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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 Characteristics
Total-Percents 100 100 100 100 100 100
In Civilian Labor Force 57.2 52.7 67.2 65.9 49 41.7
Not in Civilian Labor Force 42.8 47.3 32.8 34.1 51 58.3
In Civilian Labor Force-Total 100 100 100 100 100 100
Employed 67.7 87.2 76.6 89.3 57.6 84.3
Unemployed 32.3 12.8 23.4 10.7 42.4 15.7
Occupation in USSR
Persons Employed in USSR-
Thousands 43.8 8 21.9 4.2 21.9 3.8
Percents 100 100 100 100 100 100
Scientific and Academic Workers 36.2 22 32 18.9 40.4 25.5
Other Professional, Technical and
Related Workers 18.9 20.4 11.8 13.8 25.9 27.9
Skilled Workers in Industry, Mining,
Building, Transport, and Other
Skilled Workers 21 24.8 33.6 38.2 8.4 9.6
Other and Not Known Occupations 23.9 32.8 22.6 29.1 25.3 37
Occupation in Israel
about a year after immigration
Persons Employed in Israel
Thousands 24.8 6.2 14.9 3.6 9.9 2.6
Percents 100 100 100 100 100 100
Scientific and Academic Workers 7.1 2.3 8 3.6 5.7
Other Professional, Technical and
Related Workers 8.8 5.3 5.1 4.5 14.3 6.5
Skilled Workers in Industry, Mining,
Building, Transport, and Other
Skilled Workers 33.7 32.9 46.5 43.4 14.3 18.2
Other and Not Known Occupations 50.5 59.5 40.4 48.5 65.7 75
Source: CBS, SAI 1996
6.2. Single parent immigrant families from the former USSR:
6.2.1. Introduction
The number of single parent families among new immigrants is larger than their
number in the population in general. In 1993, the number of single-parent
families was estimated to be roughly 18,000, 13% of all families with children
(as opposed to 8% single parent families among the general population in
1993). This figure is increasing at a constant rate. In Israel, as in many
other countries, women generally head these single parent families. Among new
immigrants, 77% of these single mothers are divorced, 14% widowed and 9%
single. 80% have one child, 17% have two, and half of the children in single
parent families are 10 years of age or younger.
6.2.2. Employment in Israel
According to the JDC-Brookdale Institute study from 1992, married immigrant
mothers have an economic advantage over single immigrant mothers. Among
single mothers, only 26% are employed, 32% of younger women (aged 25-39) and
15% of older women (aged 40-64). Conversely, the employment rate among married
women is 47- 49% among younger women, and 42% among older women. The
employment rate among married women who have been in Israel for more than
eighteen months (58%) is double the rate for those who have been in Israel
under eighteen months (29%). Among single mothers the increase is less
significant, from 21% to 32%. In addition, among single mothers there is a
larger discrepancy between their field of employment in their country of
origin and their employment in Israel. Married mothers also enjoy a higher
level of job satisfaction than single mothers, particularly younger single
mothers, who seem to be much less satisfied with their employment.
6.2.3. Financial Status
According to the JDC-Brookdale study that concentrated on single-mothers, the
net income among the heads of single parent families is 1478 NIS. This figure
is larger in younger age groups (25-39), and smaller in older age groups
(40-64), 1594 NIS and 1265 NIS respectively:
Chart 2 --Average Net Income of Immigrant Families
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: JDC Brookdale 1994
An additional indication of the increased financial difficulties faced by
single parent families who are immigrants is the gap in the number of home
owners. Only 7% of single parents own apartments as opposed to 32% of two
parent families. This is important in a country where owning an apartment is
preferable to renting.
6.2.4. Aid for Single Parent Immigrant Families
Single parent immigrants receive government aid provided for single parents as
well as that provided for immigrants. According to the Single Parent Family
Law-1992, single parents receive many benefits, as explained under Article 13
above.
In addition, single immigrant mothers may take part in professional training
courses which are beneficial to their integration into the work force. More
single mothers participate in these courses than single fathers (31% as
opposed to 12%). This figure remains lower than the number of married female
participants (31% among the single-mothers as opposed to 40% among the married
mothers). Approximately half of the mothers (both single and married) who
participate in these courses receive professional endorsement and half
integrate into the work force in their profession. 35% of the single mothers
who participated in these courses are employed, as opposed to 22% among those
who did not participate. Among married mothers, 57% of those who participated
in the course are employed, as opposed to 53% of those who did not
participate. Thus, it is clear that these courses increase the chances of
integration into the Israeli work force, though the gap in the employment rate
between single and married mothers clearly remains.
7. Violence Against Women
7.1. Sexual Violence--Legal Aspects
7.1.1. The Penal Law Today
According to section 345 of the Penal Law-1977, rape is defined as the
penetration of a woman's sexual organ, where:
1. It has been done without her free consent, by use of force,
infliction of physical suffering, exertion of pressure or threats of the
above, whether these were done against a woman herself or against another
individual;
2. She has consented, but such consent has been obtained fraudulently
as regards the identity of the perpetrator or as regards the substance of the
act;
3. The woman is a minor under 14 years of age, her consent being
irrelevant; or
4. The woman was unconscious or in any other condition which prevented
resistance, and was thus exploited; or the woman suffered from mental illness
or mental limitations which were exploited.
A differentiation is made between rape, for which the maximum punishment is 16
years imprisonment, and aggravated rape, for which up to 20 years may be
imposed. Aggravated rape consists of any of the above acts, where the rapist:
1) threatens the use of weapons; 2) causes severe bodily or emotional damage
or causes pregnancy; 3) abuses the woman before the act, during the act or
after it; 4) commits the rape in the presence of others who are there in order
to participate--actively or passively--in the commission of the rape.
Similarly, the rape of a minor under 16 years of age, where the act is
considered rape for reasons other than the age of the victim, is considered
aggravated rape.
While the narrow definition of rape according to section 345 of the Penal Law
excludes all acts committed either against males or against parts of the
woman's body other than her sexual organ, section 347 defines other acts that
"are to be considered rape" when committed in the circumstances enumerated in
section 345 above. Such actions, defined as "sodomy," include the insertion
of a male sexual organ into a person's anus or mouth, or the insertion of any
other object into a person's anus.
While consensual intercourse with minors under the age of 14 is considered
rape, consensual intercourse with minors between the ages of 14 and 16 is
defined as a separate offense and is punishable by up to 5 years imprisonment.
An exception is made for those rare instances where a minor under 16 is
married. Sexual relations with minors between the ages of 16 and 18, where
the perpetrator exploits either a position of authority or a relationship of
dependence, or where the perpetrator offers false promises of marriage, are
similarly punishable by up to 5 years in prison. Likewise, one who exploits a
working relationship or a position of authority, or who, despite being
married, makes false promises of marriage in order to have sexual relations
with a woman over the age of 18, is subject to 3 years imprisonment. A more
specific criminal offense forbidding sexual harassment in the workplace is
included in the Equal Employment Opportunities Law-1988.
While the high maximal punishments provided for in the Penal Law-1977
represent a clear condemnation of sexual violence, in practice the sentences
imposed rarely constitute more than a fifth of the maximum. A recently
proposed controversial amendment to the Penal Law-1977 seeks to remedy this
situation by instituting a minimum punishment for those convicted of rape,
constituting 1/4 of the maximum that may be imposed. According to the
proposal, courts are to be permitted to deviate from this minimum only under
special circumstances.
Sexual attacks that do not involve actual penetration of an individual's body
are classified as "indecent acts" in section 348 of the law. Where such acts
are committed under circumstances comparable to those of rape above, a maximum
punishment of up to 7 years imprisonment may be imposed. Where, on the other
hand, such acts are committed under circumstances parallel to those of
aggravated rape, up to 10 years may be imposed. Where they are committed
without the consent of the victim, but in circumstances unlike those
enumerated in section 345, the maximum punishment is 3 years.
An important provision, specific to sexual offenses, states that the criminal
liability of one who causes a sexual offense to be committed is equal to that
of the individual who actually commits the offense.
7.1.2. The Shomrat Case
In 1993, the Supreme Court decided what has come to be known as the Shomrat
case, a tragic incident involving the gang rape of a 14 year old girl by a
group of 17 year old and older boys, fellow members of her Kibbutz collective
settlement. For several consecutive days the group of boys forced her to have
sexual intercourse with them, using various pressure tactics to overcome her
lack of consent.
The Supreme Court's decision in the Shomrat Case has been recognized as a
turning point in the Court's handling of rape cases. Explicitly declaring
rape to be a crime against the human dignity of the victim, and rejecting
stereotypical notions of women's sexuality which promote a forgiving attitude
towards those who rape "loose" women, the court adopted a strong stance
against the relevance of a woman's sexual history as evidence of her consent
in the instance at hand. Similarly, the Court laid down clear guidelines
consistent with the laws of evidence, prohibiting the admission of any
evidence relating to the victim's sexual history. The Court also explicitly
acknowledged the tendency of rape victims to refrain from coming forward with
their complaints, holding that such delays in coming forward, when reasonably
explained under the circumstances, do not impact upon the credibility of the
victim as a witness.
Recognizing that the crime of rape as defined in the Penal Law-1977 requires
the use of force or the exertion of pressure against the victim, the Court
held that such force need be neither immediate nor severe. Simply pushing the
victim down onto the bed, or--as in this case--threatening the victim with
social embarrassment, may suffice. Likewise, the Court recognized that the
amended Code, which no longer speaks of the woman's will, but rather requires
her consent, plainly does not demand that the victim actively resist the
attempt, especially where it is clear that the victim is too frightened to do
so. A verbal expression of non-consent is enough to constitute resistance,
and in instances where the victim remains silent, the circumstances
surrounding the incident will be evaluated to determine whether such silence
implies consent. Objective circumstances--including, in the present case, the
victim's age and the series of sexual acts performed upon her by a group of
much older boys--may be relevant.
Despite the fact that the Shomrat case was relatively recent, many other cases
decided since have relied upon and implemented its progressive approach. Some
of these cases decided since the Shomrat trial, however, have raised questions
regarding the extent to which the principles laid down in Shomrat will
continue to be implemented by the Court in the future. In Binyamin v. The
State of Israel, for example, a majority of the Justices held that where an
experienced, adult woman involves herself in an intimate relationship and
willingly engages in sexual activity other than intercourse, her rape by the
partner with whom she is involved should be punished less severely than if she
was raped by a stranger.
7.1.3. The Element of Consent and Issues of Evidence
Until 1982, conviction for rape could not be based on the sole testimony of
the rape victim, unless such testimony was supported by corroborative
evidence. In 1982, as part of a general reform of the laws of evidence, this
requirement of corroboration was abolished. In its place, a special
requirement was established that states that when courts decide to convict
based on sole testimony of the victim, they must specify their reasons for
doing so. Various steps have been taken to encourage and protect rape victims
who choose to come forward. For many years, despite the general evidentiary
requirement that witnesses be questioned only about relevant issues, and
despite specific prohibitions on irrelevant questions intended to embarrass,
deter, or frighten witnesses, courts tended to allow rape victims to be
questioned about their personal sexual histories. In 1988 Section 2A was added
to the Procedural Amendment Law (Questioning of Witnesses), 1957, forbidding
courts from allowing victims of sexual crimes to be asked about their sexual
history. The section specifies that in unique cases, where the court believes
that enforcing this prohibition will cause an injustice to the accused, it may
allow such questioning as long as it specifies its reasons for doing so. In
the above Shomrat case, Justice Shamgar took a strong position against
exposing rape victims to such lines of questioning, arguing that the
stereotypes which prompt courts to view such questions as relevant must be
condemned.
In 1995 the Knesset passed an additional amendment to the above law, The
Procedural Amendment Law (Amendment No. 2) (Questioning of Witnesses), 1995,
authorizing courts to order that the testimony of a complainant in a sexual
offense be given in the accused's absence, where the court believes that the
complainant or the complainant's testimony may otherwise be harmed. As this
requires the making of logistical/technical arrangements in order to allow the
accused to view the testimony, maintain contact with his defense attorney, and
ask the complainant questions, implementation has been postponed until the
beginning of 1997. This law also authorizes courts to request a professional
evaluation of the victim's condition before sentencing a person convicted of a
sexual offense, and determines that severe sexual offenses be dealt with by a
panel of three judges (the latter provision having already begun to be
implemented in 1995). Similar evidentiary provisions exist to ensure that
minors testifying against their parents in cases relating to domestic violence
not be required to testify in the parent's presence.
7.1.4. Sex Crimes Against Family Members
Section 351 of the Penal Law-1977 specifically prohibits the commission of
sexual offenses against family members who are minors, and provides severe
maximal punishments comparable to those specified for aggravated rape. Any
act of rape, or any act which according to the Penal Law-1977 is to be "viewed
as rape," which is committed against a family member who is a minor is
punishable by up to 20 years in prison. As mentioned above, "rape" includes
consensual intercourse with minors under the age of 14. Sexual, anal, or
oral intercourse with a family member between the ages of 14 and 21 is
punishable by up to 16 years in prison, whether or not the family member in
question consents to the act. "Indecent acts" committed against minors who
are family members are punishable by between 4 and 15 years. The law provides
a wide definition of family-- including parents, spouses (and ex-spouses) of
parents, grandparents, siblings, uncles or aunts, and in-laws. Siblings,
uncles, aunts, and in-laws are liable according to this provision only if they
themselves have reached the age of 15.
7.2. Family Gender-Based Violence--Legal Aspects
In 1989, The Karp Committee, headed by the Deputy Attorney General Yehudit
Karp, published a comprehensive report dealing with the phenomenon of
domestic violence. The report recommended various measures to clarify the
criminal nature of such abuse, to encourage various governmental and social
institutions to cooperate in order to treat the problem, and to provide
victims with emergency access to remedies that could provide immediate
protection.
Perhaps the most important result to come of the report's findings was the
passage of the Prevention of Violence in the Family Law-1991. Until then, no
territorial legislation existed which enabled individuals suffering from
domestic abuse to obtain emergency remedies to protect their immediate safety.
In the absence of such legislation, a woman wishing to obtain a restraining
order could do so only within the context of her applicable personal law.
The Prevention of Violence in the Family Law-1991 operates independently of
personal family law, and creates a "protective injunction," designed to
provide immediate protection for those subjected to domestic violence. The
law, which explicitly preserves the existing legal situation, has been
interpreted by the Supreme Court as adding to the options already available
according to personal law. Worded in gender-neutral language so as to
protect "family members" from domestic violence, the law considerably broadens
the definition of "family," so as to include various relationships, past and
present, within which such violence may occur. The law also explicitly
defines "spouse" as including non-marital cohabitants.
The law specifies two instances in which the court may grant such an
injunction: where the subject of the injunction has either "acted recently
with violence towards a family member or committed a sexual offense against a
family member," or where the subject's behavior may reasonably be regarded as
constituting a "true physical danger" for the family member. While opposition
to the inclusion of emotional abuse prevented the term "violence" from being
explicitly defined in the law, and while some lower courts have held that the
law applies only to physical violence, the issue has not yet been decided by
the Supreme Court. A proposed amendment to the law seeks to allow protective
injunctions to be given in cases of severe emotional abuse, but requires that
this be done in the presence of both parties.
The law specifies four main remedies which may be included in the injunction,
and which are designed to ensure the immediate safety of the abused family
member. The injunction, which may be granted for up to three months at a
time, and which may be renewed as needed for a total period of time not to
exceed six months, may prohibit an individual from: entering or nearing the
home of the family member in question, regardless of any rights he may have in
the property of that home; harassing the family member in any manner,
anywhere; acting in any manner so as to burden the family member's use of her
property; or carrying a weapon. The court may also issue limitations upon an
individual's ability to be armed if he is a member of the security forces
(army, police, etc.).
According to a 1996 amendment to the law, a court which does not include in
the injunction a prohibition against carrying a weapon must justify its
decision in writing. In addition, the law authorizes the courts to require an
individual to post bond in order to guarantee that the injunction be obeyed or
to guarantee good behavior. The 1996 amendment further provides that the
demand for bond, which may include "any instruction which, in the opinion of
the court, is necessary to ensure the safety of the family member," may remain
in effect for up to six months after the expiration of the protective
injunction. In other words, the bond may remain in effect for up to a year.
Where the injunction prohibits an individual from entering or nearing the
residence of a family member, failure to abide by the injunction may result in
immediate arrest.
The law recognizes the profound emotional distress of the abused individual
and therefore empowers the Attorney General and police prosecutors to
intervene on behalf of those adults who are unable to act. This unique
provision, allowing for action to be taken by individuals other than the adult
victim, implies the acknowledgment of the helplessness characterized as
"Battered Women's Syndrome," that often prevents abused women from actively
seeking intervention. In an additional provision intended to make it easier
for victims to come forward, the law similarly requires the court to handle
the bureaucracy involved in filing a request for an injunction.
The tendency of battered women to revoke their complaints after they have
turned to the police has made it very difficult for the police to provide a
proper law-enforcement response to domestic abuse. Steps have therefore
similarly been taken within the police to ensure that cases pertaining to
women who later withdraw their complaints are not closed. In order to prevent
misuse of the remedies provided in the law, the law stipulates that where such
misuse has been found to have occurred, the requesting party may be ordered to
pay compensation.
This change of attitude reflected in the passage of the Prevention of Violence
in the Family Law-1991 may be observed in the judiciary as well. In the 1995
case of Carmela Buhbut v. The State of Israel, a woman sentenced to seven
years imprisonment in the District Court for killing her abusive husband,
successfully challenged the severity of her punishment. Justice Dorner,
consenting to the majority opinion of Justice Bach, rejected the assumption
that imposing a long prison sentence would deter other victims of abuse from
taking the law into their own hands. Arguing that it is society's
responsibility to provide battered women with alternatives other than recourse
to violence, Dorner emphasized the fact that Buhbut's entire community--indeed
her entire family--stood by in silence for years as she suffered. The
sentence was reduced to three years, and the efforts of various public
figures, including Knesset members, have since succeeded in having Ms. Buhbut
paroled. A recent amendment to the Penal Law-1977 allows courts to impose
more lenient sentences on victims of severe abuse who have been convicted of
murdering the perpetrators of the abuse. While the amendment is not limited
to abuse within the family, it seems that this will be among its most
important applications.
7.2.1. Other Recent Legislative Amendments
Another 1996 amendment to the Penal Law-1977 makes further progress in
recognizing abusive violence within the family as a special and uniquely
severe form of assault. The amendment defines violence against family members
as a special offense and provides a maximum punishment that is double the
usual maximum punishment for assault. This amendment aims to ensure that
courts treat the issue of domestic violence with the necessary severity and to
counter trends of leniency in sentencing.
The Penal Law-1977 was also changed in 1996 to extend the statute of
limitations on sexual crimes committed against minors by their parents,
guardians, or other family members. According to the amendment, the statute
of limitations on such crimes begins when the minor reaches the age of 18.
The section stipulates, however, that where ten or more years have passed
since the crime was committed, the approval of the Attorney General is
required before it may be prosecuted.
A 1996 Amendment to the laws of criminal procedure specifically includes
reasonable suspicion that an individual committed an act of violence against a
family member as grounds for arrest.
Other recent 1996 amendments to both the above Prevention of Violence in the
Family Law-1991 and to the Penal Law-1977, allow courts to require abusive
individuals to undergo therapy. Where the court has granted a protective
injunction, and where it believes the individual in question fit to
participate in a treatment program, it may now include mandatory therapy among
the requirements of the injunction. Similarly, according to the Penal
Law-1977, courts may now order convicts who have committed acts of domestic
violence to undergo group therapy. Courts are also provided with the option
of ordering therapy without conviction in relevant criminal trials. These
changes, which reflect a "therapeutic-social" response to domestic violence,
are intended to facilitate models such as the Be'er Sheva model discussed
below, which adopt a comprehensive community approach to solving the problem.
In 1995, the Recompensation Law (Child Orphaned due to Domestic Violence),
1995 was passed so as to ensure that where one of a child's parents is killed
by the other, the child will be provided for financially. The law provides
that where reasonable grounds exist to presume that one parent has committed a
felony resulting in the death of the other, the child or children involved are
eligible to receive monthly payments from the National Insurance Institute.
In addition to the various measures discussed above which empower the courts
to prevent abusive spouses from carrying weapons, a proposed bill seeks to
amend section 13 of the Weapon Law-1949, so as to authorize courts which
convict individuals of domestic violence crimes to suspend whatever weapon
license they may have and to limit their access to such weapons when they are
performing reserve duty in the army. The proposal would require courts to
note the special reasons why the prosecution's request for such limitations
were denied, in any instance where the court decides not to issue them.
7.2.2. Spousal Murder
On March 7, 1995 the Parliamentary Investigative Committee on the Murder of
Women by their Spouses was established to look for ways to limit the problem
of spousal murder. Its findings were published in June, 1996. According to
the Committee's report, there were a total of 613 murders in the years
1990-1995, of which 73 (11.9%) involved the killing of women by their husbands
or spouses. In only 17% of the cases were there previous police complaints or
files of domestic violence involving the perpetrator. Focusing on the
general issue of domestic violence, the Report noted a number of areas in
which society's handling of the problem of domestic violence remain to be
improved. Among its main criticisms was a lack of sufficient coordination
between the various governmental bodies that deal with the problem of domestic
violence, and the related difficulty of determining precisely what programs
are available.
7.3. Extent of the Phenomenon of Sexual Violence Against Women
It is difficult to obtain precise statistics on the number of incidents of
sexual violence which occur each year. Many instances go unreported, and
victims often hesitate before turning to the police or other treatment
services for assistance. The Israeli Sexual Assault Victim's Help Centers
Union, established in 1990, operates as the umbrella organization for various
Help Centers throughout the country. Today there are eight Centers which
belong to the Union, in Jerusalem, Tel-Aviv, Haifa, Ra'anana, Eilat, Be'er
Sheva, Nazareth, and Kiryat Shmonah. While the Help Centers and their
activities will be described below, statistics gathered by the Union may be
helpful in understanding the extent of the phenomenon of sexual violence in
Israel. The following table demonstrates the growth in the number of police
files opened for sex crimes between 1990 and 1994.
Table 11 - -Files opened by Police for Sexual Violence Crimes, 1990-1994
Forced Other Sex Percent of
Year Rape Indecent Crimes Total Growth
Act
1990 265 1,126 827 2,218
1991 362 1,093 777 2,232 0.6
1992 409 1,162 964 2,535 13.6
1993 522 1,327 903 2,752 8.6
1994 513 1,351 988 2,825 2.7
Total 2,017 6,059 4,459 7,592
Source: Help Centers Union
The Israeli Sexual Violence Victim's Help Centers Union also provides useful
statistics regarding the number of incidents of sexual violence each year.
Again, these numbers do not provide a comprehensive picture of the frequency
of such attacks, since approximately two thirds of those who turned to the
Help Centers did not report to the police; thus the statistics should be
viewed as complementing one another.
Table 12 - -Requests Received by the Help Centers for Assistance Following
Sexual Attack, 1990-1994
Regional Center 1994 1993 1992 1991 1990
Tel Aviv 1268 1317 1150 788 610
Haifa 471 506 586 379 274
Jerusalem 242 224 285 239 206
Ra'ananah 219 123 62 34 29
Eilat 56 50 57 38 30
Be'er Sheba 36 34 36 21 11
Nazareth 17 12 6 0 0
Total 2309 2266 2182 1499 1160
Source: Help Centers Union
Table 13 - -Breakdown of Requests of Assistance by Region and Year, 1994
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: Help Centers Union
It is interesting to note that while the number of requests for assistance
following sexual attack has been rising steadily since 1990, the vast majority
of this growth occurred during 1990-1992.
In most of the Help Centers throughout the country, rape, followed by sexual
assault and then by incest, were the most common complaints. Despite the
growth in the numbers of reported incidents each year, the relative number of
requests relating to each type of crime has remained relatively consistent
from year to year.
Table 14 - -Requests for Assistance Following Sexual Attack, by Type of
Attack, 1994
Total
Type of Sexual Attack no. %
Rape 848 36.7
Attempted Rape 133 5.8
Gang Rape 104 4.5
Forced Sexual Contact for Extended Time 53 2.3
Paternal Incest 162 7
Fraternal Incest 83 4.8
Incest by Other 186 6.8
Sexual Abuse 512 22.2
Public Indecent Act 97 4.2
Sexual Harassment by Telephone 16 0.7
Sexual Harassment at Work 64 2.8
Sexual Harassment in the Army 21 0.9
Sex With Minors 17 0.7
Unknown 13 0.6
Total 2309 100
Source: Help Centers Union
Table 15 - -Perpetrator's Relationship to Victim, 1994
Total
Relationship no. %
Stranger 330 14.3
Superficial Acquaintance 287 12.4
Circumstanial 251 10.9
Friend/Acquaintance 360 15.6
Spouse 111 4.8
Family Member 507 22
Unknown 463 20.1
Total 2309 100
Source: Help Centers Union
As can be seen by the table below, an overwhelming 73.1% of those who turned
to a Help Center following a sexual attack chose to refrain from reporting the
incident to the police. The Help Centers, which view their task as offering
moral support and assistance to victims, follow a policy of respecting the
victim's wishes as to whether to involve the police.
Table 16 -- Relationship Between Referral to Help Center and Reporting to
Police
Total
Relationship no. %
Police Station First 316 14.5
Police Station After 117 5.4
Didn't turn to Police 1589 73.1
Unknown 153 7
Total 2175 100
Source: Help Centers Union
It is interesting to note that, as can be seen from the tables regarding
the types of sexual violence reported to the police and to the Help Centers
respectively, the proportion of incidents of sexual violence that consist of
actual rape is much higher at the Help Centers than at the police. This tends
to suggest that while rape victims prefer to turn to the Centers, victims of
forced indecent acts and other types of sexual assault are less reluctant to
turn to the police.
7.3.1. Police Handling of Sex Crimes Against Women
The 1981 police guidelines regarding the handling of rape complaints, still in
force today, note that officers must carry out the necessary investigations
while exhibiting consideration for the victim's suffering and making certain
to preserve both her dignity and her privacy. Complete discretion is to be
observed, and all investigation material is to be treated as classified. The
complainants name or other personal information should not be published, and
any line-ups must be done in a way that ensures her privacy. Only relevant
and necessary questions are to be asked, and the investigation should be
handled, if possible, by a woman police officer who has specialized in the
area. The victim is to be brought to the hospital for a medical examination
regardless of the hour at which she arrives at the station.
The Help Centers Union, together with the Israel Women's Network, has recently
implemented a Victim's Assistance Program, the purpose of which is to both
involve the victim in the criminal process and to provide her with assistance
in legal proceedings. The program has been developed in conjunction with both
the State Prosecution's Office and the Police. The Police have also recently
taken steps ,including the distribution of a pamphlet prepared by the police
and the Help Center's Union, which provides the victim with all the necessary
information and advises her of her rights.
7.3.2. Prosecutorial Policy Regarding Sexual Violence Against Women
The State Prosecutor's Office has taken numerous steps to ensure that the
interests of victims of physical violence, and especially victims of sexual
violence, be protected throughout the criminal proceedings. Internal
directives established in 1994 have been issued to the various prosecutors
regarding assistance that should be given to victims of violent crime,
including referral to relevant treatment, counseling and medical services and
information on punitive damages to which the victim may be entitled as per
section 77 of the Penal Law-1977.
7.3.2. Sentencing for Sex-Crimes
In their comprehensive study of gender-bias in the courtroom, Bryna Bogoch and
Rochelle Don-Yechiya focused on sentences imposed for sex-crimes, as compared
to sentences for other serious offenses. As their findings demonstrate, sex
crimes continue to be treated in a way similar to other bodily harm offenses,
despite legislative reforms which aim to increase the severity of sentences
for sex crimes relative to other violent offenses. For a more detailed
description of the study, see Article 15.
Despite various proposals, there is as yet no minimum punishment for sexual
violence, and the trend of lenient sentencing has remained problematic. The
average sentence for prison inmates in offenses for which the range of
punishment is 5 years to life, is 37.5 months. For sexual offenses, the
average is 24 months, while for bodily harm offenses it is 19 months.
Overall, defendants tend to be sentenced to an average of one fifth of the
maximum for the offense they are convicted of. In offenses against life, the
average sentence is approximately 1/2 of the maximum, while in sexual offenses
it is merely 15% of the maximum; in bodily harm offenses it is slightly less.
Although the actual lengths of prison sentences in sexual crimes rose as a
result of the reforms of 1988-90, the relatively low ratio of prison term to
maximum sentence has remained constant. In rape cases, the ratio is slightly
higher--1/5 of the maximum--which matches the general average noted above.
In over 1/3 of cases involving sexual violence, no prison term at all is
imposed. According to this measurement, sexual offenses are not treated more
seriously than other violent bodily harm offenses, where prison sentences are
also not imposed in more then 1/3 of the cases. In offenses against life, no
prison term is given in 10% of the cases.
Similarly, the study found that lower sentences tend to be imposed for
non-sexual domestic violence than for non-sexual violence against strangers.
For sexual offenses, however, higher sentences have been given to those who
assault members of their family than to those who assault others.
7.3.4. About the Help Centers
In addition to providing 24-hour emergency hotlines for victims of sexual
violence in various centers throughout the country and providing
individualized assistance and support groups for victims who so request, the
Israeli Sexual Assault Victim's Help Centers Union works to increase public
and political awareness of the phenomenon of sexual violence and to lobby on
behalf of victims.
The Union has also worked to promote the "Clothesline Project" in Israel. The
project began in the United States and has become an international response to
sexual violence, with at least eight other countries taking part. Similar
programs, such as "Take Back the Night" marches and vigils, and "See, Hear,
and Speak" sessions, have been sponsored in large part by the Union, in
conjunction with other NGO's.
7.3.5. Funding of the Help Centers
The budget of the Ministry of Labor and Welfare includes a section on "Rape
Victim Treatment," classified as part of the "Service for Girls in Distress."
In a November 4, 1996 meeting of the Knesset Women's Status Committee, it was
noted that funding of the Help Centers remains approximately 10% of their
overall expenses. The Minister of Labor and Welfare promised to reevaluate
the amount of funding provided, and there was talk of raising funding by 40%.
Meanwhile, however, the Help Centers remain in danger of closing due to lack
of sufficient funds.
7.4. Extent of the Phenomenon of Domestic Violence
As with statistics regarding sexual violence against women, statistics on the
number of battered women in Israel are only estimates. According to a
conservative estimate, approximately 10% of married Israeli women are subject
to domestic abuse, about 7% on an ongoing basis. 1994 reports of the Ministry
of Labor and Welfare show the number of battered women in Israel to have
reached 200,000. 27% of the 4850 instances in which women turned to legal aid
services throughout the country in 1994 had to do with issues of violence
against women.
Police files, which as explained above only began to keep systematic track of
domestic violence reports in 1995 show that during 1995, the police received a
total of 14,706 complaints of domestic violence submitted by women,
constituting 76% of all domestic violence reports. In 7774 of the cases,
criminal files were opened. There were 113 reported incidents of severe
spousal sexual violence against women (forced rape or forced indecent acts,
110 of which were opened as criminal files and 13 of which remained with no
criminal proceedings). The relative rarity of domestic sexual violence
complaints can perhaps be explained by the reluctance of most victims of
sexual violence within the family to come forward.
In 1995 a total of 9577 criminal files were opened regarding domestic violence
(including both men and women as complainants), and 3538 were closed on
various grounds. 3679 went to the prosecution, and 1524 were heard in court.
836 are in process at the police.
In 1996, a total of 14,967 incidents of domestic violence were reported to the
police by women. Exact information regarding the handling of these incidents
is as yet unavailable. Of these, 13,600 involved Jewish complainants, while
1367 involved Arab women.
7.4.1. Police Handling of Domestic Violence
Reports
In addition to serving as the basis for various legal reforms, the 1989 report
of the Karp Committee prompted a complete re-evaluation of the treatment of
domestic violence by the police, which had previously focused on
"peace-making" between the spouses involved, rather than on enforcing the
criminal law and bringing abusive husbands to justice.
The 1990 police guidelines discussed below were implemented largely as a
result of the Karp report. In 1991 the State Comptroller included in the 42nd
annual State Comptroller Report a study of the phenomenon of domestic violence
and the way in which it is treated by the police. Indeed, the report noted a
certain amount of improvement in the situation. However, it also found the
implementation of the guidelines to be lacking in certain respects. In 1993,
the Police Comptroller published a report on Police Handling of Violence
Between Spouses, criticizing the lack of full implementation of the spirit and
letter of the 1990 guidelines, and suggesting a more comprehensive approach
that would combine determined use of criminal sanctions with coordinated
long-term community intervention.
More recent reports have expressed satisfaction with the current trends within
the police force, which has continued to move forward both in its theoretical
approach and in the implementation of its policy. For example, In June of
1996 the Parliamentary Investigative Committee on the Murder of Women by their
Spouses published its findings, and praised the police for the changes in its
attitude towards domestic violence and for its current policy designed to deal
harshly with abusive husbands and constructively cooperate with other
community services. The Committee also noted a number of areas which remain
to be improved.
In October 1995, an Inter-Ministerial Committee, comprised of members of all
the relevant government offices and most of the women's organizations active
in Israel, was established to appraise the various agencies which deal with
the issue of battered women. It made various suggestions regarding the
improvement of reporting mechanisms and legal aid available to women. Its
Subcommittee on Police Affairs, comprised of representatives from the Police
Force, the Ministry of Labor and Welfare, the Justice Ministry, women's
organizations, and shelters for battered women, also published its findings.
Affirming the importance of combining law enforcement with mandatory
treatment, a majority of the members pointed to the dangers inherent in
community treatment models, which may fail to place enough emphasis on the
criminal nature of domestic violence.
The 1990 Police Guidelines
In 1990, in response to the Karp report, steps were taken to "professionalize"
the treatment of domestic violence issues within the police. A special unit
was established to monitor from above the treatment of violence in the family
as a distinct issue. Similarly, "supervising officers," in charge of ensuring
policy implementation in the specific area of domestic violence, were
appointed to police stations throughout the country.
Emphasizing the criminal nature of domestic violence and the obligation of the
police to refrain from becoming involved in the substance of the conflict, the
guidelines direct the police to give complaints of domestic violence high
priority and act to criminally prosecute the perpetrator and to give the
victim the assistance she needs. The guidelines, still in force today, also
stress the importance of cooperation with welfare authorities.
Police officers who arrive on the scene of an incident of domestic abuse are
instructed to stop whatever violence is taking place, assist the victim in
receiving whatever medical care is necessary, take steps to record evidence
and take testimony from the victims, and take the perpetrator to the station
for questioning. Only where it is evident that the complaint was groundless,
or where the offense committed was extremely light and there were no signs of
physical harm or danger that the situation may deteriorate, may the police
officer refrain from taking the suspect in for questioning. Where the couple
has children under the age of 18, the officer must notify a contact in the
Ministry of Labor and Welfare, who must then ensure that there is proper
coordination between all social services.
When a victim arrives at the police station to complain, officers are
instructed to first gather the victim's testimony. Steps must be taken
immediately to locate the suspect, and the instructions require that he be
questioned within one week, if possible. Similarly, the police are to ensure
that medical treatment is provided where necessary.
According to the National Health Regulations (Notification of Suspected
Violence), 1975, various health-care providers are required to notify the
police when they suspect a patient has been subject to violence. The
guidelines note that forms should be distributed in hospital emergency rooms
to be filled out by hospital officials where relevant.
The victim is to be informed of the various community agencies which may
assist her. Where immediate or emergency assistance is required, such as
referral to a shelter for battered women and/or legal aid, the victim must be
immediately assisted in contacting the relevant agencies. All requests by the
victim, by her representative, or by a community treatment agency for
information on the police handling of her complaint, including information on
whether the suspect has been arrested or released and all information
pertaining to protective measures, are to be complied with.
The guidelines specifically state that, as a rule, there is public interest in
prosecuting perpetrators of domestic violence. Only where the offense is
uniquely light and there has been no previous complaint, may the officer in
charge of the investigation decide to refrain from prosecution.
Acknowledging the role of threats and coercion in the decision of many
battered women to revoke their complaints, the guidelines also emphasize that
a victim's request to have her complaint revoked should not be the determining
factor in a decision to refrain from criminal proceedings.
As a rule, files will not be closed due to lack of evidence where it's the
complainant's word against the suspect's. Only where there are real grounds
to doubt the victim's voracity will her word be regarded as insufficient
evidence to continue the investigation.
7.4.2. The Be'er Sheva Model
The "Be'er Sheva Model," adopted as a result of the abovementioned 1993 Police
Comptroller Report, views the exposure given to the family crisis when the
police become involved in a specific incident as an opportunity for community
intervention; not just to put a stop to the short-term violence, but also to
get at the roots of the problem and provide a long-term solution. Thus, the
police, which as a law-enforcement agency is competent to deal mainly with the
symptoms of the problem, are to coordinate their activities with various
community agencies equipped to deal with the underlying causes of the problem.
The criminal aspect of the intervention is understood as one part of a more
comprehensive approach centered around mandatory therapy for the perpetrator
and community assistance for the victim.
The threat of criminal action is utilized so as to bring about the suspect's
participation in a mandatory therapy program. The final decision regarding
the fate of the criminal proceedings is to be postponed until the suspect
undergoes treatment and the professional opinion of the treatment service is
obtained.
Statistical studies have shown the Be'er Sheva model to be relatively
successful. "Ping-Pong" complaints (the use of mutual complaints in divorce
actions) and recurring incidents dropped significantly. A more serious police
attitude towards those complaints which were made was observed, more files
were opened, and more offenders were indicted. In general, there was a
decrease in the number of instances of domestic violence reported, but since
much of the decrease may be attributed to the drop in "ping-pong" complaints
and recurrence, many who had previously refrained from reporting began to come
forward. Various researchers, however, have criticized the model and
contended that its effectiveness remains questionable.
7.4.3. 1993 - Today
Since the publication of the 1993 police comptroller's report, significant
steps have been taken within the police to improve implementation of the 1990
guidelines and to operate according to the Be'er Sheva community model. In
the past few years, a special Community Policing Unit was established to
implement this notion of community coordination on a national scale. While
not limited to domestic abuse issues, the Community Policing Unit has had a
tremendous impact on the police approach to violence in the family, and
versions of the Be'er Sheva model have since been adopted in over 20 police
stations throughout the country, including Rishon le'Tzion, Jerusalem, Haifa,
and Ramle.
In 1995, in response to criticism included in the 1993 police comptroller's
report, a computerized system of recording instances of domestic violence,
using special codes to note the relationship between the victim and the
perpetrator, began to be implemented in police stations throughout the
country. While computerized codes had been in use since 1993 to denote the
victim's relationship to the perpetrator in cases where no criminal
proceedings were pursued, only in 1995 was this extended to those which where
criminal files were opened. This both represents an acknowledgment of the
unique nature of violence that occurs within the family, and makes follow-up
and accurate statistical evaluation possible for the first time. Steps have
been taken to put together a monthly statistical report and to enforce
statistical record-keeping on an ongoing basis.
Efforts have also been made to further enhance the professionalization of
those police officers who handle domestic violence. All Supervising Officers
participate in special training sessions, and many stations have instituted
weekly classes on domestic violence. It has similarly been decided to
establish a special office within the police force to handle these issues.
Criticism has recently been directed at the fact that Supervising Officers
tend to be overburdened, and that they are usually responsible for areas
besides domestic violence. It has been recommended that Supervising Officers
be allowed to focus all their attention on the issue of violence in the
family, and that special police officers be designated to deal only with this
issue.
A recent 1996 amendment to the Law for the Prevention of Violence in the
Family-1991 included police prosecutors as among those authorized to request
defense injunctions on behalf of battered women. While most discussion of the
options available to police has focused on the criminal sphere until now, this
amendment will require the police to formulate a policy on when and under what
circumstances to request such injunctions.
7.4.4. Statistical Data on Current Police Practices Regarding the Handling of
Domestic Violence Cases
A criminal investigation file is opened by the police in approximately 50% of
reported domestic violence involving women as victims.
Table 17 Police Handling of Domestic Violence Complaints, January-November,
1995
Total P.A. %P.A. A.T. %A.T.
Total Offences Between Spouses 17628 8787 49.8 8841 50.2
Suspect: Male Partner 13373 7057 52.8 6316 52.8
Suspect: Female Partner 4255 1730 40.7 2525 59.3
Source: Israel Police, Statistics Dept.
("P.A." refers to instances where a criminal file has been opened, while
"A.T." refers to those instances where no criminal proceeding has been
pursued.)
7.4.5. Prosecutorial Policy Regarding Victims of Domestic Violence
In addition to the various guidelines discussed above in relation to victims
of sexual and other violent crime, the State Prosecutor's Office follows
special guidelines regarding the treatment of domestic violence within the
family. These guidelines advise that, as a rule, the prosecution should
strive to obtain the maximum sentences that may be imposed for severe
instances of sexual violence. Similarly, prosecutors are instructed to
consider plea bargaining where it may be difficult to obtain a conviction, or
where the trial itself may cause additional harm to the victim.
7.4.6. Centers for the Treatment and Prevention of Domestic Violence
The Ministry of Labor and Welfare maintains a number of programs and services
for victims of domestic violence. Among the most important of these are the
Centers for the Treatment and Prevention of Domestic Violence. The Centers
were established primarily to provide telephone assistance to both victims and
perpetrators of domestic violence, and to undertake various community projects
for the prevention of violence in the family--including education and programs
to increase awareness among professionals and among the public at large. The
services provided include: diagnosis for the parties involved, individual,
couple, family, and group therapy, preventive intervention, and training
sessions for relevant professionals. In 1994 there were 9 centers, and by 1995
the number had nearly doubled to 15. Today, 19 such centers operate
throughout the country, 9 of which are run in collaboration with various
women's organizations, such as Na'amat and WIZO, and 10 of which are run
primarily by the Ministry.
Among the projects undertaken in 1995 were 24 therapy groups for battering
men, 33 support groups for victims, 18 seminars, 13 training sessions, 7
orientations, 13 special training sessions for police officers, and 56
training sessions for teachers, judges, doctors, prison service employees, and
the army.
An additional program aimed at preparing employees of the centers to further
deal with the problems of abused children and children who have witnessed
violence between their parents has been planned for 1996-7.
In addition, the 150 Social Service Departments of the Ministry which operate
throughout the country offer a complementary service to that of the centers.
The activities of the Departments include referral to other services in
emergency cases and various treatment programs and therapy sessions for
battered women and abusive men.
7.4.7. Shelters for Battered Women
The first shelter for battered women was established in Israel in 1977. Today
there are 12 such shelters throughout the country, the average shelter
equipped to house between 12-15 women, together with their children. As women
stay in the shelters for several months, relatively few women can be accepted
at each shelter every year. As a result, the number of shelters and their
geographical distribution do not meet the needs of the thousands of victims of
domestic abuse who request acceptance each year, at least two-thirds of whom
are rejected due to lack of space. According to a report of the Personal and
Family Services branch of the Ministry of Labor and Welfare, 472 women and 695
children were housed by the 8 existing shelters in 1995.
In addition to the emotional, legal, and economic aid offered to those women
who are accepted at shelters throughout the country, the shelters in Ashdod
and Herzliya have instituted the "Halfway Project," designed to assist women
in their transition back into life outside of the shelter.
The establishment of the shelters was financed by various non-profit
organizations, with no governmental participation. The ongoing upkeep
expenses of the shelters, on the other hand, are partially funded by the
Ministry of Labor and Welfare. Until 1995, approximately 50% of the expenses
were covered by the Ministry. In 1996, the Ministry raised its level of
funding to 75%.
According to conservative estimates of the number of additional shelters
required in Israel in order to reach a ratio of shelters per population
comparable to that of other Western countries, at least 8 more shelters are
needed.
7.4.8. Hotlines
Various women's organizations, with the participation of the Women and Girls'
Service of the Ministry of Labor and Welfare, operate hotlines for battered
women throughout the country. There are currently ten such hotlines in
Israel, one of which operates in Arabic. Ensuring complete anonymity and
confidentiality, the hotlines provide a 24-hour per day option for women
throughout the country who wish to stop the violence, but who are unable to
turn to the police or to make contact with treatment officials. They are run
by volunteers who provide the callers with various information, and who serve
as sympathetic listeners.
7.4.9. Coverage of Medical Treatment
Previous uncertainties regarding the extent of medical coverage given to
sexually or physically abused women as part of their National Medical
Insurance have been resolved. Today, the National Health Insurance Law covers
any and all medical expenses incurred as a result of sexual or physical abuse
against women.
7.4.10. Future Services to be Provided
1. Absorption Apartments: The project, which was slated to begin in
the mid-October 1996, aims to provide an emergency solution for high-risk
battered women who are unable to stay in a shelter. The locations of the
apartments are to remain confidential, well-protected, and equipped with a
special emergency button with which the police may be immediately notified of
any danger. In the beginning, there will be 10 such apartments provided by
the Building Ministry, and equipped to handle 120-240 women, together with
their children.
2. Hostel for Abusive Men: The project was approved in December 1995
as part of the Special Project Fund of the National Insurance Institute. The
purpose of the hostel is to create an intensive treatment center for abusive
husbands, who must participate in therapeutic programs as a condition for
suspending the criminal proceedings against them. It will also provide a
temporary housing solution for men who have been issued injunctions to leave
their homes. The hostel will be equipped to handle between 10 and 12 men at
once, for periods of 3-4 months.
3. Various other planned projects include a recorded telephone message
to provide information to victims in various languages, the establishment of a
single emergency hotline to be accessible from all over the country, and
additional training sessions for social workers and other individuals who work
with victims of domestic abuse.