset calls for the establishment of a National Authority on the Status of Women. Under the proposed legislation, the Authority will have a mandate to formulate policy regarding gender equality and the elimination of discrimination against women; to coordinate and promote cooperation between national Government, municipalities and other bodies regarding the promotion of the status of women; to advise ministries on the implementation of equality laws and of the Convention on the Elimination of All Forms of Discrimination against Women; to establish special programmes and services for women to promote gender equality; to create a research and public information centre; and to promote legislative measures for the advancement of women and the elimination of gender discrimination. The Knesset Committee for the Advancement of the Status of Women is now preparing the bill for its final readings, and it is expected to be enacted in the near future.
99. The Knesset Committee for the Advancement of the Status of Women. In 1992, a broad coalition of women Knesset members created the Committee for the Advancement of the Status of Women. This Committee has been instrumental in promoting important legislation bearing on women's status and in raising awareness of women's concerns. In January 1996, the Committee was granted the status of a permanent (standing) Knesset committee, with the following mandates: (a) to see to the advancement of women's equality in public representation, education and personal status; (b) to work toward the prevention of discrimination on the basis of sex or sexual orientation in all areas of life; (c) to reduce wage gaps in the economy and the labour force; and (d) to eliminate violence against women. The Committee is currently composed of 15 members, including 8 men, and has working subcommittees dealing with the advancement of women in the workplace, the advancement of Arab women, and personal status. Recently enacted legislation in which the Committee played a pivotal role includes, among others, the Equal Pay (Male and Female Employees) Law, 5756-1996; the State Service (Appointments) (Appropriate Representation) Law (Amendment No. 7), which introduces affirmative action into the civil service; the Prevention of Domestic Violence Law (Amendment No. 2), 5756-1996; and the Family Court Law, 5755-1995. Over 40 different legislative bills relating to the advancement of women's status have been enacted since the establishment of the Committee. The Committee has also used other parliamentary powers to pursue its mandate, such as the creation of the parliamentary investigative committee on the murder of women by their spouses. Furthermore, the Committee has been an important catalyst for activity on women's issues outside the Knesset, by maintaining close working relations with women's NGOs and with women in senior positions in business and academia. It thus serves as a forum where women's voices are heard, and for political mobilization on women's issues.
100. The Ministry of Labour and Social Affairs has a Division for Employment and Status of Women, which, among others, is involved in the development of child-care programmes, the supervision and subsidizing of child-care programmes operated by women's organizations, the provision of vocational training for women who are unskilled or who wish to enter non-traditional fields of work, and the dissemination of information regarding women's rights, with a focus on employment. Other ministries have staff members designated as responsible for overseeing the status of women employees in that ministry as well as any activities of that ministry which engage women's issues more generally.
101. In 1994, the Union of Local Authorities in Israel appointed an Adviser on the Advancement of Women in Local Authorities, in an attempt to provide a mechanism for addressing women's concerns at the municipal level. The Adviser is responsible for establishing Women's Councils in each local council in Israel; 70 such Women's Councils have been created thus far, including 8 in Arab local councils. The Adviser is also involved in promoting legislation dealing with women's daily concerns at the municipal level, and cooperates closely with the Ministry of Labour and Social Affairs on issues such as shelters for battered women. The tasks of the local Women's Councils include coordination among all local women's organizations, implementation of educational programmes on gender equality, prevention of domestic violence and technological education for girls, improvement of day-care facilities, and provision of services for women with special needs such as single mothers, elderly women, immigrant women and Arab women. Each Women's Council is headed by a woman who also acts as the Adviser on the Status of Women to the head of the Municipal Council. Once again, the main obstacle facing the work of the local Women's Council is the absence of a dedicated budget, making the work of the councils largely voluntary.
Equal rights in the domestic sphere
102. Israeli law and practice regarding the equality between spouses, and between spouses and their children, are discussed under articles 23 and 24.
Impact of marriage on nationality
103. As discussed under article 2, the Nationality Law, 5712-1952, states that Israeli nationality may be acquired in one of four ways: by birth; under the Law of Return, 5710-1950; by residence in Israel; or by naturalization. Israeli citizenship laws do not differentiate between men and women. Both sexes have equal rights in regard to acquiring, changing or retaining their nationality. Neither the change of nationality by one member of a couple nor marriage to a non-citizen has any effect on one's citizenship. According to the laws relating to citizenship acquired by birth, both the father's and mother's citizenship carry equal weight.
104. Provisions in the Nationality Law dealing with the acquisition of citizenship by naturalization also uphold the principle of gender equality. Section 7 of the law provides that the spouse of a person who has applied for Israeli citizenship through the naturalization process may thus be granted citizenship even if he or she does not meet all of the statutory requirements for naturalization. Naturalization also confers citizenship on the minor children of the naturalized person who were residents of Israel at the time of his or her naturalization. However, if the minor citizen was a citizen of another country, and both parents were entitled to custody, but only one underwent the naturalization process, then the child will not obtain citizenship if one of the parents declares his or her opposition thereto. In any case, these provisions do not distinguish between parents on the basis of gender.
105. Under a 1980 amendment to the Nationality Law, if either parent was an Israeli citizen at the time of his or her death, then any child born after that parent's death shall be entitled to acquire citizenship.
106. The State of Israel has remained in an officially proclaimed state of public emergency from 19 May 1948, four days after its founding, until the present day. The original declaration of a state of emergency was issued by the Provisional Council of State in the midst of the war with neighbouring States and the local Arab population that had begun several months prior to the declaration by Israel of its independence on 14 May 1948. Since then, the state of emergency has remained in force due to the ongoing state of war or violent conflict between Israel and its neighbours, and the attendant attacks on the lives and property of its citizens. Upon ratifying the Covenant, the State of Israel made a declaration regarding the existence of a state of emergency. The text of Israel's declaration, dated 3 October 1991, is as follows: "Since its establishment, the State of Israel has been the victim of continuous threats and attacks on its very existence as well as on the life and property of its citizens.
"These have taken the form of threats of war, of actual armed attacks, and campaigns of terrorism resulting in the murder of and injury to human beings.
"In view of the above, the State of Emergency which was proclaimed in May 1948 has remained in force ever since. This situation constitutes a public emergency within the meaning of article 4 (1) of the Covenant.
"The Government of Israel has therefore found it necessary, in accordance with the said article 4, to take measures to the extent strictly required by the exigencies of the situation, for the defence of the State and for the protection of life and property, including the exercise of powers of arrest and detention.
"Insofar as any of these measures are inconsistent with article 9 of the Covenant, Israel thereby derogates from its obligations under that provision."
107. Concurrently with the achievement of peace agreements between Israel and Egypt in 1979, between Israel and Jordan in 1994, and the recent agreements between Israel and the PLO, an internal debate regarding the necessity of a state of emergency, and the scope of powers granted to the executive branch thereunder, has culminated in the enactment by the Knesset of two Basic Laws which significantly modify both the constitutional mechanism for maintaining a state of emergency, as well as the scope of the executive branch's discretion in promulgating emergency regulations. In the framework of those new Laws, which are discussed further below, the state of emergency currently exists by force of the declaration of the Knesset in May 1997, which is valid for a period of up to 12 months.
108. During the period of the British Mandate, numerous emergency or defence regulations were enacted by the High Commissioner on specific matters such as prohibiting the manufacture of explosives, overseeing the Mandatory police, and regulating immigration into the country. In 1945, these earlier regulations were superseded by the enactment of the Defence (Emergency) Regulations, which granted the Mandatory authorities extremely broad powers for the purpose of quelling riots and insurgencies and maintaining public order. Among other things, these regulations enabled the destruction and sealing of houses, administrative detention, trial of civilians for security-related offences in special military courts, prohibitions on freedom of movement of individuals or the general public, deportation, censorship, expropriation of private property, illegalization and prosecution of hostile organizations, restriction of the use of telecommunications, and so on. As with most other Mandatory and Ottoman legislation that was in force on the eve of Israel's proclamation of independence, the Defence (Emergency) Regulations, 1945, remained in force upon the establishment of the State. With several notable exceptions - most prominently the power to deport civilians under Regulation 111, which was repealed in 1982, and the power of preventive or administrative detention under Regulation 112, which is now regulated by the Emergency Powers (Detention) Law, 5739-1979 - these regulations remain in force in Israel to the present day.
109. On 19 May 1948, Israel's Provisional Council of State enacted the Law and Administration Ordinance, 5708-1948, which created the new legislative and executive branches of the fledgling State, provided for the continued validity of previous laws and legal institutions, and transferred governmental powers held by Mandatory authorities. Section 9 of this Ordinance, which is quoted in full below, authorized the Provisional Council of State to declare a state of emergency, and gave ministers in the Provisional Government the power to enact emergency regulations for the purpose of protecting the State, public security and the maintenance of essential services and supplies:
"9. (a) If the Provisional Council of State deems it expedient so to do, it may declare that a state of emergency exists in the State, and upon such declaration being published in the Official Gazette, the Provisional Government may authorize the Prime Minister or any other Minister to make such emergency regulations as may seem to him expedient in the interests of the defence of the State, public security and the maintenance of supplies and essential services.
"(b) An emergency regulation may alter any law, suspend its effect or modify it, and may also impose or increase taxes or other obligatory payments.
"(c) An emergency regulation shall expire three months after it is made, unless it is extended, or revoked at an earlier date, by an Ordinance of the Provisional Council of State, or revoked by the regulation-making authority.
"(d) Whenever the Provisional Council of State thinks fit, it shall declare that the state of emergency has ceased to exist, and upon such declaration being published in the Official Gazette, the emergency regulations shall expire on the date or dates prescribed in such declaration."
As mentioned above, the Provisional Government declared a state of emergency on the same day that it enacted the enabling provision. Section 9 of the Law and Administration Ordinance remained in force until June 1996, when it was replaced by new constitutional arrangements regarding emergency powers in Basic Law: Government, which are discussed below.
110. A significant change in the scope of executive emergency powers has recently been made in the new version of Basic Law: Government, which entered into force in June 1996. This Basic Law repeals section 9 of the Law and Administration Ordinance, replacing it with new arrangements regarding the duration of and power to declare a state of emergency, as well as substantive limitations on the content and application of emergency regulations, which aim at protecting human rights. Under section 49 of the Basic Law, the official state of emergency no longer continues automatically until repealed. Rather, the Knesset may declare a state of emergency that will extend for up to one year; the Government may also declare a state of emergency, which may last for up to one week, until approval by the Knesset. In addition, emergency regulations are to be issued by the Government, rather than by individual ministers, except when there exists an urgent and critical need to enact such regulations and the Government cannot be convened, in which case the Prime Minister may issue such regulations or authorize another minister to do so. Under the new Basic Law, moreover, the validity of all emergency legislation, including that of previously enacted laws extending the force of emergency regulations under section 9 of the Law and Administration Ordinance, is now contingent upon the Knesset's decision whether to declare a new state of emergency at the end of each 12-month period, which the Knesset did in mid-1997. In addition, particular emergency legislation may be annulled by the Knesset, and ordinary emergency regulations expire after three months unless extended by law.
111. The new Basic Law (sect. 50) specifically provides that emergency regulations may not prevent persons from seeking redress therefrom in the courts, nor may they set retrospective punishments or allow injury to human dignity. In addition, no emergency regulations may be promulgated, nor may any powers, arrangements or measures be exercised thereunder, except to the extent required by the state of emergency. Although the Supreme Court has not yet had the opportunity to interpret the effect of these limiting principles on emergency legislation since the enactment of the new Basic Law, the clear intent of the Knesset was to circumscribe the powers of the executive branch to impair enjoyment of fundamental human rights in a state of emergency, and to give the courts the necessary tools to enforce such curbs on executive discretion.
112. In Israel there are three principal types of legislation (statutes or regulations) which have application during a state of emergency. The first type consists of regulations enacted pursuant to the enabling legislation (i.e., until recently, section 9 of the Law and Administration Ordinance, and, since 1996, section 49 of Basic Law: Government) during periods when public security, the security of the State or the maintenance of supplies and essential services are seriously threatened, typically in time of war. For example, during the Gulf War in 1991, a series of emergency regulations were promulgated dealing with the maintenance of civil defence, the preservation of vital telecommunications capacities, the prohibition of firing employees due to their absence from work during the war, altering the school schedule, and the like. See, e.g., Emergency (Special Situation Period in Civil Defence) Regulations, 5751-1991; Emergency (Wireless Telegraph) Regulations, 5751-1991; Emergency (Telecommunications) Regulations, 5751-1991; Emergency (Prohibition of Termination of Employment during Special Situation in Civil Defence) Regulations, 5751-1991; Telecommunications (Installation, Operation and Maintenance) (Amendment) Regulations, 5751-1991; Emergency (Educational Institutions during Special Situation Period in Civil Defence) Regulations, 5751-1991. These regulations generally remain in effect for a brief period.
113. The second type of emergency legislation includes statutes which extend the validity of particular emergency regulations for a set period of time, or until the officially declared state of emergency ceases to exist. The regulations extended by this second type of emergency legislation deal with matters in which the need to safeguard public security, the security of the State or maintenance of supplies and essential services is of an ongoing nature, for example, regarding security at schools, regulating travel between Israel and other countries with which Israel is in an official state of war; and supervision of sea-going vessels. See, e.g., Emergency (Guarding of Educational Institutions) Extension Law, 5734-1974; Emergency (Departure Abroad) Regulations Extension Ordinance, 5708-1948; Emergency (Supervision of Sea-going Vessels) Extension Law, [Consolidated Version], 5733-1973.
114. Finally, several laws have effect during an officially declared state of emergency, although they are enacted as a normal statute, and not pursuant to the above-mentioned enabling provisions. As a formal matter, then, these laws are not emergency legislation, properly so-called; nor, as a rule, do they create arrangements which impair the enjoyment of rights under this Covenant. See, e.g., Supervision of Goods and Services Law, 5718-1957.
115. Over the past 50 years, government ministers have used their authority to enact emergency regulations in a broad array of matters. Though a complete discussion of all emergency regulations enacted during this entire period would well exceed the scope of this report, the following examples may serve to indicate the nature and variety of such regulations:
(a) Regulations allowing for uninterrupted operation of specific types of institutions, professions and industries declared "essential", such as the courts, various civil service positions, government companies, doctors and other health professionals, social workers, flour mills, the national telecommunications company, the sole electric utility company, the petroleum and gas industries, educational personnel, etc.;
(b) Regulations providing for security protection in the schools;
(c) Regulations requiring the registration of certain manufacturing equipment and allowing for its employment by the State in times of national emergency;
(d) Regulations relating to the use of sea-going vessels;
(e) Regulations to redress the effects of fluctuations in foreign exchange rates;
(f) Regulations raising the maximum age of reserve military service;
(g) Regulations providing for lodging certain types of workers in hotels;
(h) Regulations for preventing fires in agricultural areas;
(i) Regulations, which remained in effect only for several days, requiring the national broadcast authority, whose employees were on strike at the time, to air campaign broadcasts from various political factions in the period prior to Knesset elections;
(j) Regulations allowing police authorities to post stake-outs on roofs of private houses;
(k) Regulations regarding the treatment of goods not redeemed from the offices of customs authorities;
(l) Regulations reducing the amount of water allotted for agricultural, industrial and domestic use.
116. Entrenchment of certain statutes against emergency legislation. Many, but not all, Basic Laws contain a provision which makes them invulnerable to alteration, modification or suspension by emergency regulations. For example, see section 44 of Basic Law: Knesset, section 25 of Basic Law: President of the State, section 53 of Basic Law: Government, section 22 of Basic Law: Judiciary. As these entrenchment provisions are themselves generally not susceptible to change by emergency regulations, laws containing them are thus not susceptible to change by the executive branch. In other cases, such as in Basic Law: Human Dignity and Liberty, duly enacted emergency legislation may deny or restrict rights so long as such denial or restriction is for a proper purpose, and for a period and to an extent that is no greater than necessary.
117. Judicial review of ministerial discretion. The scope of ministerial discretion in enacting emergency regulations, and in issuing orders pursuant to emergency legislation, admittedly has been quite broad. Any person injured by such orders or regulations may apply to the courts, and principally to the High Court of Justice, for relief against improper exercise of ministerial authority. Prior to the enactment of Basic Law: Human Dignity and Liberty, in 1992, and the entering into force of Basic Law: Government in June 1996, the extent of the Court's intervention in ministerial discretion under emergency legislation was generally rather limited, in view of the broad discretion granted by the general statutory enabling provision (sect. 9 (a) of the Law and Administration Ordinance), or by the specific statutory powers in cases of administrative detention and supervision of goods and services. It may be said, nevertheless, that the Court's jurisprudence in this regard developed over the years, culminating in a series of important decisions in which the Court nullified ministerial regulations or orders made under emergency powers. In Poraz v. the Government of the State of Israel, H.C.J. 2944/90, 44(3) P.D. 317, the High Court invalidated emergency regulations promulgated by the Minister for Construction and Housing, which bypassed existing statutory arrangements for building permits, in part on the ground that it was not necessary to employ emergency powers when it was possible to achieve the same purpose through the ordinary, if slower, legislative process.
118. Basic Law: Human Dignity and Liberty, enacted in 1992, which constitutes a charter of basic human freedoms, significantly enlarged the scope of judicial review of emergency regulations, and of official actions taken thereunder. Section 12 of this law provides as follows:
"12. Emergency regulations shall not have the power to alter this Basic Law, to suspend temporarily its force or to make it subject to conditions; however, when a state of emergency exists in the State by virtue of a proclamation under section 9 of the Law and Administration Ordinance, 5708-1948, emergency regulations may be promulgated by virtue of the said provision which may deny or restrict rights under this Basic Law, provided that such denial or restriction shall be for a proper purpose and for a period and to an extent that is no greater than required."
Among the rights protected by the Basic Law which are relevant for the non-derogation provisions of article 4 (2) of the Covenant, one may note the right to protection of life, body and dignity (sects. 2 and 4 of the Basic Law); the right to protection of personal liberty (sect. 5); and the right to privacy (sect. 7).
119. Judicial review: administrative detention. The Emergency Powers (Detention) Law, 5939-1979, gives the Minister of Defence and the Chief of General Headquarters of the Israel Defence Forces the authority to order the detention of a person if the Minister has reasonable grounds to presume that such detention is necessary for reasons of State security or public safety. The term of such detention, if ordered by the Minister of Defence, may be for a renewable period of up to six months; if ordered by the I.D.F. Chief of General Headquarters, it may be only for 48 hours, and may not be renewed. The statute ensures ongoing judicial review of the administrative detention order. First, the detainee must be brought before the President of a District Court, and the Court may approve the detention order, annul it or shorten the period of detention (sect. 4 (a) of the above Law). If the detainee is not brought before the Court within 48 hours, then he must be released. In addition, the Law requires a reconsideration of the detention order by the Court at least every three months; once again, if such a hearing is not held within the three-month period, then the detainee must be released, unless there is another lawful ground for his detention. All decisions of the President of the District Court are appealable to a single judge of the Supreme Court. Under section 4 (c) of the Law, the President of the District Court "shall annul the detention order if it is shown that the reasons for issuing the order were not proper reasons of State security or public safety, or if it was issued in bad faith or was based on improper considerations". The Court hears appeals of administrative detention orders in closed-door session, and is empowered not to disclose to the detainee or his attorney evidence if the court is convinced that disclosure is likely to compromise State security or public safety.
120. Administrative detention orders are frequently challenged in the courts. In some cases, the courts have nullified the orders, either due to technical flaws or when the purpose of the detention is found not to be strictly related to requirements of national or public security (see, e.g., A.D.A 1/82, Kawasme v. Minister of Defence, 36(1) P.D. 666, in which the detention order was voided when its actual purpose was to detain the appellant until the end of legal proceedings). The courts have interpreted their authority under section 4 (c) of the Detentions Law to include a thorough examination of the validity of the purpose for the detention, the propriety of the Defence Minister's considerations, and the degree of necessity for such a limitation on personal freedom (A.D.A. 2/86, Anonymous v. Minister of Defence, 41(2) P.D. 508).
121. Since the early years of Israel's statehood, administrative detention has been employed against Jews and Arabs who, according to evidence submitted by the Minister of Defence, are active members of organizations which aim to undermine Israel's existence or the safety of its citizens through terror operations and by other means. In 1994, following the murder of 29 Muslim worshippers at the Patriarch's Tomb in Hebron, and following the assassination of Prime Minister Yitzhak Rabin in November 1995, tens of persons known or alleged to be active in incitement against the Arab population or the Government were placed in administrative detention, or had restrictions on their freedom of movement imposed on them under the Defence (Emergency) Regulations. The cases involving restriction orders are discussed under article 12 below.
122. Given the severity of the threat to human life posed by terror attacks, and of other actions aimed at undermining Israel's very existence, as well as the exceeding difficulty in preventing such acts, the policy of the State of Israel has been that its use of administrative detention, when efficient criminal prosecution or other measures are not possible, is consistent with its obligations under article 4 of the Covenant, in light of the availability of substantive judicial review available under the restraining provisions of section 4 (c) of the Emergency Powers (Detentions) Law and section 12 of Basic Law: Human Dignity and Liberty. Israel's employment of administrative detention is not done in a manner that amounts to discrimination solely on the basis of race, colour, sex, language, religion or social origin. The de facto discrepancy between the numbers of administrative detainees from different ethnic groups clearly derives from the inter-ethnic nature of the violent conflict that has attended Israel's entire life as a State. So long as the actual purpose of administrative detention orders, based on evidence reviewed by the President of the District Court, is to protect national security or public safety, then the de facto discrepancy in the numbers of detainees, does not, in itself, entail impermissible discrimination.
123. Limitations on emergency powers. The larger question surrounding the discussion of Israel's emergency legislation is whether, and to what extent, the formal state of emergency may be ended or modified. Emergency legislation was initially intended to enable maintenance of crucial services and public order when a state of war or violent conflict might prevent or seriously impair the normal operation of governmental institutions and services; indeed, as mentioned above, section 9 of the Law and Administration Ordinance was enacted in precisely such circumstances. Israel's history, however, has been rather anomalous in this regard: on the one hand, the State and its citizens have been subjected without cease to a grimly real existential threat, to an ongoing state of war with some of its neighbours whose policies still aim at Israel's destabilization or destruction, to campaigns of political violence which continue to exact a dreadful toll, and to full-scale armed conflict six times in nearly 50 years. On the other hand, aside from those periods of all-out war, Israel's civil and governmental institutions generally function uninterruptedly in normal fashion in the midst of the continuing conflict. As a matter of political reality, Israel's need for a formal state of emergency will abate when it succeeds in concluding and implementing formal peace arrangements in the region.
124. As mentioned above under article 2, the Covenant has not been made a part of internal Israeli law by Knesset legislation. Under Israeli doctrine regarding the enforceability of conventional international law, as articulated in decisions of the Supreme Court (see, e.g., C.A. 25/55, Custodian of Absentee Property v. Samra et al., 10 P.D. 1825, 1829; H.C.J. 606/78, Ayub v. Minister of Defence, 33(2) P.D. 113), the courts may consider and interpret the provisions of international human rights covenants when a claim is made that internal law is in violation of Israel's obligations under such covenants, but the concrete disposition of rights in any particular case is based on principles contained in Israel's internal law. As a formal matter, then, the provisions of the Covenant cannot be invoked in any judicial proceeding to justify any restriction of or derogation from existing rights granted under Israel's internal law. In several instances, the Supreme Court has looked to international human rights covenants, including the present Covenant, as a potential indicator of customary international law, which is considered part of Israel's internal law. See, e.g., Cr.A. 174/54, Stampfer v. Attorney-General, 10 P.D. 5, 15. But in no instance has the Court determined that the custom reflected in international human rights instruments justifies limitation of existing rights.
125. During the course of Israel's life as a State, the courts have built an edifice of human rights founded on the fundamental principle of statutory interpretation under which human rights must be given their full weight when they come into conflict with other legitimate values or interests, and that only when the competing interest is at least of equal weight with the human right, and it is impossible to realize both of them, may the human right be impaired. (H.C.J. 73, 87/53, Kol Ha'am v. Minister of Interior, 7 P.D. 871; H.C.J. 680/88, Schnitzer v. Chief Military Censor, 42(4) P.D. 617). The principle of non-derogation from human rights was codified in the limitation clause (sect. 8) of Basic Law: Human Dignity and Liberty, which prohibits any restriction of the rights articulated therein except by a statute which befits the values upheld by the State of Israel, and is intended for a proper purpose, and such derogation must be only to an extent no greater than necessary. These firmly entrenched principles of narrow construction of any legislation or official act tending to impair human rights are binding on all official authorities. By their nature, they are antithetical to any derogation from existing rights based on the argument that the Covenant does not recognize such rights or recognizes them to a lesser extent.
Measures to reduce the threat of war
126. The State of Israel has made diplomatic achievements of historic importance aimed at reducing the state of war and violent conflict with other States in the region and with its Palestinian Arab neighbours. The peace agreement signed with Egypt in 1979, the peace agreement with the Hashemite Kingdom of Jordan signed in 1994, and the series of agreements with the PLO, including the Declaration of Principles on Interim Self-Governing Arrangements signed in Washington, D.C., on 13 September 1993, and the Israeli-Palestinian Interim Agreement on the West Bank and the Gaza Strip, signed in Washington, D.C., on 28 September 1995; are the major landmarks in Israel's pursuit of comprehensive arrangements that will ultimately eliminate the threat of war in the region. These bilateral agreements, and the larger process of which they form a part, bear a crucial import for the fulfilment of the provisions of this article. Israel's support of United Nations peacekeeping forces in Lebanon, in the Golan Heights and in the Sinai Peninsula may also be noted in this regard.
Reduction of infant mortality, epidemics and malnutrition
127. Under the National Health Insurance Law, 5755-1995, all residents are granted basic health care by right, regardless of ability to pay. Health care is generally organized through several health funds. In addition, the Ministry of Health and municipal governments subsidize health care for infants at drop-in mother-and-child-clinics, called tipat halav, which provide basic care and monitoring of the infant's development. Recent statistics indicate that over 90 per cent of infants under one year of age, in all sectors of the population, receive a basic battery of immunizations. During the years 1993 to 1995, between 91 and 94 per cent of Jewish infants, and between 93 and 98 per cent of non-Jewish infants were immunized against diphtheria, pertussis, tetanus, measles and poliomyelitis.
128. Israel's infant mortality rate fell by almost half between 1983 and 1996, when the rate stood at 6.8 deaths for every 1,000 live births (5.5 deaths among Jewish newborns, 9.9 deaths among non-Jewish newborns). The precipitous decrease in infant mortality over the last quarter decade, and the causes for such deaths, are shown in the following tables:
129. Most cases of infant mortality occur within the first week of life. As the table above indicates, despite the dramatic drop in infant mortality in both the Arab and the Jewish sectors of the population, there remains a significant gap between the infant mortality rates in the Arab and Jewish sectors. Statistical analysis completed in 1992 regarding infant mortality rates in municipalities around the country found that the nine cities with the highest infant mortality rates (ranging from 16.8 to 24.6 per cent) were localities in which the majority of the population is Arab. A breakdown of infant deaths according to recorded causes generally parallels the substantial decline in overall infant mortality and indicates a lingering discrepancy in the frequency of certain particular causes between the Jewish and non-Jewish populations. As may be discerned from the following table, the frequency of non-Jewish infant deaths due to intestinal infectious diseases and pneumonia declined most dramatically over the 25-year period between 1970 and 1995, from a level several times higher than that among the Jewish population to essentially the same level. During the same period, the rate of infant deaths caused by congenital abnormalities, while decreasing 35 per cent in the non-Jewish population, remained substantially higher than that in the Jewish population, which declined 61 per cent over the same period.