******************************************************************************
This document has been posted online by the Division for the Advancement of
Women, DPCSD. Reproduction and dissemination of the document - in electronic
and/or printed format - is encouraged, provided acknowledgement is made of the
role of the United Nations in making it available.
******************************************************************************
UNITED
NATIONS
Distr.
GENERAL
CEDAW/C/ISR/1-2
8 April 1997
ORIGINAL: ENGLISH
COMMITTEE ON THE ELIMINATION OF
DISCRIMINATION AGAINST WOMEN
(CEDAW)
CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES UNDER
ARTICLE 18 OF THE CONVENTION ON THE ELIMINATION OF ALL
FORMS OF DISCRIMINATION AGAINST WOMEN
Initial and second periodic reports of States parties
ISRAEL*
* This document has not been edited.
Introduction
Israel ratified the Convention on the Elimination of All Forms of
Discrimination Against Women on October 3rd, 1991. The following is the
Combined Initial and Second Report submitted by Israel to the Committee on the
Elimination of Discrimination against Women. The Report was commissioned by
the Ministry of Justice and the Ministry of Foreign Affairs.
The Report was prepared by: Dr. Ruth Halperin-Kaddari
Bar-Ilan University Faculty of Law
Managing Coordinator: Ms. Atara Kenigsberg, Adv.
Research Assistants: Ms. Lila Margalit, Ms. Skaidrit Bateman,
Ms. Elisa Schwartz, Ms. Naama Heller-Tal,
Mr. Shamai Leibowitz, Mr. Yehudah Bendekovski
(Computer Technician)
Editor: Dr. Susan Kahn
The aim of this Report is to give a comprehensive description of the legal and
sociological situation of women in Israel. Accordingly, each chapter will be
divided into legal and sociological sections. The detailed questions which
formulated by the Internatioal Women's Rights Action Watch guided this Report,
and will be addressed to the Israeli context.
During the course of the extensive research that was required for the
production of this Report; all government ministries, as well as other
relevant government institutes, were requested to supply information and data
concerning their areas of operation. The information contained in the Report
relies heavily on the materials supplied by the various ministries and
institutes, as well as on information supplied by NGOs, and on other
independent and academic research.
NGOs were significantly involved in the preparation of this report. All the
major NGOs that deal with women's rights and women's status in Israel were
contacted at the initial stages of the work. The organizations were asked to
provide information about their activities, and to offer help in their areas
of specialization. In addition, the preparation of this report was announced
to the Feminist Conference in October 1996, in which all feminist
organizations in Israel participated. Furthermore, an announcement about this
project and an appeal for help in obtaining information was placed in the
Israel Women's Network newsletter, which reaches over 1500 readers.
TABLE OF CONTENTS
Background Facts and Figures Israel About Israel
1. Land and People 6
1.1. Geography 6
1.2. Demographics 6
1.3. The Economy 6
1.4. Language 7
2. General Political Structure 7
2.1. Recent History 7
2.2. Structure of Government 8
3. The Judiciary 10
4. Basic Laws 11
5. The State Comptroller 11
ARTICLE 1 Definition of Discrimination Against Women 13
1. The Constitutional Level 13
2. Equal Rights Legislation 14
3. Judicial Development of the Right to Equality 15
4. The Elimination of Discrimination in the Private Sphere 15
4.1. The UN Convention's Internal Applications and Standing 17
ARTICLE 2 Obligations to Eliminate Discrimination 19
1. Legal Provisions 19
2. Legal Recourse Available for the Pursuit of Women’s Rights 20
3. Governmental Machineries, Mechanisms and Measures Established
to Promote the Status of Women 21
3.1. Investigative and Study Initiatives by the Government 21
3.1.1. General Examination of the Overall Status of
Women in Israel 21
3.1.2. Examination of Women’s Status in Civil-Service 22
3.2. Specific Mechanisms Implemented for the Improvement
of the Status of Women 23
3.2.1. The Prime-Minister's Advisor on the Status of Women 23
3.2.2. The statutory Authority's functions, as set in the
proposed bill, will include: 24
3.2.3. The Knesset Committee for the Advancement of the
Status of Women 24
3.3. Governmental Performance in Civil-Service 26
3.4. Mechanisms for the Advancement of Women in Specific
Government Ministries 27
3.5. Measures Taken on the Municipal Level 28
ARTICLE 3 The Development and Advancement of Women 30
1. Non-Governmental Women's Organizations in Israel 30
1.1. Introduction 30
1.2. Jewish Women's Organizations 30
1.3. Organizations for the Advancement of Arab Women 32
1.3.1. Arab Organizations for the Promotion of Women 32
1.3.2. Other Organizations Which Promote Arab Women 34
1.4. Associations of Women's Organizations 34
ARTICLE 4 Acceleration of Equality Between Men and Women 36
1. Affirmative Action 36
1.1. Affirmative Action in Government Corporations 36
1.2. Affirmative Action in the Civil Service 37
1.3. Public Perceptions Regarding Affirmative Action 38
1.4. Affirmative Action in Other Areas 38
2. Special Measures Aimed at Protecting Maternity 38
ARTICLE 5 Sex Roles and Stereotyping 40
1. Introduction 40
2. Women Employed in the Media 40
2.1. Rank of Women’s Positions 42
3. Women and Media in Israel 44
3.1. Representation of Women in the Media 44
3.2. Content Relevant to Women 44
3.3. Advertising 45
3.4. Women and Crime 45
3.4.1. Women as Criminals 46
3.5. Equal Language in Television 46
3.6. Campaign Advertisements and Representation of Women 47
3.6.1. Limited Coverage 47
3.6.2. Content of the Representation 47
3.7. Women as Agents of Change 48
3.8. Media Campaigns Against Violence Against Women 48
3.8.1. Ezrat Nashim - To Increase Awareness of Help Centers 48
3.8.2. The Prime Minister’s Campaign 49
3.8.3. Other Programming 49
4. Pornography 49
5. Women and Religion in Israel 51
5.1. Women of the Wall 51
6. New Immigrants from the Former USSR 52
6.1. Typical problems facing new female immigrants: 53
6.1.1. Lack of employment: 53
6.2. Single parent immigrant families from the former USSR: 55
6.2.1. Introduction 55
6.2.2. Employment in Israel 56
6.2.3. Financial Status 56
6.2.4. Aid for Single Parent Immigrant Families 57
7. Violence Against Women 57
7.1. Sexual Violence--Legal Aspects 57
7.1.1. The Penal Law Today 57
7.1.2. The Shomrat Case 59
7.1.3. The Element of Consent and Issues of Evidence 61
7.1.4. Sex Crimes Against Family Members 62
7.2. Family Gender-Based Violence--Legal Aspects 62
7.2.1. Other Recent Legislative Amendments 65
7.2.2. Spousal Murder 66
7.3. Extent of the Phenomenon of Sexual Violence Against Women 66
7.3.1. Police Handling of Sex Crimes Against Women 70
7.3.2. Prosecutorial Policy Regarding Sexual Violence Against
Women 71
7.3.3. Sentencing for Sex-Crimes 71
7.3.4. About the Help Centers 72
7.3.5. Funding of the Help Centers 72
7.4. Extent of the Phenomenon of Domestic Violence 73
7.4.1. Police Handling of Domestic Violence 73
7.4.2. The Be'er Sheva Model 76
7.4.3. 1993 - Today 77
7.4.4. Statistical Data on Current Police Practices Regarding the
Handling of Domestic Violence Cases 78
7.4.5. Prosecutorial Policy Regarding Victims of Domestic
Violence 78
7.4.6. Centers for the Treatment and Prevention of Domestic
Violence 79
7.4.7. Shelters for Battered Women 80
7.4.8. Hotlines 80
7.4.9. Coverage of Medical Treatment 81
7.4.10. Future Services to be Provided 81
ARTICLE 6 Suppression of the Exploitation of Women 82
1. General 82
2. The Legal Framework 82
3. Evaluation of the Actual Situation 85
4. Involvement of Minors in Prostitution 86
5. Social Attitudes Towards Prostitutes 87
5.1. The Connection between Prostitution and Women’s Criminality
(Mainly Drugs) 87
6. Rehabilitation Programs for Women and Girls in Distress 87
ARTICLE 7 Political and Public Life 89
1. The Right to Vote and Be Elected 89
1.1. Voting Patterns 89
2. Women as Members of Political Parties 90
2.1. Party Membership and Voting 90
2.2. Public Awareness of Women Candidates 91
2.3. Securing Places for Women 92
3. Women's Representation in the Knesset 92
3.1. Women as Knesset Members 93
4. Women in Government 93
5. Women in Local Authorities 93
6. Women in the Civil Service 94
6.1. Ranks of Women in the Civil Service 94
6.2. Tenders in the Civil Service 95
7. Women in Public Institutions 96
7.1. In the General Labor Union (Histadrut) 96
7.1.1. Resolution Securing Equal Representation for Women 96
7.2. Workers' Committees and Labor Councils 97
8. The Judiciary 97
9. Representation in Religious Bodies 98
9.1. Rabbinical Courts 98
9.2. Municipal Religious Councils 98
10. Government Corporations 99
11. Women's Political Activism 100
12. Women in the Security Forces: Military and Police 102
12.1. The Legal Framework 102
12.1.1. The Miller Case 103
12.2. Women and Men in the Military--Some Data 104
12.2.1. Women and Men Officers 105
12.2.2. Distribution of Men and Women among Jobs in the
Military 108
12.3. Interaction Between the Military and Civilian Life 111
12.4. The Chen--Women’ Corps 112
12.5. Sexual Harassment in the Army 113
12.6. Women in the Police 114
ARTICLE 8 International Representation and Participation 115
1. General 115
2. Details on Women's Representation 115
3. Women Representatives to International Organizations 117
ARTICLE 9 Nationality 119
1. Citizenship 119
2. Residency 120
ARTICLE 10 Education 122
1. General and Legal Introduction 122
2. Illiteracy Rates and Educational Levels 124
3. High Schools in Israel 126
3.1. Basic Description of the School System and the Opportunities
Available to Students in High Schools 126
3.2. General and Technological / Vocational Tracking 128
3.3. Matriculation Levels 129
3.4. Education Rates, Attendance Rates and Drop-Out Rates 130
4. Talented and Gifted Children 132
5. Classroom Interaction and Teacher- Student Relationships 133
6. Activities and Educational Programs Adopted by the Ministry of Education
in Order to Prevent Discrimination 133
6.1. Gender Stereotypes Within School Books 133
6.2. Other Instructions and Intervention Programs of the Ministry of
Education Which Aim to Prevent Discrimination 134
6.3. Young Leadership Programs in Schools 136
7. Sex Education and Education on Family Life 136
8. The State Religious Education 136
9. Teachers 137
9.1. Teaching- as a Feminine Profession 137
9.2. Teacher's Salaries 141
9.3. Administrative Positions. 141
10. Physical Education and Sports 143
11. Higher Education 146
11.1. Women as Students 146
11.1.1. Opportunities 146
11.1.2. Percentages of University Students and Graduates 146
11.2. Average Age at Which Students Receive Each Degree 148
11.3. Non-University Higher Education 149
11.4. Minorities in Higher Education 150
11.5. Women in the Academic Staff 150
11.5.1. Percentage of Women Among the Academic Staff 150
11.6. Percentages of Women in Various Departments 153
11.7. Activities to Improve the Situation 153
12. Adult Education 153
ARTICLE 11 Employment 155
1. Legislative Measures 156
1.1. Protections Against Discrimination 156
2. Women's Health and Employment 159
3. Pregnancy and Maternity Leave 160
3.1. Fertility Treatment and Medical Absences During Pregnancy 160
3.2. Maternity Leave 161
3.2.1. High Risk Pregnancy Leave 161
3.2.2. Unpaid Leave of Absence 162
3.2.3. Permitted Absences Upon Return to Work 162
3.2.4. Dismissal 162
4. Parenthood 162
5. Affirmative Action 163
6. Social Security Benefits 163
6.1. The National Insurance Law (New Version)-1995 163
7. Taxes 164
8. Employment of Women - Data and Analysis 164
8.1. Women in the Labor Market 165
8.1.1. Women's Participation in the Workforce 165
8.2. Work Patterns 168
8.3. Unemployment 171
8.4. The Careers of Women: Levels and Salaries 172
8.4.1. Women's Occupational Distribution and Gender
Segregation 172
8.5. The Glass Ceiling 177
8.6. Salary and Earning Gaps 178
9. Vocational and Professional Training for Women 181
10. Childcare 184
11. Enforcement of Employment Legislation 187
11.1. The Department of Supervision of Labor Laws of the Ministry of
Labor and Welfare 187
11. 2. The Department of Labor Law Enforcement 187
11.2.1. The Equal Employment Opportunities Law 187
11.2.2. Minimum Wage Law 188
12. Women's Employment among the Arab Population in Israel 189
12.1. Trends in Occupations in Arab Villages 189
12.2. Workforce Size and Unemployment Rate 190
12.3. Causes for Unemployment 191
12.4. Differences in Employment Patterns Amongst Single & Married Arab
Women 192
ARTICLE 12 Equality in Access to Health Care 195
1. Introduction 195
2. The Legal Framework 195
2.1. Introduction 195
2.2. The National Health Insurance Law 196
2.2.1. Universal Coverage Under the National Health Insurance
Law 196
2.3. The Health Tax 197
2.4. Equality in Health Care 197
2.4.1. Eligibility 197
2.4.2. Differences in Needs as a Barrier to Equality in
Israel 197
3. Special Health Services for Women 198
3.1. Pre/Post Natal Services: Mother-Child Clinics 198
3.2. Delivery Rooms and Maternity Wards 198
3.3. Women's Health Clinics 199
3.4. Geriatric Services 199
4. Family Planning Among Israeli Women 199
4.1. Legal Abortions 199
4.2. Abortion rates 200
4.3. Illegal Abortions 203
4.4. Pronatalism and Family Planning in Israel 203
4.5. Hysterectomies 204
5. Fertility Rates, Treatments, and Services 204
5.1. Birth Rates and Fertility Rates 204
5.2. Fertility Treatments and Services 206
6. Life Expectancy 207
7. Mortality Rates and Causes of Death 208
7.1. Infant Mortality Rates 208
7.2. Maternal Mortality Rates 209
7.3. Standardized Mortality Rates 209
7.4. Causes of Death 210
7.5. Breast Cancer Among Israeli Women 210
7.6. Mammograms 211
8. Hospitalization 212
9. Violence as a health factor 213
10. AIDS 213
11. Women in Health care 214
11.1. Women in Medical School 214
11.2. Women as Medical Personnel 214
12. Arab Women and Health Services 215
12.1. Health Care Services offered to Arab Women 216
12. 2. Life Expectancy and Causes of Death Among Arab Women 217
12. 3. Infant Mortality Rates among Arab Newborns 217
12. 4. Fertility and Family Planning 219
ARTICLE 13 Social and Economic Benefits 220
1. Women in the Economy 220
1.1. Women as Members on Boards of Israeli Companies 220
1.2. Attitude of Women Directors 221
1.3. Women in Small Businesses 221
2. Social Benefits and the Welfare State in Israel 223
2.1. The National Insurance Institute 223
2.2. Social Benefits 223
2.2.1. Maternity Grant 223
2.2.2. Old Age Pension and Survivor's Benefit 224
2.2.3. Longterm Care Insurance 224
2.2.4. Unemployment Benefits 224
2.2.5. Children's Allowances 225
2.2.6. Alimony Payments 225
2.3. Poverty of Women 225
2.3.1. Single Parent Families 227
2.3.2. Poverty among the Elderly 228
2.4. Combating Poverty 228
2.4.1. Income Support 228
ARTICLE 14 Rural Women 229
1. Bedouin Women 230
1.1. Introduction 230
1.2. Family 230
1.3. Israel's Influence on the Bedouin Social Structure 230
1.3.1. The Rise in Polygamous Marriages 230
1.3.2. Modernization as a Bane to the Status of Bedouin women 231
1.4. Employment 232
1.5. Education 232
1.6. Ritual Female Genital Operations (Female Circumcision) 233
1.7. Organizations for the Advancement of Bedouin Women 234
1.8. Health 234
1.9. Violence Against Bedouin Women 235
2. Women on the Kibbutz 235
2.1. The Myth of Equality 235
2.2. A Woman's Role in the Kibbutz 236
2.2.1. Education 236
2.3. Employment 237
2.4. Appointment of Men and Women to Public and Political Positions on
the Kibbutz 238
ARTICLE 15 Equality Before the Law and in Civil Matters 240
1. Legal Capacity of Women 240
2. Gender-Specific Legal Concepts 240
3. Equal Participation of Women in the Courts-System 241
3.1. Gender Bias in the Courts 242
3.1.1. Special Study of Gender Bias in Israeli Courts 242
3.1.2. Main Findings of the Study 242
3.1.3. Workshops on Gender Bias for Judges 243
ARTICLE 16 Equality in Marriage and Family Law 244
1. Introduction 245
2. Reservations to Article 16 245
3. Some Demographic Data 245
4. Non-Marital Cohabitation 247
5. Minimum Marital Age 249
6. Bigamy 250
7. Parents and Children 251
7.1. Child Custody 251
7.2. Paternity and Unwed Mothers 252
7.3. Child Support 252
8. Married Women’s Legal Status with Respect to Property Acquisition and
Division of Marital Property upon Marital Breakdown 253
9. Law of Inheritance 253
10. Names law 254
11. Single Mothers 254
12. New Reproductive Technologies and Surrogacy 255
Selected Bibliography 257
Background Facts and Figures About Israel
1. Land and People
1.1. Geography
With Lebanon to the north, Syria to the northeast, Jordan to the east, Egypt
to the southwest and the Mediterranean Sea to the west, Israel's area, within
its boundaries and ceasefire lines, is 10,840 square miles (27,800 sq. km.).
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.
1.2. Demographics
As of June 1996, the total population of Israel numbered 5,685,500 of
whom 4,598,300 were Jews and 1,087,500 were non-Jews. According to the
latest figures available for the demographic breakdown of the non-Jewish
population in Israel December 1994), at that time 781,500 were Moslems,
157,300 were Christians (Catholic, Protestant and Orthodox) and 91,700 were
Druze.
The birthrate in 1995, was 21.1 per thousand while the infant mortality rate
was 6.8 per thousand. 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 thousand. 29.7% of the population was aged 14 or younger while
9.5% of the population was aged 65 or older.
Israel has a literacy rate of over 95%.
1.3 The Economy
Israel's Gross Domestic Product (GDP) in 1995 was 261.11billion New Israeli
Sheqel (NIS) (approximately $85billion). GDP per capita was approximately
46,750 NIS (approximately $15,000). The external debt was $44.28billion.
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.
1.4 Language
Hebrew and Arabic are the primary languages of instruction in compulsory
education and either 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.
2. General Political Structure
2.1 Recent History
The State of Israel was founded on May 15, 1948. Israel represents the
culmination of almost two thousand years of longing 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.
Major events in Israel's history include its establishment and subsequent War
of Independence (1948), the Six Day War of June 1967 and the Yom Kippur War
of October 1973. In the words of Israel's Declaration of Independence, the
State "extend(s its) hand to all neighboring states in an offer of peace and
good neighbourliness".
In 1977 the late President of Egypt, Anwar Sadat, became the first Arab
head of state to visit Israel. In 1979 a formal Treaty of Peace was signed
between Israel and Egypt. The Madrid Peace Conference was convened in
October, 1991. It was the first time that Israel, Syria, Lebanon, Jordan and
the Palestinians met in an open and public setting for the specific purpose
of negotiating peace. In September 1993 Israel and the PLO signed the
Declaration of Principles in Washington DC, and in November 1994, Israel and
Jordan concluded a peace treaty formally ending 46 years of conflict.
2.2 Structure of Government
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.
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 President, Nasi in Hebrew, is the head of state and his office
symbolizes the unity of the state, above and beyond party politics.
Presidential duties, which are primarily ceremonial and formal, are defined
by law. Amongst 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, who may serve two consecutive terms, is elected every five
years by a simple majority of the Knesset from among candidates nominated
on the basis of their personal stature and contribution to the state.
The Knesset is the House of Representatives of the State of Israel; its
main function is to legislate. It took its name and fixed its membership
at 120 from the knesset hagedolah (great assembly), the representative
Jewish body convened in Jerusalem by Ezra and Nehemiah in the 5th century BCE.
.
Elections for the Knesset and for the Prime Minister are held
simultaneously. They are secret, and the entire country constitutes a single
electoral constituency.
The Prime Minister is elected directly by popular vote. 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.
Knesset seats are assigned in proportion to each party's percentage of
the total national vote. A party's surplus votes, which are insufficient
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.
The Knesset operates in plenary sessions and through 12 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 Labor and
Welfare Committee; the Constitution, Law and Justice Committee, the
Immigration and Absorption Committee; the State Control Committee; the
Committee on the War Against Drug Addictions; and the Committee for
Advancing the Status of Women.
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 are conducted in Hebrew, but
members may address the house in Arabic, as both are official state languages;
simultaneous translation is available.
The Knesset is elected for a tenure of four years, but may dissolve
itself or be dissolved by the Prime Minister before the end of its term.
Until a new Knesset is formally constituted following elections, full
authority remains with the outgoing government.
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.
The ministers are responsible to the Prime Minister for the fulfillment of
their duties and 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.
The number of ministers including the prime minister, may not exceed
eighteen, nor be less than eight. At least half of the ministers must
be Knesset members, but all must be eligible candidates 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.
3. The Judiciary
The absolute independence of the judiciary is guaranteed by law. Judges
are appointed by the president, upon recommendation of a special nominations
committee comprised of supreme court judges, members of the bar, and public
figures. Judges' appointments are for life, with mandatory retirement at age
70.
Magistrates' and District Courts exercise jurisdiction in civil and criminal
cases, while juvenile, traffic, military, labor and municipal appeal
courts each deal with matters coming under their jurisdiction. There is no
trial by jury in Israel.
In matters of personal status such as marriage, divorce, maintenance,
guardianship and the adoption of minors, jurisdiction is vested in the
judicial institutions of the respective religious communities: The
rabbinical court, the Moslem religious courts (sharia courts), the
religious courts of the Druze and the juridical institutions of the nine
recognized Christian communities in Israel.
The Supreme Court, located in Jerusalem, has nationwide jurisdiction.
It is the highest court of appeal on rulings of lower tribunals. In its
function as a high court of justice, the Supreme Court hears petitions
against any government body or agent, and is the court of first and last
instance.
Although legislation is wholly within the competence of the Knesset, the
Supreme Court can and does call attention to the desirability of
legislative changes; as the High Court of Justice, it has the authority
to determine whether a law properly conforms with the Basic Laws of the state.
4. Basic Laws
Israel has no formal constitution. However, most chapters of the
prospective constitution have already been written, and enacted as Basic
Laws. The following are the Basic Laws of the State of Israel:
The Knesset (1958)
State Lands (1960)
The President (1964)
The State Economy (1975)
The Israel Defense Forces (1976)
Jerusalem (1980)
The Judicature (1984)
The State Comptroller (1988)
Human Dignity and Liberty (1992)
Freedom of Occupation (1992)
The Government (1992)
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 of them, from the inclusion of "entrenched clauses" whereby a special
majority is required to amend them.
5. The State Comptroller
The State Comptroller carries out external audits and reports on the
legality, regularity, economy, efficiency, effectiveness and moral
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 State
Comptroller's Office. Since 1971, the State Comptroller also fulfills the
function of Public Complaints Commissioner (ombudsman) and serves as an
address for any person to submit complaints against state and public bodies
which are subject to the audit of the comptroller.
The State Comptroller is elected by the Knesset in a secret ballot for
a five-year term of office. The Comptroller is responsible 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 carries out his/her activities in contact with
the Knesset Committee for State Audit Affairs.
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 defense establishment, local authorities,
government corporations, state enterprises, and other bodies or
institutions declared subject to audit.
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.
ARTICLE 1
Definition of Discrimination Against Women
For the purposes of the Convention, the term "discrimination against women"
means any distinction, exclusion, or restriction made on the basis of sex
which has the effect or purpose of impairing or nullifying the recognition,
enjoyment, or exercise by women, irrespective of their marital status, on a
basis of equality of men and women, of human rights, and fundamental freedoms
in the political, economic, social, cultural, or any other field.
1. The Constitutional Level
Israel did not adopt a written constitution upon its establishment. Instead,
it has chosen to enact "Basic Laws." In 1992, Israel enacted two new Basic
Laws, which addressed human rights guarantees: 1) Basic Law: Human Dignity and
Liberty;
2) Basic law: Freedom of Occupation. Many jurists in Israel, Chief Justice
Barak central among them, refer to these two new basic laws as a
"semi-constitution," and identify them as the beginning of the judicial review
process in Israeli law, meaning that courts now have the power to strike down
legislation that violates basic rights guaranteed by the two Basic Laws and
which does not fulfill the requirements of the limitations clause in those
laws.
The right to equality is not mentioned specifically as one of the basic rights
in the Basic Laws. The source of this omission is the subject of debate among
scholars. Some scholars attribute this omission to the problematic history of
the right to full-equality in Israeli law due to religious considerations, as
will be explained below. However, the more common opinion is the one advanced
by Chief Justice Barak, namely that the scope of the basic right to
human-dignity is very broad and encompasses various unenumerated human rights,
such as the right to equality. This interpretation was approved in a number of
Supreme Court cases.
2. Equal Rights Legislation
The constitutional level is but one level of normative regulation. In addition
to this level, other legal sources for the creation of human rights exist, and
these levels have special significance in Israel due to the lack of a written
constitution. First and foremost is Israel's "birth certificate," the
Declaration of Independence, which was one of the first of its kind to include
sex as a group classification for the purpose of equal social and political
rights. The document states: "The State of Israel will maintain equal social
and political rights for all citizens, irrespective of religion, race or sex."
Although lacking any constitutional force, this document has been interpreted
by Israeli courts in such a way that often makes it very close to a
constitutional document with constitutional powers.
The first significant legislative effort to implement the principle of gender
equality was the enactment of the Women's Equal Rights Law - 1951. The law
states in section 1 that one law applies to men and women regarding "any legal
action," and that any law that discriminates against a woman as such shall be
null and void. The law also equates the legal status of women to that of men.
However, as an ordinary statute, this law does not carry any constitutional
weight and any subsequent statute prevails over it. Furthermore, even though
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 excludes the area of marriage and divorce from its jurisdiction. For
political- religious reasons, this marriage and divorce exclusionary rule was
an a priori condition to the enactment of the law.
Although it lacks constitutional force and can theoretically be revoked by
subsequent legislation, the Women's Equal Rights Law - 1951 was given great
symbolic value in several Supreme Court cases in which it was labeled "an
ideological law, revolutionary, a change of social structure." In many recent
Supreme Court cases it was termed as "a majestic legislation."
The Women's Equal Rights Law - 1951 guaranteed equal rights mainly in the
public sphere. It referred primarily to the government and to its delegates,
and not to private actors in the private sphere. This omission, however, was
at least partly repaired by two complementary initiatives, from the
legislature and from the judiciary. The legislative effort centered on the
area of employment, in both the public and the private sector. Judicial
developments supplemented that and enhanced the notion of substantive
equality.
3. Judicial Development of the Right to Equality
The judicial contribution in this area is part of an extremely broad effort
undertaken by the Israeli Supreme Court, which began during the formative
years of Israel's legal system. Lacking a written constitution, the Supreme
Court assumed the responsibility for developing an "unwritten Bill of Rights,"
in which the right to equality and women's rights held an honorary position.
The principle of gender equality was declared in the case law to be a
fundamental tenet of the Israeli legal system. Like other "unwritten
fundamental rights," Knesset legislation which contradicted it could prevail,
but it was considered to be of supreme value to secondary legislation, such as
administrative regulations and policies. If such practices contradicted the
principle of gender equality they could be invalidated by the High Court of
Justice, as indeed some of them were. Thus, for example, women were accorded
the right to serve on religious municipal councils, and to become members of
the election-committee of the municipal rabbi.
Lacking a statutory codification of the general right to equality, except for
the Women's Equal Rights Law - 1951, the legal definition of equality and its
inverse - discrimination, is found mainly in Israeli case law, and in
scattered legislative expressions of the right to equality. Although most of
the early cases suggest the implementation of a formal Aristotelian theory of
equality, some clearly adopt the concept of substantive equality. Thus, the
current legal definition of discrimination evidently fits that of the
Convention.
4. The Elimination of Discrimination in the Private Sphere
It is unclear whether discrimination by private institutions and individuals
is included in the legal definition of discrimination. Answers need to be
deduced from the overall legal framework, including legislation and case law
that involve women's rights.
First, the application of the principle of gender equality to private
institutions and individuals is part of a larger legal framework known as "the
privatization of constitutional norms." The central question here is whether
constitutional rights and norms apply equally to relationships between
individuals and to the relationships between the government and individuals.
In the past few years there has been a growing judicial tendency to apply
principles and norms that were developed and recognized in the public sphere
to the private sphere. This is particularly true when the "private" sphere
contains such "hybrid" entities whose nature could be characterized as both
public and private.
Following the Equal Employment Opportunities Law - 1988, which prohibits all
forms of discrimination in the workplace, the question of whether the
principle of equality applies to the private sphere was resolved with respect
to labor market relations. Thus, for example, a Moshav (cooperative
settlement), was ordered to abide by the constitutional principle of equality
and not to discriminate against women in denying them the possibility of
being recognized as "heads" of families. These occasional precedents should
be viewed together with other cases that prohibited discrimination by private
organizations on other grounds, such as nationality, ethnicity, or sexual
orientation. When taken together, one can conclude that there is a consistent
trend toward broader application of the right to equality and
non-discrimination in the private sphere, while its protection depends on the
specific balance between this right and the weight of the rights that may be
understood to oppose it.
As to whether domestic violence and battered women are also included under the
legal definition of discrimination, legislation that deals with aspects of
violence against women suggests that this phenomenon is conceptualized as part
of larger legislative concerns about discrimination on the basis of gender.
This conclusion is supported, for instance, by themes expressed in the 1996
report issued by the Parliamentary Inquiry Commission on the question of
Murder of Women by their Spouses (see Article 5). The report specifically
states that the murder of women, and all forms of violence against women,
can be understood as expressions of more general discrimination against women
in Israeli society.
As to the question of gender discrimination in the domestic sphere, this
sphere has been subject to intense regulations that affect women's status.
These regulations, such as the Spouses (Property Relations) Law - 1973; the
Prevention of Violence in the Family Law - 1991; and to some degree the
Women's Equal Rights Law - 1951, are all attempts of the civil legal system
which suggest that the domestic sphere is not subject to laws which address
gender equality.
4.1.
The UN Convention's Internal Applications and Standing
Israel follows the dualistic approach to international law, whereby
international law does not automatically become the law of the country,
unless it is customary law. Where conventional law is concerned, it becomes
part of the law of the country only insofar as it is incorporated into the
local system. Otherwise, although it is binding upon the State on the
international level, it cannot be enforced through the local judicial system.
However, that is not to suggest that conventional law has no effect on the
internal level. It serves as an interpretive tool, and in this capacity it
serves as a guideline for monitoring State activities. Thus, there is a
presumption that unless otherwise specifically indicated by the legislator,
local law must conform to conventional law in force for Israel. Consequently,
while CEDAW has no formal status under internal Israeli law, its directives
function as an interpretive guide. Indeed, the fact that the UN Convention
was ratified in 1991 and the human-rights Basic Laws were enacted in 1992
should be understood to be significantly related, for the Convention clearly
had influence on the legislation of the Basic Laws. However, it is only in
recent years that the Convention has begun to be invoked in Israeli law-review
articles and in Israeli academic circles. It is hoped that these developments
will soon reach the judiciary and the legislature.
As mentioned above, there are already several expressions of judicial
conjecture regarding gender-equality and discrimination which are in complete
conformity with the definitions set in the Convention. The stage is thus set
for a more consistent, admissible use of the Convention itself in the
legislature and judiciary.
No statutory or other kind of mechanism has yet been set to monitor the
implementation of the Convention. However, the proposed Authority for the
Advancement of Women Bill - 1996 specifically calls for the establishment of
such a mechanism, as a central part of the Authority's other roles and powers.
If this bill is passed, then a major advancement in securing women's rights
and eliminating any gender discrimination will have been achieved.
ARTICLE 2
Obligations to Eliminate Discrimination
State parties condemn discrimination against women in all its forms, agree to
pursue, by all appropriate means and without delay, a policy of eliminating
discrimination against women and, to this end, undertake:
a) To embody the principle of equality of men and women in their national
constitutions or other appropriate legislation if not incorporated therein,
and to ensure, through law and other appropriate means the practical
realization of this principle;
b) To adopt appropriate legislative and other measures, including sanctions
where appropriate, prohibiting all discrimination against women;
c) To establish legal protection of the rights of women on an equal basis with
men and to ensure through competent national tribunals and other public
institutions the effective protection of women against any act of
discrimination;
d)To refrain from engaging in any act or practice of discrimination against
women and to ensure that public authorities and institutions shall act in
conformity with this obligation;
e) To take all appropriate measures to eliminate discrimination against women
by any person, organization, or enterprise;
f) To take all appropriate measures, including legislation, to modify or
abolish existing laws, regulations, customs, and practices which constitute
discrimination against women;
g) To repeal all national penal provisions which constitute discrimination
against women.
1. Legal Provisions
As explained under Article 1, Israel has no comprehensive constitution. The
objectives of the Convention are realized through the provisions of specific
pieces of legislation. These will be described in detail under the relevant
articles. Since 1991, when Israel ratified the Convention, several especially
noteworthy pieces of legislation have been enacted (all of them to be
discussed in more detail in appropriate chapters below): the Equal Pay (Male
and Female Employees) Law - 1996, the implementation of which remains somewhat
precarious despite its clearly extensive potential; The Single Parent Family
Law - 1991; the 1993 amendment to the Government Companies Law - 1975; the
1995 amendment to the State Service (Appointments) Law - 1959 (both amendments
direct the use of affirmative action); the Prevention of Violence in the
Family Law - 1991; and more.
2. Legal Recourse Available for the Pursuit of Women's Rights
One of the main obstacles standing in the way of the full implementation of
women's rights and the advancement of women's status in Israel is the lack of
a central organization to process complaints of women whose rights have been
violated or who have suffered gender discrimination. The establishment of
such an organization is a central goal of the proposed Authority for the
Advancement of Women Bill - 1996, which would establish a national machinery
for the protection and promotion of women's rights and status.
Until this bill is passed and such an Authority and ombuds-person are
established, the formal-governmental mechanisms presently available for women
include: the general Public Complaint's Commissioner; the Ministry of Labour's
Division for Employment and the Status of Women; the Labour Courts system;
and, when the Civil Service is involved, the Superintendent over Discipline in
the Civil Service or the General Supervisor on the Advancement of Women in the
Civil Service. Another governmental de-facto mechanism is the office of the
Prime-Minister's Advisor on the Status of Women.
In addition to the formal-governmental mechanisms, there are several legal-aid
lines and services operated by women's NGOs, such as the Na'amat Legal Council
and the Israel Women's Network (IWN) Legal Commission, which give initial
legal or other advice to women and which occasionally provide pro bono
representation, mainly in precedent-setting cases. These mechanisms will be
described under Article 3.
Only four (!) complaints to the Public Complaints Commissioner, out of a total
of 6000-8000 per year since 1971, concerned gender discrimination or other
violations of women's rights. Three of these complaints involved sexual
harassment. The fourth involved a woman pilot who was refused employment by
El-Al, the national Israeli air-carrier, which claimed to have excluded her as
the result of a general policy of hiring only IDF air-force veterans. In
addition, since 1990, 40 complaints were made to the Public Complaint
Commissioner concerning insufficient police investigation of intra-family
violence or untimely closure of such investigations. Complaints concerning
untimely closure of police investigations are not investigated by the
Commissioner, since these are handled under judicial appeal of police
decisions.
3. Governmental Machineries, Mechanisms and Measures Established to Promote
the Status of Women
3.1. Investigative and Study Initiatives by the Government
The 1975 International Year for Women served as a trigger for the designation
of an ad hoc Commission on the Status of Women, appointed by the late Prime
Minister Yitzhak Rabin, and headed by Ora Namir, then a member of the Knesset
(Labor Party), who later became Minister of Labor and Social Affairs.
3.1.1. General Examination of the Overall Status of Women in Israel
The Commission's main function was to investigate the issue of the status of
women in Israel; it acted mainly as a fact-finding body but was alsoasked to
present the government with proposals as to the social, cultural, educational,
economic and legal measures that need to be taken in order to promote equality
between men and women in all areas of life in Israel.
The Commission presented its report and recommendations in February 1978. The
report made it clear that Israeli society had not been providing answers to
the unique problems and obstacles that women faced in their struggle for full
equality and participation. The Commission supplied the government with a
list of 241 comprehensive recommendations and detailed proposals on how to
improve the existing situation. These recommendations had the potential to
serve as a blueprint for women's equality, yet few of them were adopted and
implemented. An investigation conducted by Israel Women's Network (IWN) in
1988 revealed that out of the 241 recommendations only 32 had been fully
implemented, 39 had been partially implemented, and the rest (170) had not
been implemented at all.
3.1.2. Examination of Women's Status in Civil-Service
The Israeli government is the largest employer in Israel, and almost 60%
(59.4%) of civil-servants are women. In 1989, the Koberski Commission
finished its investigation of the civil service in Israel, which included a
special report on the status of women in the civil service. The Commission's
conclusions made it clear that discrimination against women is the major cause
of women's low status in the service.
In order to implement recommendations for the improvement of the status of
women, a sub-committee was established by the Ministry of Economics and
Planning called the Ben-Israel subcommittee. This committee presented its
proposals in December 1993. The proposals included specific directives for
ensuring women's participation in tender committees; improving the function of
the supervisors on the status of women in the different ministries; and
securing firmer treatment of sexual harassment. Most of these proposals were
adopted and incorporated into the Civil Service Code, and are in the process
of being implemented.
These proposals include: 1) the decision to make the former requirement that
both sexes be represented in tender committees mandatory (an exception to be
made in unique cases upon the prior approval of the Commissioner), and
negating the force of the decision of any committee that fails to uphold this
requirement; 2) publication of a worker's rights manual for women employees in
the civil service, prepared by the general-supervisor; 3) the preparation and
dissemination of information and data regarding the status of women in the
service among women organizations and Knesset committees; 4) the joint
establishment of a Progressive Employer Award granted by the Na'amat women's
organization, the Coalition of Industrialists, and the Union of Local
Authorities, to be awarded to the public employer who demonstrates the
greatest commitment to the advancement of women.
In addition, members of tender committees were specifically instructed not to
present candidates with questions which discriminate on the basis of sex.
Other changes were made in the Civil Service Code, reflecting the progress
made in recent years concerning the advancement of women. For example, the
provisions that relate to family members that may accompany an employee who is
being sent oversees on a mission were changed from the gender-specific term of
"wife," to the gender-neutral term of "spouse," thus providing men and women
employees with equal opportunities to be sent on foreign service missions.
With respect to the accommodation of motherhood, the former prohibition on
employing a woman who is the mother of small children in overtime work was
changed so as to let her choose whether or not to work overtime.
To conclude, it should be added that there is ongoing independent academic
research in the areas of women studies, women's rights, and the status of
women in Israel.
3.2. Specific Mechanisms Implemented for the Improvement of the Status of
Women
3.2.1 The Prime-Minister's Advisor on the Status of Women
The office of the Prime Minister's Advisor on the Status of Women, established
in 1980 following the Namir Commission's recommendations, was charged with the
task of advising the Prime Minister on all issues pertaining to women, and
with coordinating the government's actions with relation to the status of
women. The office, however, was not provided with special resources and its
budget was to be drawn from the general budget of the Prime Minister's bureau.
In addition, in 1992 the late Prime-Minister Rabin abolished the office of
Prime Minister's Advisors altogether, including the office of the Advisor on
the Status of Women. In its place, he formed a steering committee to reframe
the structure of both the office of the Advisor and the function of the
National Authority (described below). A new Advisor on the Status of Women
was appointed in November 1993.
Following the 1996 elections, the government appointed a new Advisor on the
Status of Women, and charged her with the task of putting together a campaign
against family-violence, described under Article 5 below. The Advisor has
also been charged with the task of composing the Israeli Report to the March
1997 UN Convention on the Status of Women, which describes the measures taken
following the Beijing Conference. It is hoped that the position of the Office
of the Advisor, together with the National Authority, will be promoted by the
anticipated passage of the National Authority Bill, and that its operation
will be facilitated by a separate budget and facilities.
3.2.2 Special Machineries: National Council and Authority on the Status of
Women
3.2.2. The statutory Authority's functions, as set in the proposed bill, will
include: 1) the formulation of policy regarding gender equality and the
elimination of discrimination against women; 2) the coordination and promotion
of cooperation between state government, municipalities and others in the area
of women's status; 3) advising the ministries on the implementation of
equality laws (particularly on the implementation of the CEDAW Convention); 4)
the establishment of special programs and services for women which promote
gender equality; 5) the establishment of a research and public information
center; and 6) the promotion of legislative measures for the advancement of
women and the elimination of discrimination. The Prime-Minister's Advisor on
the Status of Women will be in charge of both the Authority and a proposed
Council, to be comprised of 34 members from various government offices and
organizations, including representatives from women's organizations and
academia. The Council's main role will be to outline policy for the
Authority. In addition to the Authority, the bill also establishes the office
of Commissioner for Women's Affairs, whose role it will be to handle direct
complaints from the public concerning violations of women's rights or
discrimination on the basis of gender. The Commissioner is to have
investigatory powers equal to those of the general Public Complaints
Commissioner, including the power to demand any documents and records
necessary for the investigation. One deficiency in the current version of the
bill is the lack of a provision calling for an independent budget for the
Office of the Advisor. The present version simply states that the budget is
to be allocated from the general budget of the Prime-Minister's Office.
3.2.3. The Knesset Committee for the Advancement of the Status of Women
An unusual coalition of women Knesset members from across the political map
established the Committee for the Advancement of the Status of Women in 1992.
The Committee has been instrumental in promoting important legislative
measures and in raising awareness of women's concerns. The Committee has made
significant contributions to the efforts to improve women's status and to
focus pulic attention on "women's issues."
In January 1996, the Committee was granted the status of a permanent
(standing) Knesset Committee, with the following tasks: 1) the advancement of
women's equality in public representation, education, and personal status; 2)
the prevention of discrimination on the basis of sex or sexual orientation in
all areas; 3) the reduction of wage gaps in the economy and in the labor
market; and 4) the elimination of violence against women. The Committee
consists of 15 members (of whom 8 are currently men), and the chair rotates
between two members, from the coalition and the opposition parties,
respectively. Currently, the Committee operates three sub-committees on: 1)
the advancement of women in the workplace and in the economy; 2) the
advancement of Arab women; and 3) personal status. All other matters are
dealt with by the Committee as a whole.
Among the recent legislation facilitated by the Committee's work are the Equal
Pay (Male and Female Employees) Law - 1996; the State Service (Appointments)
Law (Appropriate Representation) (Amendment no. 7) - 1995 which introduces
affirmative action into the civil service; the Prevention of Violence in the
Family Law (amendment no. 2) - 1996; Family Court Law - 1995. All in all,
over 40 legislative measures relating to the advancement of women's status
have been passed since the establishment of the Committee. In addition, the
Committee has also utilized other parliamentary means, such as the
establishment and operation of the parliamentary investigative committee on
women's murder by their spouses, discussed under Article 5 below.
The Committee's contribution to the advancement of women extends beyond the
formal level of parliamentary performance to the more informal level of
women's alliance building and coordination of activities for furthering the
common goal of mobilization and social change. The Committee maintains close
contacts with women's NGOs, and representatives from various NGOs regularly
attend their meetings. Thus, for example, the Committee took upon itself to
serve as the forum where all women's NGOs submitted their reports on measures
taken following the Beijing Conference. It also receives input from women in
senior positions in business and academia. It thus serves as a forum where
women's voices are officially heard, and as a forum for political mobilization
around women's issues.
3.3. Governmental Performance in Civil-Service
In April 1985, the government adopted an additional recommendation of the
Namir commission and decided that in each of the government ministries a
supervisor on the status of women workers would be appointed. The roles that
these supervisors were assigned include: 1) acting for the implementation of
equal opportunities for women employees in all areas of the service; 2)
monitoring the obligation to include women in all professional committees and
in tender committees; 3) developing special tracks for the promotion of women;
4) acting for an increase in the percentage of women in top positions in the
civil service; 5) handling women employees' complaints of gender
discrimination, including sexual harassment complaints; and 6) preparing
annual reports about progress made in this area. As with the Office of the
Prime Minister's Advisor on the Status of Women, the decision did not
allocate a special budget nor did it provide for additional supervisors for
its implementation. Nevertheless, most ministries have appointed such
supervisors. Several programs were established to facilitate their operation,
including a three-day seminar in which supervisors were supplied with
theoretical tools to accomplish their task.
The April 1985 government decision to appoint the supervisors was part of a
general resolution to promote the status of women in the civil service.
Another important part of the resolution was the provision mentioned above,
whereby women participate as members in every tender committee or professional
committee. Other parts of the resolution, in addition to expressing
commitment toward the advancement of women in civil service, ordered the
establishment of a committee that would monitor the implementation of the
whole resolution.
The departing Civil Service Commissioner designated a special post for the
appointment of a general-supervisor on the advancement of women in the civil
service, who is to be in charge of all matters concerning women and their
advancement in the service and who reports directly to the Commissioner. The
incoming Civil Service Commissioner proposed a reform in the civil service,
which specifically included a plan to ensure the promotion of women in the
service to senior positions. The effects of this reform can be seen in the
1996 establishment of a new unit in the Civil Service Commission, which is
responsible for hiring and promoting women in the civil service. At the head
of this Commission stands the general-supervisor mentioned above, assisted by
a steering committee. In addition to handling issues related to the status of
women in the civil-service, this supervisor is in charge of implementing the
1995 amendment to the State Service (Appointments) Law (Appropriate
Representation) (Amendment no. 7) - 1995.
An affirmative action policy was introduced into the civil-service through the
State Service (Appointments) Law (Adequate Representation) (Amendment no. 7) -
1995. This amendment obligates the Civil Service Commissioner to use all
necessary means to achieve the appropriate representation of both sexes in the
civil service. The initial guidelines for the implementation of this
amendment require the issuance of a report from the Commission to the various
ministries, and vice-versa, regarding 1) the numbers and ranks of women in the
service; 2) upcoming vacancies; 3) the rate of women in top positions in each
ministry relative to their overall rate in the ministry; 4) the number of
women selected in internal and external tenders; 5) the number of women
holding personal contracts; and 6) the participation of male and female
employees in seminars, educational tours abroad and so on, to assure adequate
participation of women in these areas.
Other actions adopted by the Civil Service Commission following the 1995
amendment include the reading of the amendment to committee members at the
beginning of every tender-committee section, with an emphasis on the explicit
provision that preference be given to the candidate of the lesser represented
sex, when the candidates' qualifications for the office are similar.
3.4. Mechanisms for the Advancement of Women in Specific Government
Ministries
Foremost among the specific mechanisms regarding the improvement of the status
of women in the various government ministries is the Division for Employment
and Status of Women in the Labour Ministry. Until February 1996, this
Division was in charge of the implementation and enforcement of the Equal
Employment Opportunities Law - 1988. The Division is responsible for various
other aspects related to women's work; including: 1) the development of
childcare programs; 2) the subsidization and supervision of childcare programs
which are operated by women's organizations; 3) the provision of vocational
training for unskilled women and for women who want to enter non-traditional
fields of work; and 4) the dissemination of information and materials
regarding women's rights, with specific focus on women's employment, and more.
3.5 Measures Taken on the Municipal Level
As explained under Article 7 below, women's representation on the municipal
level in Israel is only slightly more substantial than their representation on
the national level. One measure that has been taken in order to compensate
for the lack of formal representation on the municipal level is the nomination
of an Advisor on the Advancement of Women in Local Authorities, appointed in
1994 by the Chair of the Union of Local Authorities in Israel. This
appointment, supported by the Prime-Minister's Advisor on the Status of Women,
reflects a change of attitude among municipal authorities by recognizing the
need to take women's concerns more seriously. The Advisor is a member of the
central administration of the Union of Local Authorities in Israel, and her
policy was drafted by a Committee on the Status of Women. This Committee is
composed of several members, mainly women members of local councils and is
presently headed by the only woman who was elected as a head of a local
council. On the basis of a decision made by the Administrator of the Union of
Local Authorities, this Committee participates in all assemblies of heads of
municipalities. The Advisor is in charge of establishing Women's Councils in
each local council in Israel. So far, seventy such Women's Councils have
been established in Israel, of which eight are in Arab localities. In
addition, the Advisor is involved in promoting legislation dealing with
women's daily concerns on the municipal level and cooperates closely with the
Ministry of Labour and Welfare on issues such as shelters for battered women.
The aim of the establishment of local Women's Councils is to designate a
special forum within which women's particular concerns and needs can be
addressed. Among the taks of these councils are: 1) coordination between all
women's organizations in the specific locality for the purpose of fulfilling
women's local needs; 2) promotion of special educational programs on gender
equality, prevention of family violence, and technological education for
girls; 3) advancement of the institution of the long school-day and better
day-care facilities; 4) provision of services for women with special needs
such as single mothers, older women, immigrant women and Arab women; 5)
advancement of municipal legislation for opening government and municipal
bureaus in the afternoons and in the evenings; and more. The Women's
Councils' work-plan is based upon the model provided by the first Women's
Council established in Haifa in 1978, by the current Advisor on the
Advancement of Women in Local Authorities. Each of the Councils is headed by
a woman who also acts as the Advisor on the Status of Women to the Head of the
Municipal Council.
The main problem that these measures for the advancemnet of women are faced
with is financial. Once again, no special budget was allocated for the full
implementation of these plans. Currently there is an initiative before the
Knesset to pass special legislation that would mandate the institution of
Women's Councils in every municipality. However, the bill does not contain a
provision for the allocation of a budget to finance the Councils and the work
of the Advisors. So far, the work of the Women's Councils and their Chairs
has been generally uncompensated and is voluntary.
ARTICLE 3
The Development and Advancement of Women
States Parties shall take in all fields, in particular in the political,
social, economic and cultural fields, all appropriate measures, including
legislation, to ensure the full development and advancement of women, for the
purpose of guaranteeing them the exercise and enjoyment of human rights and
fundamental freedoms on a basis of equality with men.
1. Non-Governmental Women's Organizations in Israel
1.1 Introduction
Women's NGOs have always played a major role in advancing the status of women
in Israel by changing the public perceptions of women, promoting women's role
in the public and private spheres, operating day-care centers, operating
emergency-lines for female victims of violence, operating shelters for
battered women, and more. In addition, these NGOs have managed to put many of
these issues on the public and government agendas.
The exact number of women's NGOs operating in Israel is estimated at 100.
They vary tremendously in size, ideology, socio-economic characteristics of
their members, activities, goals, and so on. Some concentrate on providing
services to single-parent families, others to lesbian women, Arab women, and
so on. The following paragraphs do not represent a comprehensive overview of
all of these organizations; instead only a selection of the more major
organizations are presented.
1.2 Jewish Women's Organizations
The Israel Women's Network (IWN), founded in 1984, is known as one of the
largest and most visible of women's organizations in Israel. The IWN works
for the advancement of the status of women in Israel through education,
legislation and legal activities. Committees of specialists have been set up
on the topics of health, law, municipal and parliamentary work, violence in
the family, and media/public relations. The Network works to end all
discrimination against women and for equal representation of women in all
political and public positions. The founders of the Network believed that
women's status could best be advanced through legal action and political
pressure, not through providing welfare. Training courses are offered through
the Network to women aspiring to political careers. Some of the Network's
concrete activities include: 1) the maintenance of a resource and
information center; 2) the publication of a newsletter; and 3) the operation
of a legal aid hotline.
Na'amat - the Movement of Working Women and Volunteers, was founded in 1921 by
idealistic women committed to equal rights for women and their empowerment; it
is presently the largest women's movement in Israel. Na'amat is affiliated
with the Histadrut, the largest workers' union in Israel and currently
operates more than 100 local branches in workers' councils, 60 community
centers, 250 neighborhood club rooms, and 40 legal offices. It also operates
350 day-care centers, and 14 vocational training schools. Its activities
encompass almost all aspects of women's life in Israel, ranging from various
family issues and needs (such as family-violence, single-parent families, and
adoption), through employment and professional training, to legal activities,
legislative initiatives and public representation. Following the Beijing
Conference, Na'amat formulated a symbolic "Contract with the Women of
Israel," signed by both the government of Israel and the women of Israel
through Na'amat as their representative. In this symbolic contract, which was
based on the Beijing Platform for Action, the government was to allocate a
specific budget for the implementation of the Platform.
WIZO (Women's International Zionist Organization), was established in 1920 and
is the second largest women's association in Israel. WIZO is primarily a
non-political charity organization run by volunteers. In its early years,
WIZO established mother and child clinics, day care centers, training courses
for homemaking, agricultural schools and youth centers. Gradually, the
organization has become more focused on social change and empowerment of
women. WIZO has played a major role in bringing the problem of battered women
to public attention, and has established shelters and hotlines for battered
women and rape victims. In addition, WIZO operates 160 day-care centers,
helps in the absorption and care for new immigrants, senior citizens and
single-parent families, and offers legal advice to women, mainly on family
issues. Most of WIZO's resources are derived from contributions solicited
abroad.
Emunah is the largest Orthodox women's Zionist organization in Israel and is
the woman's division of the National Religious Party. Emunah's activities
focus on community, educational and welfare work, through a network of 110
day-care centers, 4 children's homes, 6 high schools, and a women's college.
It is involved in the absorption of new immigrants and works to strengthen the
family unit through family counseling services, legal advice to women on
family issues, and through parenting groups.
The Feminist Movement was established in the early 1970s, and is one of the
more radical women's movements in Israel; it focuses on body politics,
abortion, and battered women and members of the Feminist Movement established
the first shelters for battered women in Haifa and Herzliya. Since its
establishment, the Feminist Movement has worked in the following areas: equal
opportunity for women in education and work; the rights of divorced women;
fair representation of women in politics; the fight against pornography and
negative female images in the media. . During the 1980s, the Feminist
Movement expanded its agenda to include issues of war and peace The Feminist
Movement offers courses on a variety of subjects, puts out a newsletter and
operates a library on feminism.
Isha le'Isha (Woman to Woman) - the Haifa Feminist Center, strives to fight
against physical, sexual and psychological violence towards women, to improve
existing services for the special needs of women, and to create conditions for
cooperation between women from different social groups and backgrounds. To
this end, it operates a project for adult women immigrants from Russia; an
employment and absorption project for Ethiopian women immigrants; a project
for Palestinian women; a project for women of oriental origins, and employment
projects for women returning to work. In addition, they offer a range of
courses including mechanics, car maintenance, self defense and basketball.
1.3. Organizations for the Advancement of Arab Women
Few women's organizations have been set up by Arab women for Arab women in
Israel. Recently, non-governmental Arab movements have begun to encourage
women's participation in order to obtain foreign aid and support from
international organizations that provide funds for weaker sectors in
developing societies, such as women.
1.3.1. Arab Organizations for the Promotion of Women
Taandi, the Movement of Democratic Women, was founded in 1951 as the women's
"division" of the Communist Party known today as Hadash (the Democratic Front
for Equality and Peace), was the first organization to offer Arab women the
opportunity for political involvement. By the 1970s, the Women's Democratic
Movement enjoyed the active support of many Arab village women. Among
Taandi's achievements are the establishment and maintenance of 33
kindergartens in Arab villages and the celebration of March 8 as an
International Women's Day in Arab sectors. The organization also provided
vocational training for Arab village women, particularly in sewing. However,
while the leaders of Hadash as well as the leaders of other Arab parties who
established women's divisions in the 1970s (such as the Progressive Arab Party
and the Democratic Arab Party) were known to be proud of the achievements of
their women's division, they did not actually integrate them into the inner
workings of the parties.
The Arraba Almostakbal Association is a community organization established to
encourage women from the Arab village of Arraba to participate in public
social life. The association offers courses in traditional occupations like
sewing, as well as vocational courses. The association models itself after
"Gafra," the Movement of Palestinian and Arab Women in Israel, founded in the
town of Taibe in 1990 in order to promote Palestinian women socially,
economically, and politically. These organizations are currently waging a
campaign against the widespread practice of arranged marriages in Arab
villages.
Al Fanar (the lighthouse), also known as "The Movement of Palestinian
Feminists," was established in 1990, as an informal study group on the status
and treatment of women in Arab society. Since its establishment, the
organization has primarily dedicated itself to fighting "honor" killings (the
number of "honor" related murders per year is estimated between 20-40.) The
organization considers acts of violence against women to be byproducts of the
patriarchal structure of Palestinian society, and opposes it in the most
radical fashion of all Palestinian Women's groups. Al- Fanar protests arranged
marriages of women to their relatives, sexual and other physical assaults on
women by their husbands and male relatives, denial of education and job
opportunities to women who are taken out of school as teenagers to carry out
domestic chores, and the spread of defamatory rumors and gossip about women as
a means of controlling their behavior.
The organization has attracted widespread criticism for its radicalism from
Arab political parties, and from the growing Islamic fundamentalist movement.
On several occasions Al-Fanar's members have reportedly been threatened.
However, a growing number of women have responded to Al-Fanar's advertisements
for help, including assistance from a Jewish-run shelter for battered women.
Currently, Al-Fanar runs on a modest budget and is supported almost entirely
by its members, though it has registered as a non-profit organization and is
seeking contributions. It publishes a quarterly newsletter which is
distributed door-to-door, and has published articles in Israeli Arab
newspapers. While no accurate information is available as to the
characteristics of its members, most of its members are believed to be single
university graduates who reside in Haifa.
1.3.2. Other Organizations Which Promote Arab Women
Na'amat, the largest women's organization in Israel, is composed of both
Jewish and Arab women and has opened branches in many Arab villages. As of
1987, Na'amat established 70 centers for vocational training and social
activities in Arab villages and cities. However, Arab women have complained
that the services provided for them are not proportional to their
representation amongst the members of Na'amat and more funds should be
allocated to servicesin the Arab sector. For example, only 5.17% of the
daycare centers established by Na'amat have been established in Arab villages.
The Israeli League for the Promotion of Human Rights provides legal support
for Arab women, particularly regarding labor disputes. The legal support is
advertised through informative pamphlets put out by the organization in
Arabic.
1.4. Associations of Women's Organizations
The Council of Women's Organizations in Israel: An umbrella organization that
connects Emunah, Na'amat, WIZO, ANALI - Liberal Women's Organizations, Bnai
Brith Women, Hadassa - Israel, Israel Association of University Women,
Soroptomist International of Israel, and Women's Israel ORT, this Council
represents Israel in the International Convention of Women and the
International Convention of Jewish Women, both of which have advisory status
to the UN. The Council's activities include: representing Israeli NGOs in
international organizations, transferring information on the activities of
these organizations to those outside Israel, and bringing information to
Israel on activities regarding women which are being initiated in
international organizations and in institutions of the UN.
ICAR - International Coalition for Agunah Rights, Established in 1993 in
response to the plight of Jewish women who are refused a divorce, ICAR's
purpose is to raise public awareness of this issue and to prompt the Jewish
religious establishment in Israel and abroad to create solutions to the
problem.
The Coalition of Help Centers for Victims of Sexual Attacks , collects and
publishes statistical data and evaluations of the seven battered women's
shelters in Israel in an annual report on the centers' activities. It also
offers activities to raise public awareness about battered women and offers
volunteer training courses for those who wish to work in battered women's
shelters.
ARTICLE 4
Acceleration of Equality Between Men and Women
Adoption by State Parties of temporary measures aimed at accelerating de facto
equality between men and women shall not be discrimination as defined in the
present Convention, but shall in no way entail, as a consequence, the
maintenance of unequal or separate standards; these measures shall be
discontinued when the objectives of equality of opportunity and treatment have
been achieved.
Adoption by State Parties of special measures, including those measures
contained in the present Convention, aimed at protecting maternity, shall not
be considered discriminatory.
1. Affirmative Action
1.1. Affirmative Action in Government Corporations
The primary expression of affirmative action in Israeli law is section 18A of
the Government Corporations Law - 1975, which was added in a 1993 amendment to
the statute.
Currently, the most expansive formulation of affirmative action under Israeli
law is the 1994 Supreme Court case of Israel Women's Network v. The Government
of Israel (hereinafter the IWN case), which accepted the IWN's petition to
void appointments of three men to the board of directors in two governmental
corporations in which there were no women members. Justice Matsa's opinion,
writing for the majority, is of particular significance, as it contains
rigorous statements and far-reaching suggestions about the practice of
affirmative action. Justice Matsa takes care to clarify from the beginning
that section 18A is not simply a statutory embodiment of the well-entrenched
right to equality, but the constitution of a novel norm which positively
imposes proper representation of both genders in boards of directors and
administrative councils of governmental and statutory corporations. Justice
Matsa emphasizes the remedial purpose of the amendment, which aims at
correcting the social distortion of women's minimal representation by means of
positively imposing the norm of affirmative action. He then goes on to
describe the special legislative measures which were essential for the
entrenchment of gender equality, as opposed to the general acceptance of the
principle of equality at large. In a clear statement, Justice Matsa concludes
that the low representation of women in governmental corporations' boards of
directors is but one manifestation of the discrimination women face in Israeli
society; he notes that this discrimination is not specifically intended nor
ideologically mandated, but caused by internalized social norms and practices.
In an elaborate dictum, Justice Matsa rejects the notion that the approval of
affirmative action was meant only as a temporary-extraordinary measure
intended to specifically correct past discrimination, and not to maintain
present and future social balance, and calls for its acceptance as an integral
part and a main guarantee of the principle of equality, similar to the
Canadian approach. Justice Matsa proposes to interpret section 18A in the
context of the comprehensive social need to advance women's share in the
labour market in general, and in managerial positions in particular. This
statement, together with the adoption of the broad interpretation of Basic
Law: Human Dignity and Freedom which incorporates the right to equality in
the private sphere, initiates a movement towards legislative reform that
would introduce an affirmative action policy into every part of the labor
market, whether public or private.
1.2. Affirmative Action in the Civil Service
In July 1995, the Knesset passed an amendment to the Civil Service Law
(Appointments), proposed as a private bill by Member of Knesset (MK) Dedi
Tzucker. The amendment incorporates the practice of affirmative action into
the civil service. The Civil Service Council supported the passage of the
amendment, and participated in the deliberations surrounding the proposal.
The amendment mandates appropriate representation of both sexes in the civil
service, and reqquires the Civil Service Commissioner to act toward the
achievement of this goal. Affirmative action is defined in the amendment as
"preference given to the candidates who belongs to the gender that is not
appropriately represented, where the two candidates' capabilities are
comparable," (see Article 2).
1.3. Public Perceptions Regarding Affirmative Action
A survey conducted in April 1996 to examine the public's perceptions of
women's participation in politics revealed some very interesting results
(hereinafter - Women in Israeli Politics Survey). The survey revealed
general support for the use of affirmative action, especially among women.
Affirmative action was seen as particularly important in national and local
politics, but also in the labour market.
Most women think there is a need for affirmative action through the use of a
quota system: 64% claim parties should ensure places on their election lists
for women, 60% claim this should be done in other public institutes as well,
and 51% think women should be given preference in the labour market. The
differences in men's and women's perceptions are consistent, and most men
(64%) clearly object to affirmative action for women in the workplace.
1.4. Affirmative Action in Other Areas
There are already signs of positive adoption of the principle of affirmatve
action in other areas beside employment in the labour market. In the area of
sports, for example, new programs have been designed which allocate larger
budgets to women's teams and to schools that operate such teams.
2. Special Measures Aimed at Protecting Maternity
The Equal Employment Opportunity Law - 1988 contains provisions which are
remarkably similar to the second section of Article 4 of the Convention. The
law prohibits discrimination in the workplace, whether based on gender, sexual
orientation, marital status, parenthood, race, age, religion, nationality,
country of birth, political or other orientation. Neither governmental nor
private employers may take the above classifications into account in
determining hiring, promotion, termination of employment, training, or work
and retirement conditions of employees, except in special cases where the
unique nature of the position makes these classifications relevant.
Protections offered to women employees which take into account their special
needs as women or mothers are not to be 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 provisions.
The specific contents of these measures are described in detail under Article
11 below. It should be added that overall, there is a steady movement away
from protective-paternalistic legislation that limits women's participation in
the workforce, to legislation which recognizes the need to support the
family-unit as a whole and which facilitates greater involvement of fathers in
child-rearing, while maintaining the exclusive special rights of women in
those specific areas where women's maternal needs are directly connected to
birth itself.
In addition to the legislative provisions accomodating motherhood and
parenthood, there are specific provisions in collective agreements that grant
working mothers special benefits such a shorter work-day, or the option of
flexible working-hours, as in the Civil-Service, to fit their maternal
obligations. These accommodations in collective agreements are generally
granted to mothers alone.
ARTICLE 5 Sex Roles and Stereotyping
States Parties shall take all appropriate measures:
a) To modify the social and cultural patterns of conduct of men and women,
with a view to achieving the elimination of prejudices and customary and all
other practices which are based on the idea of the inferiority or the
superiority of either of the sexes or on stereotyped roles for men and women;
b) To ensure that family education includes a proper understanding of
maternity as a social function and the recognition of the common
responsibility of men and women in the upbringing and development of their
children, it being understood that the interest of the children is the
primordial consideration in all cases.
1. Introduction
The discussion under this Article will be divided into several parts. The
first part will describe women and the media in Israel, including stereotypes
of women and pornography, as well as the role of women in the pornography
industry. Next, select cultural and social phenomena which hamper women's
advancement in society will be discussed, including: 1) the impact of religion
on the status of women; 2) the specific problems facing immigrant women; 3)
social factors that specifically affect Arab women in Israel; and 4) gender
based violence.
2. Women Employed in the Media
A discussion of women's involvement in the Israeli media industry must be
separated from a discussion of the portrayal of women in the Israeli media.
The field of journalism is in the midst of a "feminization" process; the
number of women in the media is increasing, and women are taking over many
positions, at both high and low levels. It is hoped that the advancement of
women in the field of journalism will soon have an effect on the prevalent
stereotypes of women in the media, which in the past were promulgated by a
male dominated media industry.
Contrary to images of women presented in the media, women who work in the
media are part of a system in which progress in gender equality is clearly
being made. In the years 1989-1990, 44% of the 211 new members of the various
reporter unions were women, and in 1994, 49.6% of the total 274 newspaper
workers were women. Among 136 local papers, 36 had a woman as editor. In
addition, a woman currently acts as head of the Israel Broadcast Committee,
as well as the National Committee for Cable (the two broadcasting bodies in
the country.)
A study by Y. Limor and D. Caspi (1994) provided figures on the issue of
women of in the Israeli press. Their studies show that throughout the years,
women have been holding an increasing percentage of positions. For example,
the following table shows the increase in numbers and percentages of members,
active and otherwise, of the newspaper organization (in Tel-Aviv and
Jerusalem).
Table 1 - Active Members of the Newspaper Organization
Tel-Aviv Jerusalem
1991 1994 1991 1994
Total Members
(including pensioners) 969 1162 835 826
Number of Women 335 428 240 267
Percentages 34.6 36.8 28.7 32.3
Active Members
(without pensioners) 823 970 764 765
Number of Women 314 395 233 264
Percentages 38.2 40.7 30.5 34.5
Source: Limor and Caspi
A second chart displays the same growth; through a breakdown by years of the
number of women reporters of the major Israeli newspapers:
Table 2 - Journalists in the Private Daily Papers
Year/Paper Yediot Achronot Ma'ariv Ha'aretz Jerusalem Post
Men Women Men Women Men Women Men Women
1955/6 32 1 34 1 37 2 33 10
percents 97 3 97.1 2.9 95 5 76.8 23.2
1966 71 7 68 6 48 4 35 8
percents 91 9 92.1 7.9 92.3 7.7 81.4 18.6
1976 85 12 92 12 72 5 44 11
percents 87.6 12.4 88.5 11.5 93.5 6.5 80 20
1986 90 39 101 32 69 19 60 14
percents 69.8 30.2 76 24 78.4 21.6 81.1 18.9
1991 110 64 112 44 85 48 37 24
percents 63.2 36.8 71.8 28.2 64.4 35.6 60.7 39.3
1994 * 140 88 122 85 36 27
percents 58.5 41.5 61.4 38.6 59 41 57.1 42.9
* The editors refused, for unpublished reasons, to release the number of
workers, but provided the percentage of women
Source: Limor and Caspi
2.1. Rank of Women's Positions
Much of Israel's electronic media is under the authority of The Israel
Broadcast Authority. In this body much has been done in response to
complaints of inequality directed at the media. Though women are obtaining
high-ranking positions in newspapers, radio and television, the majority of
central positions in editing and management remain in the hands of men.
Although three women serve as editors of the weekend supplements of major
papers, overall, women still comprise a minority of editors. The following
table presents the breakdown of managers in the Broadcast Authority (1994), to
illustrate the differences between men and women in upper level positions.
Table 3 - Women in Positions of Management
Total Positions Women %Women
Radio
Department Managers 37 16 43.2
Section Managers 13 3 23
Division Managers 7 1 14.2
Television
Department Managers 14 4 28.5
Section Managers 15 5 33
Management and Administration
Department Managers 18 7 38.8
Section Managers 19 5 26.3
Source: Israel Broadcasting Authority
As of 1995, the number of women versus men in the various forms of the media
shows that women still make up less than half of the positions. Note that
among the Arab language broadcasts, the differences are much greater.
Table 4 - Women in the Broadcast Authority
Department Total Workers Men Women %Women
Radio 416 222 194 46.6
Arabic Radio 112 70 42 37.5
Television 424 240 184 43.4
Arabic Television 54 40 14 30
Total 1006 572 434 43.1
Source: Israel Broadcast Authority
A further breakdown is provided in the following table, dividing the positions
by topics and fields:
Table 5 - Women, by Department of Broadcast Authority
Department Total Workers Women %Women Men
Radio 416 194 47% 222
Management 2 1 50% 1
Executive 68 36 53% 32
News 124 40 32% 84
Program Editor 45 26 58% 19
Broadcasting 43 21 49% 22
Music 18 11 61% 7
Foreign Broadcasts 116 59 51% 57
Total Arabic 112 42 38% 70
Television
Total 424 184 43% 240
Management 2 1 50% 1
PR and Bought Films 13 9 69% 4
Directors 26 8 31% 18
News 86 22 26% 64
Programming 76 37 49% 39
Production 221 107 48% 114
Total Arabic 54 14 26% 40
Grand Total 1006 434 43% 572
Source: Israel Broadcast Authority
A decision by the Authority prompted the establishment of a Committee for the
Status of Women in the Broadcasting Authority. In addition, as the result of
a joint initiative of the Committee, the Broadcast Authority, the Israel
Women's Network, and the participants themselves, a series of courses on
"Women in Broadcasting" began in November 1996. The goal of the course was to
enable women in influential positions in the Broadcast Authority to gain
professional experience in an educational forum. An additional goal was to
strengthen the self awareness of women in the business world in general and
the field of media specifically. Due to its success, there are plans to
continue the course in the future.
3. Women and Media in Israel
3.1. Representation of Women in the Media
Israel was among 71 countries which participated in Media Watch's global media
monitoring project. The results of the report clearly illustrate discrepancies
between the number of male and female journalists and interviewees in Israel
as opposed to other countries. Invariably, the numbers for Israel are lower
than the global average.
Table 6 - Percentage of Women Reporters and Interviewees
Reporters Interviewees
Medium Global Israel Global Israel
Newspapers 25 17 16 15
Radio 48 25 15 10
Television 43 30 21 9
Total Average 38.6 24 17.3 11.3
Source: Israel Women's Network
3.2. Content Relevant to Women
An additional category researched in the report was the number of stories that
deal with issues deemed specifically relevant to
woman. As the following chart shows, Israel's overall average is well below
the global average, but this is due to uneven distribution among the different
mediums; on television, Israel is actually above the global average.Table 7 -
Table 7 - Percentage of Stories Dealing with Women's Issues
Medium Global % Israeli %
Newspapers 15 0
Radio 10 8.5
Television 9 10
Global Averag 11 6.15
Source: Israel Women's Network
Research on television in Israel revealed that women are often presented
differently than men. Women are generally introduced by their first name, sex,
family status, and a supporting description (the wife of, the niece of, etc.)
while men are introduced by a description of their function, their
professional grade, their full name, and family name. The same held true for a
study of the written press.In June 1995, an attempt was made to remedy this
discrepancy in representation through a joint effort of the Israel Women's
Network and the Broadcasting Authority. The aim of this action was to increase
the number of women invited as guests to the radio and television industry,
and to thereby combat the great discrimination in numbers mentioned above.
3.3. Advertising
A review of the text and images used in Israeli advertising reveals widespread
exploitation of female stereotypes. Women are often portrayed as helpless,
dependent, ineffectual, emotional, vulnerable, subordinate, childish, and
plain stupid (Lemish, in print). Overall, images used on Israeli television
and advertising transmit an almost singular message: women are marginal to the
political, cultural, and economic development of society.
For example, in a study called "Representation of the Sexes and Sexist
Stereotypes Appearing in Advertising in the Israeli press" it was revealed
that men were portrayed in advertisements as professionals 179 times, as
opposed to 83 times for women, and that women's exposed body parts appeared
more often than men's. These representations create a certain perception of a
woman's role in the business world, and of women as sexual objects. Studies
have also shown that women are used to advertise relatively cheap products,
while more expensive products are advertised by men.
3.4. Women and Crime
Women are often portrayed in the media as victims:
Table 8 - Percentage of Women Interviewed or Mentioned
Medium % Women thereof: Victims
Television 9 66
Radio 10 57
Newspapers 15 72
Source: Israel Women's Network
The global media monitoring project, in which Israel participated, focused on
the portrayal of women in the media, particularly as victims. Internationally,
29% of the women interviewed or mentioned in television broadcasts were
victims, as opposed to 10% of the men. In Israel, it was found that women
appeared in the news as victims 65% of the time, which is more than double the
world rate of 29%. One explanation for this statistic is that bereaved
families are often shown on the news, and particular attention is often
focused on grieving female family members.
3.4.1. Women as Criminals
A study of the representation of women criminals in the Israeli media revealed
that media images of male and female offenders differ, the major difference
being the attribution of responsibility (Weimann, Fishman). Female offenders
are very often viewed as erring and misguided creatures who need protection
and help rather than as dangerous criminals; in other words as "Pawns" rather
than "Originators." This is evident primarily in cases of "male dominated
crimes," such as crimes against the person, rather than crimes where male and
female offenders are more evenly divided, such as fraud. The researchers
conclude that this study confirms the prevalence of sex-role stereotypes in
the press when women are represented as dependent, submissive, and weak,
whereas men are portrayed as self-reliant, strong, and aggressive.
3.5. Equal Language in Television
In 1993, the director of the Broadcasting Authority adopted a decision taken
earlier by the Committee for Service Advertisements concerning the principle
of equality between the sexes. The decision prescribes that:
1) Hebrew being a gender specific language, service advertisements shall
address both sexes, or alternatively, use the plural "you."
2) It is forbidden to represent women as powerless and subservient in
advertisements.
3) Advertisements which sell goods and ideas by using women as objects, sex
objects, or by presenting their individual body parts, are prohibited because
they are degrading to women.
4) An absolute interdiction was placed on the representation of every kind of
violence, particularly violence between the sexes.
In the beginning of 1994, a second channel was added to Israel TV, which runs
private advertisements. Here too, there are requirements for the approval of
advertisements.
3.6. Campaign Advertisements and Representation of Women
The last three elections have included television election campaigns.
Representation of women in these television campaigns was extremely limited.
3.6.1. Limited Coverage
Study of the 1996 campaign revealed that only 17% of the images appearing in
all printed campaign propaganda were of women, up only 1% from the earlier
study of the 1988 campaign (Lemish, 1988). Moreover, women generally
consituted less than 20% of all persons who represented the major parties on
television. However, in the newly formed Arab parties, the percentage of
women who appeared in their campaign literature reached 55%, and in the
Arab-Jewish party Hadash, 60% were women. 29% of those who appeared in the
left-wing party Meretz's campaign literature were women, an improvement from
12% for the party's 1988 parallel party, Ratz (Lemish and Tidhar, 1996).
3.6.2. Content of the Representation
Out of the total number of topics addressed in campaign advertisements, only
25 speakers (1.3%) dealt directly with topics related to the status of women.
In addition, it was found that women in political advertisements were more
often younger women portrayed as anonymous figures (with no mention of their
name, position, or title), who appeared in shorter time allotments than their
male counterparts. When female candidates were covered, their emotional
characteristics were emphasized more than their political opinions.
3.7. Women as Agents of Change
It seems that in the past several years a gradual change is taking place
within the Broadcast Authority and the media at large. More programs dealing
with "women's issues," both in terms of traditional themes that are thought to
interest women and in terms of social themes that concern women's status are
being aired, mainly on the various radio stations. Many of these developments
can be attributed to women journalists who initiate many of these programs.
For example, the two most popular daily news programs on the leading national
radio station are hosted by women, both of whom identify themselves as
feminists, and who pay specific attention to questions of women's status and
advancement. The first program, which is a prime-time news program, includes
a regular weekly section where "honor and dishonor distinctions" on
family-violence are awarded, with the cooperation of the organization of Men
Against Family Violence. The second program, which goes beyond the head-line
news, is hosted by an outspoken feminist who often provides explicitly
feminist social critique to the issues she features.
3.8. Media Campaigns Against Violence Against Women
3.8.1. Ezrat Nashim - To Increase Awareness of Help Centers
The recently formed voluntary association of Ezrat-Nashim (literally meaning
"Women's Aid", but also the name of women's section in Orthodox synagogues),
is comprised of leading women from the media. This group began a campaign to
increase awareness of women's help centers and to raise money and public
support for their operation. As of December 1996, the slogan, "they cannot
force (double entendre: rape) you to keep silent," has appeared on numerous
billboards and in television and radio announcements. In addition, a national
toll-free telephone number was introduced, which a person in need can call
from anywhere in the country. According to the organizer of this association,
the number of calls has increased sevenfold since the introduction of the
campaign.
In addition, as a result of the campaign:
1) The Prime Minister promised to match the sum raised by Ezrat Nashim (in
addition to the 3 million NIS already dedicated to a campaign against
violence, as explained below.)
2) The Minister of Labor promised to triple allocated funding for women's help
centers.
3) The Minister of Treasury is working towards inserting a permanent
allocation for women's help centers in the national budget; as are many local
councils.
Thus, as a result of this high profile media campaign, increased funding has
been given to the centers and national awareness about this issue has been
raised significantly.
3.8.2. The Prime Minister's Campaign
One issue that gained much attention in the last election campaign was the
issue of violence against women. Prime Minister Binyamin Netanyahu has
decided to run a 3 million NIS media campaign to increase public awareness of
the issue and of the Prevention of Violence Law-1991. This media campaign is
intended to raise awareness about battered women, forewarn abusive men,
increase public involvement, and instill the values of equality, tolerance and
non-violence in the younger generation.
3.8.3. Other Programming
In addition, the army radio station recently devoted a full day's program to
the issue of violence against women and local TV cable stations initiated
similar campaigns about violence against women and family violence.
4. Pornography
Israeli law has dealt with the problem of pornography in several pieces of
legislation: the Cinema Ordinance (enacted in 1927) which authorizes the
Council for Scrutiny of Films and Plays to restrict the display of such
materials for reasons of moral offense or corruption; the General Import
License-1978, which prohibits the importation or the mailing of any obscene
materials (inlcuding, books, magazines, etc.); the Bezek Law-1982, which
regulates all the television broadcasting in Israel, and provides that a
producer shall not run cable programs that have not received approval from the
Council for Scrutiny or that contain obscene material as precluded in the
Penal Law-1977; and the Penal Law-1977 itself. Until 1991, section 214 of
the Penal Law had prohibited the selling, possession, printing, display or
publication of pornographic materials, where pornography was defined as
material that potentially corrupts morality; case law has added the criteria
of obscene material which lacks any artistic value.
A 1991 reform to the Penal Law shifted the focus from immorality to a clearer
separation between the private and the public sphere, where protection from
offensive materials should be guaranteed, and to increased emphasis on the
dignity of the person. For example, section 214Ab(2), which was enacted in
1990, prohibits the representation of persons in a humiliating or degrading
sexual manner, or in a manner that depicts the person as an available sexual
object. Other provisions of the 1991 version of section 214 specifically
outlaw: 1) the publication of obscene material or its preparation for
publication, and 2) obscene performances in public places, or in any other
place which is not private and is accessible to persons under 18 years of age.
These violations are punishable by up to three years imprisonment. The use of
a minor (under 18) in a pornographic publication or presentation in punishable
by up to five years imprisonment.
The reforms were a result of a peculiar coalition between women's
organizations and the religious parties and include the prohibition against
exhibition of pornographic materials on "public boards," such as in bus stops,
over public buses, on billboards and outdoor signs where the "captive
audience" has no choice but to see it. The definition of "offensive
representation" for this purpose includes, in addition to section 214Ab(2)
mentioned above, a picture of a nude body or an intimate body part of a man or
a woman; a picture which depicts sexual relations or sexual violence; a
picture of partial nudity, either of a man or a woman; a picture which
contains material offensive to the moral feelings of the public or of a part
thereof; a picture which corrupts the public morality; or a picture which is
harmful toward minors or their education.
In practice, the laws against pornography are rarely invoked. According to
police data, in 1994 there were only three convictions for the offense of
"Distribution of Offensive Material," though in 1995 the number rose to 16.
The censorship of plays has in fact been revoked, and the censorship of films
was effectively undermined in a recent Supreme Court ruling,making it largely
inapplicable.
The Second Radio and Television Authority Council promulgated Rules for the
Second Television and Radio Authority (Ethics in TV Advertising) - 1994, which
outlaw the advertising of obscene materials or sex-services, and the broadcast
of any commercial that depicts sexual relations, sexual insinuations, victims
of sexual violence or initiators of sexual violence, unless there is strong
public interest for such a presentation, in line with any other legal
provision. Supplementing these rules, the Rules for the Second Television
and Radio Authority (Prior Approval of TV Advertising) - 1994, require the
submission of any commercial to approval by the Second Authority Council. The
Second Authority Council's 1995 report reveals that during that year, 8
commercials were canceled because of lewd content, or 0.33% of the total
commercials that year.
5. Women and Religion in Israel
No report on the state of women in Israel can be complete without discussion
of the place of religion in Israeli society and the influence of religion on
women's daily lives.
5.1. Women of the Wall
One social illustration of the effect of religion on Jewish women is apparent
in the case of the Women of the Wall. This affair began in December 1988,
when a group of Israeli and foreign women, representing all religious streams
in Judaism, prayed together and read from a Torah scroll in the women's
section of the Western Wall while wearing prayer-shawls; (practices which are
traditionally reserved for men alone). The group was interrupted, attacked,
and dispersed by ultra-orthodox men and women who were offended by its
non-traditional practices. In March 1989 the group petitioned the High Court
of Justice after being violently attacked on repeated occasions when they
tried to pray, even without prayer-shawls and Torah scrolls. They asked the
court to protect their right to freedom of religion by guaranteeing their
right to pray as they wished at the Western Wall. In December 1989, the
Minister of Religion amended the Regulations on the Protection of Sacred
Places for the Jewish People - 1981 to include a provision that prohibits the
engagement in a religious ritual at the Western Wall that is not in accordance
with the custom of the place and that offends the feelings of those praying
there. The petitioners then amended their petition to include the
nullification of this amendment. The Court gave its majority decision in
January 1994, denying the petitions but recommending the establishment of a
governmental committee to fully investigate the subject and search for an
alternative solution that would guarantee the women's freedom of religion
while minimizing the offense to the other worshippers at the sight. The
resulting committee then recommended that the women be allowed to pray in the
manner they wish but in a secluded section of the Wall, removed from the main
public area. The women objected to this solution, and their struggle
continues.
6. New Immigrants from the Former USSR
This subchapter will review the status of female immigrants from the former
Soviet Union.
Israel is a country of immigrants. Most of its citizens have immigrated from
various countries and cultures and it is therefore important to evaluate
immigrants' status. Indeed, the fact that Israel encourages immigration
demands an in-depth analysis of the process of immigrant absorption and how
this process is accelerated, an anlaysis that falls outside the purview of
this report.
Between 1990 and 1995, 685,683 new immigrants, mostly from the former USSR,
arrived in Israel. These immigrants formed 10% of the total population in
Israel and 53% of them were women. The following table shows the breakdown
among immigrants by sex and family status, and points to the large number of
women, particuarly those who are divorced or widowed among the new immigrants:
Table 9 - - Immigrants Aged 15 and Over
Total Never Married Married Divorced Widowed
Women
Absolute Numbers 33,624 6,698 17,563 4,478 4,885
Percents 100% 20% 52% 13% 15%
Men
Absolute Numbers 27,387 7,123 17,151 2,099 1,014
Percents 100% 26% 63% 8% 4%
Source: CBS, SAI 1996
6.1. Typical problems facing new female immigrants:
6.1.1. Lack of employment:
A countywide survey of new immigrants of employment age (ages 25 - 64) from
the Former Soviet Union that was conducted by the JDC-Brookdale Institute in
1992 revealed some interesting facts (Naveh, Noam & Benita, 1995).The findings
of this survey indicate that half (51%) of these immigrants are employed. The
employment rate is higher among men (67%) than among women (38%). The
employment situation tends to improve over time, with an employment rate of
62% among immigrants who have been in the country for two years or longer (78%
of men in this category and 49% of women) compared with 36% among those who
have been in the country between six months and one year (57% of men, 22% of
women).
Chart 1 - Employment Rates Among the General Jewish Population and Immigrants
from the former Soviet Union
It was not possible at this time to reproduce the chart or table which appears
here in the text, but you may obtain it by contacting the Division for the
Advancement of Women directly.
Source: Monthly Statistical Bulletin, 1992
According to the conventional definition, as used by Central Bureau of
Statistics (CBS), a person is considered part of the work force if he or she
is either employed or seeking employment (see definitions under Article 11
above). By this definition, 70% of the immigrants in this survey belonged to
the work force, 51% actually employed, and 19% seeking employment. Roughly 85%
of men are in the work force, and 58% of women. The rate of participation in
the work force among immigrants is almost identical to that among
corresponding age groups in the general Jewish population in Israel (70% and
72% respectively). The rate among immigrants who have been in the country for
two years or longer is actually higher. However, the percentage of immigrants
seeking employment is more than double the corresponding figure among the
general Jewish population.
This pattern is comparable among both male and female immigrants. Nonetheless
when comparing the former occupation of the immigrants to their occupation in
Israel, the percentage of women employed in unskilled labor is relatively
higher than that of men, and the percentage of women who work in the same
field in which they were formerly employed is relatively lower than that among
men. Furthermore, upon examination of the distribution of working immigrant
women in the various economic branches, the most striking figure is the high
concentration of women in health services, welfare and social work, which
comprises 22% of the total work force. (The next highest concentration is in
wholesale and retail trade: 12%). The following table gives some indication
of this phenomenon:
Table 10 - Immigrants, by Labor Force Characteristics and Occupation in
Israel,
Approximately a Year After Immigration
Immigrants who arrived from the USSR in October-December 1990, and October-
December 1993
Total Men Women
1992 1995 1992 1995 1992 1995
Total-Thousands 63.9 13.6 29 6.2 35 7.4
Labor Force Characteristi