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CONTENTS (Cont')
Related international conventions binding Israel
251. Israel is a party to the ILO Social Security (Minimum Standards) Convention, 1952 (No. 102) and regularly submits reports to the advisory committee on the measures taken to give effect to the provisions of the Convention. Its last report relates to the years 1992-1995.
252. Israel is also a party to the ILO Maintenance of Migrants' Pension Rights Convention (No. 48) since 1963; the last report covers the years 1979-1982.
253. In addition, since 1965 Israel is a party to the ILO Equality of Treatment (Social Security) Convention (No. 118); Israel's last report covers the years 1991-1993.
Social security branches in Israel
254. Most social security schemes in Israel are public and regulated by the National Security Law (Revised) 1995. The full text of this comprehensive law is attached in annex 2 to this report. The Law combines two kinds of arrangements: insurance-based rights, proportionate to the premiums paid; and arrangements aimed at assisting people in need. The Supreme Court declared the social purpose of this central piece of legislation as follows:
C.A. 255/77 The National Insurance Institute v. Almohar, P.D. vol. 29 (1) 11, 13-14.
255. The following branches of social security exist in Israel and are administered by the National Insurance Institute (hereinafter "NII"): maternity benefits; old-age benefits; disability (invalidity) benefits; survivors' benefits; work (employment) injury benefits; unemployment benefits; child allowances (family benefits). In addition, the NII is responsible for administering the following benefits and compensations: long-term care, mobility, income maintenance support, accident injury, rights of volunteers, hostile action casualties, violence in family, "Prisoners of Zion", "Righteous Gentiles", reserve duty service, insurance of employees of bankrupt and liquidated firms, guarantee of alimony payments and others.
256. The NII is also responsible both for collection and distribution of insurance premiums in relation to health services, according to the National Health Insurance Law which came into effect in January 1995. (Full account on this topic is provided under article 12 of this report.)
Maternity benefits
(i) Coverage
257. The following benefits are granted:
(a) Hospitalization grant, maternity grant and birth allowance to:
(i) Insured woman or wife of insured individual, even if she gave birth outside Israel;
(ii) Employee or self-employed woman working in Israel or the wife of an employee or self-employed individual working in Israel for at least six months immediately preceding the birth, even if not residents of Israel, provided she gave birth in Israel;
Paragraph (ii) above does not apply to an individual who lives in the territories or within the Palestinian Autonomy and is not an Israeli resident as defined by law;
(b) Maternity allowance and vacation pay to:
(i) An employee or self-employed woman, aged 18 or over, working in Israel;
(ii) A woman aged 18 or over in vocational training; a woman employee working abroad under certain conditions;
(c) Risk Pregnancy Benefit to a resident of Israel who is an employee or self-employed woman.
(ii) Nature and level of benefits
258. The maternity grant, given to the mother in the hospital to purchase a layette for the newborn child, is paid at the following rates: 20 per cent of the average wage* for one child, 100 per cent of the average wage for twins, and an additional 50 per cent of the average wage for every additional child born in the same birth. The grant for a multiple birth is determined according to the number of children who remain alive at least seven days; if they leave the hospital before the end of the seven-day period immediately following the birth, the grant is determined according to the number of children who leave the hospital.
259. An adopting parent receives a grant equivalent to the maternity grant, according to the number of children under 10 years old who were adopted on the same day.
260. Maternity allowance is paid at a rate of 100 per cent of the average daily income of the entitled woman in the three months preceding the determining date, from which income tax and (national and health) insurance contributions are deducted.
261. Other benefits under maternity insurance include the birth allowance, paid for six months to a mother who gives birth to three or more children at one birth; the risk pregnancy benefit, paid to a woman who ceases work due to need for precautionary rest as a result of a risk pregnancy; and the special allowance and benefit, paid to the widower of a woman who died while giving birth or within a year of giving birth.
* The reference is to the average wage according to the National Insurance Law, for purposes of benefits and insurance contributions. It is calculated according to a method determined in the Law, on 1 January of every year, and it is updated each time a cost-of-living compensation is paid to employees.
(iii) Method of financing
262. Financing of this branch is based on insurance premiums, or contributions (compulsory payments as percentage of wages or income), as follows:
Full rate Reduced rate*
Employee 0.60% 0.33%
Employer 0.15% 0.15%
Self-employed 0.75% 0.48%
Other insured 0.25% 0.11%
Government
- for employee 0.10% 0.03%
- for self-employed 0.10% -
Old-age benefits
263. An Israeli resident, aged 18 or over, unless immigrated for the first time at age 60 or over, is insured for old-age benefits. A new immigrant who is not insured due to his age at the time of his immigration and who has reached pension age is eligible for a special old-age benefit. This benefit is not covered under the National Insurance Law but rather under a special agreement, and is paid at the same rate as the regular old-age pension.
264. A recent enactment which is to be gradually implemented enables a housewife whose husband is insured or a widow receiving a pension to be covered if she does not work outside the home, was born after 31 December 1930, is between the ages of 60 and 65, and is a resident of Israel. A married woman who does not work outside her home and who receives a general disability pension, as well as other individuals not covered in compulsory insurance, may insure themselves through voluntary insurance.
(ii) Coverage and nature of benefits
265. The basic old-age pension is intended to guarantee a minimum level of basic subsistence. Men aged 70 and over and women aged 65 and over are paid at a uniform rate of the average national wage, in accordance with percentages prescribed by law and according to the number of the insurees' dependants. For men aged 65-70 and women aged 60-65, payment of pension is conditional on a means test.
266. The pension rates, as percentage of the average wage, are as follows: single person – 16 per cent; couple –24 per cent; couple with one child – 29 per cent; couple with two or more children – 34 per cent; single person with one child – 21 per cent; single person with two or more children – 26 per cent. Pension payments are adjusted whenever the average wage is adjusted.
267. The dependants' increment is paid for husband or wife, and for each of the first two children of the person receiving pension on condition that they do not receive a pension themselves. Increment rates are included in the pension rates given above. A housewife is not entitled to a dependant's increment, but to the basic pension only.
268. Other increments include seniority increment (2 per cent of the pension for each year in excess of 10 years' insurance, up to a ceiling of 50 per cent of the pension), deferred retirement income (5 per cent of the pension for each year that the person – aged 65-70 for men, 60-65 for women – was not eligible for a pension because he/she has an earned income, up to a ceiling of 50 per cent of the pension) and income supplement.
269. The old-age and survivors' pensions are financed by insurance contributions and by government participation, as follows:
(a) Insurance contributions
Full rate Reduced rate
Employee 2.70% 1.46%
Employer 1.85% 1.85%
Self-employed 4.55% 2.63%
Other insured 5.42% 2.63%
Housewife exempt
- for employee 0.87% 0.19%
- for self-employed 0.87% 0.07%
(b) Government participation
The Government provides allocations at the rate of 15 per cent of total insurance contribution receipts, full financing of pensions to new immigrants, and financing of income supplement to pension recipients.
Disability benefits
(i) Eligibility
270. An Israeli resident aged 18 or over and not yet 65 (man) or 60 (woman) is eligible.
(ii) Coverage
271. The monthly disability pension is paid at the rate of 25 per cent of the average wage for a single person whose degree of disability is at least 75 per cent. This pension is increased by 7 per cent. For those with a lower disability degree, the pension is calculated at a rate proportionate to the disability degree. The pension is adjusted whenever the average wage is adjusted.
272. The dependant's increment, as a percentage of the average wage, is as follows: for dependent spouse - 12.5 per cent, based on a means test; for each of the first two children – 10 per cent, with an increase of 7 per cent for each additional child. The dependant's increment is also subject to a means test of the disabled person. A housewife is entitled to dependant's increment for her children only.
273. Other benefits under General Disability Insurance include:
(a) Attendant's allowance: a pension equivalent to 50 per cent, 100 per cent or 150 per cent of the full individual pension is paid to the severely disabled who are dependent on the help of others for the performance of everyday tasks or who are in need of supervision;
(b) Survivor's grant: a one-time grant equivalent to the amount of the average wage paid to the spouse, or in the absence thereof, to the child or children of a deceased person who received a disability pension;
(c) Disabled child benefit: a pension equivalent to 30-120 per cent of the full individual pension, paid to assist parents with the heavy burden of caring for a disabled child at home;
(d) Special benefit for new immigrant: similar to the attendance allowance, paid to severely disabled new immigrants.
274. Disability benefits are financed from insurance contributions, as follows:
Employee 1.30% 0.71%
Employer 0.38% 0.38%
Self-employed 1.68% 0.95%
Other insured 1.95% 0.87%
- for employee 0.27% 0.09%
- for self-employed 0.27% 0.02%
Further, the State finances the special benefit for new immigrants.
Survivors' benefits
275. Same as for old-age benefits above, with the following exception: a married woman whose husband is insured or a widow who receives a pension, if she does not work outside her home is not covered by compulsory insurance; there is, however, an arrangement for voluntary insurance.
276. The survivors' pension is paid to the survivors of a deceased insured individual at levels similar to those of the old-age pension. Pension rates (as a percentage of the average wage) are as follows:
For widow/widower with a child, 16%
or aged 50 or above
For each child of the above 7.5% increment
For widow/widower aged 40-49 without 12%
child
For children for whom the widow/widower 10% for a single child
is not eligible for an increment 7.5% for each child if there is more than one child
For children who have no parents or 10% for each child
whose surviving parent permanently
lives abroad
277. If both parents die, a child is entitled to receive two survivors' pensions by force of these two separate entitlements.
278. Pensions are adjusted whenever the average wage is adjusted. Increments to the pension include seniority increment and income supplement.
279. See old-age benefits above.
Employment injury benefits
280. Covered for employment injury benefits are the following groups: employees (except for policemen, jailers and defence employees), self-employed persons, vocational trainees, persons undergoing vocational rehabilitation, working prisoners, foreign residents (including residents of the Territories and the Autonomy, working in Israel), Israelis working abroad for an Israeli employer – under certain conditions; persons whose wages are determined by law (such as Knesset members).
281. The main benefits are the injury allowance and the work disability benefit (pension and grant).
282. The injury allowance is paid for the period of incapacity to work as a result of the work injury (work accident or occupational disease), for a maximum period of 182 days beginning from the day after the injury, calculated by day, on the basis of 75 per cent of the injured person's wages liable for insurance contributions in the quarter-year prior to the injury. The daily injury allowance has a maximum limit. Injury allowance is not paid for the first two days after the injury, unless the injured person was not capable of working for at least 12 days.
283. If the person becomes disabled as a result of the work injury and has a permanent disability degree of 20 per cent or over, he receives a monthly work disability pension according to the degree of medical disability, paid at a rate proportionate to the wages and degree of disability. The pension is updated according to the cost-of-living increment and according to the changes that took place in the average wage as it was on the previous 1 January. A person receiving a disability pension who belongs to a low-income group is entitled to an income supplement. Work disabled with a disability degree of 5-19 per cent receive a one-time work disability grant equivalent to "the daily injury allowance x 21 x the disability degree".
284. Other benefits under work injury insurance include a special grant to the disabled with difficulty in walking and benefits to dependants (widows/widowers).
285. Work injury benefits are financed by insurance contributions, as follows:
Employee no payment
Employer 0.53% 0.53%
Self-employed 0.53% 0.33%
Other insured no payment
- for employee 0.17% 0.01%
- for self-employed 0.17% 0.02%
286. The Government participates in providing an income supplement to the disabled and their dependants under the Income Support Law.
Unemployment benefits
287. An Israeli or temporary resident who is an employee between the ages of 18 and 65, and a soldier within one year of demobilization from regular service are eligible.
288. The daily unemployment benefit is calculated at rates determined by law, on the basis of the daily average wage of the unemployed person during the last 75 work days of the qualifying period, up to the wage ceiling that has been determined.
289. For a demobilized soldier, the rate is determined on the basis of the daily average wage, calculated as 80 per cent of half the average wage, but not more than 80 per cent of the minimum wage.
290. Unemployment benefits are financed from insurance contributions, as follows:
Employee 0.15% 0.08%
Employer 0.04% 0.04%
Ministry of Defence unemployment benefit
to soldiers released
from the standing army
- for employee 0.11% 0.07%
Child allowances
291. All residents are covered.
292. The child allowance is a monthly allowance paid to families according to the number of children in the family. The allowance rates, linked to the credit point as in the Income Tax Order, are as follows: for each of the first two children – one credit point (NIS 144 in January 1997); for the third child – 2.0 credit points; for the fourth child – 4.05 credit points; for the fifth child – 3.4 credit points; for the sixth child – 3.75 credit points; for the seventh and each additional child – 3.5 credit points.
293. The allowance rates are updated at the beginning of every fiscal year at the full rate of the previous year's rise in the Consumer Price Index, and whenever a cost-of-living increment is paid.
294. It should be noted that until 1994 there was a Special Increment for Veterans to the children's allowance, paid to families in which one of whose members served in the Israeli Defence Forces or other security branches. In January 1994 began a process of equalization of the level of the children's allowance, irrespective of military service. In the course of this process, which continued until the beginning of 1997, the number of child-allowance points of a family that did not receive Special Increment for Veterans was gradually equalized to the number of points of a family that did receive this increment. This amendment led to a rise in the level of the children's allowance paid to about 220,000 families with three or more children.
295. Child allowance is financed from insurance contributions, as follows:
Employer 1.88% 1.88%
Self-employed 1.88% 1.18%
Other insured 2.48% 1.10%
Government 0.60% 0.04%
- for employee
- for self-employed 0.60% 0.06%
296. The Government participates at a rate of 160 per cent of total insurance contribution receipts.
Expenditures
297. Social security benefit payments amounted in 1995 to 7.0 per cent of GNP and 12.1 per cent of the government budget, as compared with 5.3 per cent of GNP and 3.5 per cent of the government budget in 1984. The main reason for the increased share of benefit payments in both GNP and the government budget is the massive immigration to Israel from the former Soviet Union and Ethiopia, which increased the number of benefit recipients, especially recipients of old-age pensions, children's allowances and unemployment benefits, by more than 60 per cent.
Combined public and private social security schemes
298. In the 50 years since its establishment, the State of Israel has succeeded in building a comprehensive system of social protection encompassing both social insurance and social assistance programmes. The National Insurance Institute is responsible for the administration of the social insurance programmes, as well as for payment of benefits under the social assistance programme, anchored in the Income Maintenance Law, 1990.
299. The majority of the formal social security schemes provide long-term benefits, which guarantee minimum subsistence by means of a flat-rate benefit (e.g. to every elderly person, to the disabled) as well as income supplements for those with no other sources of income. Other schemes (e.g. unemployment, maternity) provide short-term benefits aimed at providing income to persons temporarily out of work, and these are paid at rates relative to previous wages. Thus, in most cases, the formal system is sufficient for providing social protection to all sectors of the population. However, a number of informal arrangements do exist regarding a number of schemes, and these will be briefly outlined below.
The pension system
300. The pension system in Israel today consists of two main tiers: the first is the formal State one, whose main function is to provide the country's citizens with basic economic protection and a minimum level of subsistence. This tier is operated by the National Insurance Institute. The second tier is intended to supplement the income of the worker and his/her family so that he/she may maintain a standard of living similar to the one he/she enjoyed when he/she worked, in terms of a defined percentage of his/her work income. This tier is operated not by the State, but by means of the voluntary public insurance arrangements of the trade unions.
301. The second tier consists mainly of insurance arrangements within seven Histadrut (General Federation of Labor) pension funds and another eight smaller pension funds, together covering over 80 per cent of employees in Israel. Such insurance arrangements are often anchored in collective work agreements between employers and employees, and guarantee pensions related to the workers' wage level. Some pension funds provide their members with additional social rights under these agreements. Some of such collective agreements are extended by extension order (this tool is described under article 8 of this report) to cover all workers in specific branches of labour. This tier also includes all civil servants and municipal employees who enjoy a budgetary pension under a special law.
302. A third, far less comprehensive tier consists of private savings which may amount to a significant share of retirement income for many individuals.
Long-term care
303. The Long-Term Care Insurance (LTCI) scheme in Israel, implemented by the NII, provides a service benefit to the elderly who are largely dependent on the help of others to perform everyday functions (dressing, eating, washing, mobility in the home, etc.). Those entitled to the benefit receive long-term care services from a basket of services defined by law, which includes: assistance of care-givers in the performance of everyday functions in the home and household management, care in day-care centres for the elderly, laundry services, etc. The benefit is paid to the organization providing the services, and not directly to the elderly person.
304. This benefit was enacted in 1986 as a new chapter within the National Insurance Law (chap. 6 E). From its early stages, the purpose of this legislation was not to finance existing formal services, but to complement the then-existing system of service provision in terms of scope and quality, as well as to enhance the family's role as primary care-giver. LTCI was viewed at the first stage of implementation as an additional element in the broader spectrum of long-term care, both institutional and non-institutional.
305. Research has shown that in Israel the family is the primary provider of long-term care to the elderly and is in fact the most important resource in this care. Studies show that prior to the implementation of the law in 1988, approximately 80 per cent of the elderly dependent in functional activities of daily living were receiving care from family members, while formal services provided by Government and public agencies covered a much lower proportion of the aged. The legislators of LTCI were interested in encouraging the continued provision of informal care provided by the family, and thus did not exclude from eligibility for benefit individuals who were receiving adequate care from informal sources, thus recognizing the implied costs of this informal care.
306. Under the law, two rates of benefit are provided: the first, equivalent to a full disability pension, or 10 hours of care per week, for an elderly person who has become dependent to a large extent on the help of others for the performance of everyday functions or who is in need of supervision; and the second rate, equivalent to 150 per cent of a full disability pension, or 15 hours of care per week, for an elderly person who has become completely dependent on the help of others for the performance of everyday functions or who is in need of constant supervision. In any event, the payment of benefit is not higher than the recompense for the actual hours of care provided.
307. Since the law was first implemented, hundreds of service-providers have been set up and consolidated, about half of them public non-profit organizations and half commercial profit businesses. In many cases, the hours of care covered by LTCI are not sufficient, and the elderly persons' families supplement these with additional hours of care paid for privately from their own pockets, often by the same companies. In any case, the care provided by outside help, whether it is financed totally or only partially by social security, does not take the place of the family in the care of the elderly person, but only eases its burden of care.
The Counselling Service for the Elderly and Pensioners
308. In 1972 the NII developed a Counselling Service for the Elderly and Pensioners within its own framework. In addition, a group of friendly home visitors was organized to visit elderly people who were unable to come themselves to the local branches of the NII in order to receive aid and advice. The service is based on the work of volunteers, themselves elderly, who belong to and are supervised by the system which supplies the welfare services, but are not tied to its formal procedures. Thus, they may act as informal mediators between the system and the needy elderly.
309. The aim of the service is to improve the services provided to the elderly by the NII and not to limit itself to the granting of monetary pensions only. The NII recognized the need to place an informal system of advice and mediation not connected with bureaucratic procedures at the disposal of the elderly and pensioners in order to ensure that pensioners maximize the use of their social security rights and welfare services in the community. The project proved itself, and today operates in all NII local branches throughout the country.
Equality in social security
310. The social security system in Israel is universal with most programmes covering all residents of the country. Social security benefits are aimed particularly at the most vulnerable and disadvantaged groups: the elderly (old-age, survivors and long-term care benefits), the disabled (general disability benefits, work disability benefits, mobility allowances), the poor (income maintenance benefits), divorced and separated women (alimony guarantee payments), children (children's allowances) and the unemployed (unemployment allowances). It may therefore be stated that there are no groups which do not enjoy the right to social security at all, or who do so to a significantly lesser degree than the majority of the population.
311. The Government endeavours to ensure that the right to social security, which is both inherent and explicitly guaranteed by law, is indeed enjoyed by all, and the measures it takes in this respect are detailed below. Furthermore, it reviews legislative measures to improve the situation of various sectors of the population.
312. Regarding women, it should be noted that regardless of their personal status, women who work outside of their homes and who are paid for their work are entitled to all the benefits from the NII to which men of similar status are entitled.
313. Women, except for "housewives" (to be discussed separately), are eligible for all the benefits that are set forth in the National Insurance Law (NIL) under the same conditions as men. They are covered by work injuries insurance, vocational training, survivors' benefits, accident insurance, children's allowance, unemployment insurance, disability insurance, insurance of employee in bankrupt and liquidated firms, reserve duty benefits and long-term care insurance.
314. There are no distinctions in the law regarding the contributions (premiums) of men and women to the NII. The amount of contributions of each insured person is set as a percentage of the insured person's income, regardless of gender. It should be pointed out that only housewives (married women whose spouses are insured and who do not work outside their home) are exempt from contributions toward the benefits to which they are entitled to under the law.
315. Housewives are not covered by all types of insurance. Housewives are not considered workers according to the NIL, and therefore are not eligible for income-replacement benefits such as work injuries insurance, maternity allowance, unemployment insurance, insurance of employees in bankruptcy, and to seniority increments to the old-age pension. Women are eligible for old-age pension from the age of 60 and men from the age of 65, subject to a means test, and from the age of 65 for women and 70 for men, regardless of income. This distinction is due to the differences in retirement age that still exist in Israel, and women have the option to retire at the age of 60. All women, including housewives, are insured by long-term care insurance, and the conditions of entitlement are identical to that of men with one distinction: the age of entitlement for women is 60 and for men 65.
316. Distinctions exist between housewives and all other insured persons regarding disability insurance. A housewife requires at least 50 per cent medical disability to qualify for benefits compared with 40 per cent medical disability for other insured persons.
317. Differences also exist between the definitions of widower and widow pertaining to survivor's benefits under work injuries insurance. A widower is defined as (i) someone who has a child living with him or (ii) is unable to support himself or (iii) whose income is not more than a determined sum. A widow is defined as someone who is (i) 40 years or over, or (ii) has a child living with her, or (iii) is unable to support herself.
Administrative measures
318. NII is first and foremost concerned that the individual take full advantage of his/her social insurance rights. Every insured person who dutifully paid insurance contributions during his/her working years is entitled to receive complete and reliable information on his/her rights and to ensure they are drawn on. The NII believes that the insuring body, namely itself, is at least partly responsible for guaranteeing these rights and that it should not be left to the extent to which the individual is capable of doing so. The NII has initiated a number of activities aimed at increasing the awareness of the insured person's rights, providing the means for the person to take full advantage of his/her rights, and minimizing the bureaucratic procedures involved.
319. Following are the main such activities:
(a) Once a year, every beneficiary receives an annual confirmation detailing the types of benefits he/she receives and the monthly sums transferred to his/her account over the past year. This confirmation is recognized by all public authorities, such as government ministries, local authorities and health funds, for purposes of granting a wide range of discounts and benefits to specific population groups; for example, discounts in urban taxes, discounts in rents in public housing, discounts in telephone fees, etc.;
(b) Just before a man reaches the age of 65 or a woman the age of 60, he/she receives a letter in the mail informing him/her of possible rights to an old-age pension, the rules of entitlement and a claims form. This guarantees that the pension is initiated immediately upon retirement, without any unnecessary bureaucratic delay;
(c) The family of every child born in a hospital is automatically entitled to child allowances, without the mother having to submit a claims form to the NII. This automatic registration is made possible due to an agreement signed between the NII, the Ministry of the Interior and the hospitals, according to which the hospitals inform the NII and the Ministry simultaneously of every live birth and the identifying data on the mother. This serves as a basis for including the newborn child in the children's file at the NII and for paying the allowance directly to the mother's bank account;
(d) Many new immigrants are entitled to receive benefits, such as special old-age benefits and child allowances, from the NII immediately upon their arrival in Israel. In order to guarantee immediate commencement of rights, all the demographic information needed by the NII is received on magnetic tape directly from the data file produced at the airport. In this way, new immigrant families receive all benefits due them without having to report personally to a local branch of the NII and submit a claim;
(e) Information booklets on national insurance rights, including amendments in relevant laws, are published regularly in various languages, and distributed to all health and social service agencies in the community;
(f) Intensive use is made of the local and national press, and prime-time spots are purchased on the national radio and television stations to pass on information to the public;
(g) Sophisticated computerized technology has been installed in each of the NII's local branches, so that every claimant can receive immediate information on the state of his/her account and on the benefits being paid him/her.
320. The many and varied methods used in Israel to transfer information to the public on its rights have been proven extremely effective in guaranteeing that persons take full advantage of their rights to the various benefits paid by the NII. An ongoing follow-up study carried out on this topic shows that close to 98 per cent of the entire potential population of beneficiaries receives benefits at the scope and level that they are entitled to under law. In the NII's opinion, it is impossible to ensure that 100 per cent of the population maximizes its entitlement benefits and recognizes the fact that despite all its sincere efforts, there will always remain a marginal percentage of the population that does not receive the benefits to which it is entitled. Its experience has shown that projects aimed at the full implementation of rights has led to rather disappointing results, ones certainly not justifying the high costs entailed.
Legislative measures
321. The following measures taken to implement rights to social security in legislation, should be noted.
322. Women. Housewives traditionally were not entitled to old-age pensions in their own right. They were thus exempt from paying contributions to the NII, and received half of the old-age pension of their spouses. In 1996, in order to achieve greater gender equality in the social security system, the law was amended and housewives now receive the minimum old-age pension although they are still exempt from contributions. As a result, within a few years all women in Israel, regardless of their working status, will be covered by old-age insurance.
323. The elderly. Another vulnerable group which has received careful attention and allocation of resources in Israel are the aged, especially those who are severely dependent due to functional disability, chronic disease and cognitive impairment. The State continues to provide personal care services at home and in day centres to over 8 per cent of its elderly population under its community Long-Term Care Insurance Law of 1988. This law provides personal care on the basis of personal entitlement, thus enabling even severely disabled elderly people to remain at home, with dignity and in familiar surroundings, as long as they are able, and reduces the burden of care borne by the family.
324. The poor. As part of its programme to combat poverty and income gaps, the Government raised the level of old-age pensions by 7 per cent. Various legal provisions exist for the elderly to further improve their economic situation and enhance their quality of life and participation in society by significantly subsidizing municipal taxes, public transportation and medication for low-income groups.
325. The underlying principle of new anti-poverty legislation in Israel has been to equalize the rights to social protection between genders and among various groups of beneficiaries having similar needs, as well as raising the minimum income guaranteed to the most vulnerable groups: the elderly and single-parent families.
326. In order to reduce the number of families living below the poverty line, Israel has continued to expand its Law for Reducing the Scope of Poverty and Income Gaps, aimed at increasing protection of the most vulnerable social groups. Recent legislation significantly increased benefits paid to the elderly, the disabled, as well as single-parent families. In order to reduce poverty among large families, which constitute the most at-risk poverty group in Israel, the Government has completed final steps to raise the level of its universal child allowances to large families which will include groups which previously did not have full coverage.
327. One of Israel's most important recent accomplishments was the implementation of a National Health Insurance Program. Since 1995 there effectively has been universal coverage based on a comprehensive basket of health services. A more equitable system of health tax has been established with especially low health insurance rates set for low wage earners and all recipients of income maintenance benefits. Low contribution rates have also been set for all elderly recipients of old-age pensions. The effectiveness of this law will be measured to a large degree by the degree of equity in the access to quality health care for poor and other marginalized groups, which will be carefully monitored during the next few years.
328. Further review of trends and changes in national legislation, court decisions, etc. is available in the NII's report, Summary of Developments and Trends in Social Security - 1996, submitted to the International Social Security Association (ISSA).
Conclusion
329. Regarding measures taken to improve the lot of the vulnerable groups, it may be concluded that although we have been successful in reducing unemployment levels, pockets of high unemployment remain, especially in outlying development areas. The Government's policy is to continue allocating resources for the reduction of unemployment and poverty in these areas, thus reducing dependency on social support systems.
330. In order to continue Israel's war on poverty it is incumbent on policy makers not only to increase benefits but also to expand funding sources. Therefore, one important direction for policy will be the close examination of our social security system with the objective of increasing the degree of progressivity in our system, both in terms of taxes and the system of benefits targeted at the most vulnerable groups.
International cooperation and assistance
331. The International Labour Organization (ILO) and the ISSA provide the National Insurance Institute with a great deal of technical assistance, mainly by means of study grants abroad to senior employees of the NII. The NII, on its part, endeavours to reciprocate by assisting in guidance and instruction of workers studying abroad, particularly workers from Asia and Africa. Israel belongs to the Asian-African branch of ISSA, and within this framework participates in most regional conferences.
332. Furthermore, Israeli representatives regularly participate in the ISSA General Assembly meetings that take place every three years and in the technical activities of the organization by means of the various permanent committees, such as by replying to questionnaires distributed periodically.
333. However, the main mutual activity of Israel and ISSA is in the field of research. Israel actively participates in ISSA research conferences by preparing research papers and presenting them at almost every conference. In 1979 a research conference on the topic of "The Mutual Relationships between the Direct Taxation System and Social Insurance" took place in Jerusalem in 1979, and in 1989 our capital once again hosted a research conference on the subject of long-term care services for the very old. In January 1998 we are again scheduled to host an ISSA research conference on the subject of the impact of social insurance and other social support benefits on human behaviour.
334. In conclusion, the cooperation between ISSA and Israel contributes considerably to both sides. The experience of other countries has helped us in the development and expansion of various social security schemes, while Israel's contribution is expressed mainly in research and distribution of research findings to other countries through ISSA. Thus, the main goal of ISSA as an international organization – the promotion and development of social security in the world by means of international cooperation – is realized.
335. Israel is a party to the Convention on the Elimination of All Forms of Discrimination against Women, and in May 1997 submitted its first report to the United Nations Committee on the Elimination of Discrimination against Women.
336. Israel is a party to the ILO Minimum Age Convention, 1973 (No. 138). Its last report was submitted in 1996 and relates to the years 1991-1995.
337. Israel is a party to the International Covenant on Civil and Political Rights and to the Convention on the Rights of the Child since 1991, and will soon be submitting its initial reports on both Covenants.
Meaning of "family"
The definition of the term "family" in Israeli law
338. The term "family" is not uniformly defined in Israeli law, and different definitions can be found in distinct acts of legislation. Depending on their legislative purpose, some acts have taken a wide encompassing approach and defined the term "family" broadly. Hence, in the Domestic Violence Prevention Law, 1991, a "family member" is defined as: "spouse, parent, or parent's spouse, spouse's parent or his or her spouse, grandfather or grandmother, child or spouse's child, brother or sister, brother-in-law or sister-in-law, uncle or aunt, cousin or niece; whoever is responsible for the living, health, education or welfare needs of a minor or incapacitated person who is living with him/her, and a minor or incapacitated person living with such a guardian". For this law's purposes there is no difference between a present and a former family member.
339. A similarly broad definition can be found in the Court for Family Matters Law, 1995. A person's family member is defined there as – "(a) his/her spouse, including a partner for life, his/her ex-spouse, his/her spouse the marriage with whom has been annulled, provided that the subject matter of the proceedings is a consequence of the relation between them in the time period they were man and wife; (b) his/her child, including his/her spouse's child; (c) his/her parents, his/her spouse's parents or their spouses; (d) his/her grandchild; (e) his/her grandparents; (f) his/her or his/her spouse's brothers and sisters. A parent – includes a step-parent or a legal guardian".
340. At the same time, other acts have adopted a stricter reading of the term. For example, in the National Security Law (Revised Version), 1995, a family member is considered to be only "one of the parents, a child, a grandchild, a brother or a sister". Similarly, in the Equal Employment Opportunities Law, 1988, family members are narrowly defined as "spouse, parent, child, grandchild, brother, sister or a spouse of any of those".
341. The approach taken by the Israeli courts in ascertaining the meaning of the term "family" or "spouse" is also a functional approach which takes into account the policy goals of the pertinent legislation or agreement. Consequently, the courts have tended in some cases to stretch the concept of family beyond traditional understanding. Thus, the Supreme Court held that a tort victim has the right to claim compensation for services received from the kibbutz (collective farm) he/she lived on, on similar terms to the right to claim for services rendered by family members:
C.A. 619/78 Hunovitz v. Cohen, P.D. vol. 35 (4) 281, 295-96
H.C. 721/94 El Al Israeli Airlines v. Danilovich, P.D. vol. 48 (5) 749, 785-86
Meaning of family in administrative practice
343. Many individual entitlements to social services and benefits are shaped taking into account familial recourses. By "family" one usually means in the present context the nuclear family: parents and children. But the structure of family is in a constant state of flux. On one hand, single parenthood has risen sharply in the last 10 years (1985: 54,600; 1995: 91,900) and the state of non-marital cohabitation is partly recognized by the State for purposes of social security, pension, damages awards under torts law, resident's protection against eviction, income tax regulations, and administrative or legal benefits of various sorts. On the other hand, the concept of "extended family" is used more and more, clearly including grandparents, brothers and sisters, even though it still lacks clarity in public cognition. (The status of the "tribe", for example, is scarcely considered in this context.) In short, the legitimacy of "non-traditional" family types and the dynamic nature of families now seems to be widely recognized, but concepts still have to be shaped and sharpened.
344. In allocating resources the Government aims to support various forms of "family", while not taking a stand on which concept of family is preferable. Some benefits exist for small single-parent families and others provide added financial assistance to those families which have four or more children. At the same time, the weakened ties with extended family are being strengthened through benefits which encourage families to provide care for their ageing relatives within their own homes.
345. The practical nature of allocating resources across the social spectrum, while healing the damage caused by Israel's push into modernity, is a daunting task. Nonetheless, each form of family is legitimate in the eyes of the State and is accorded a considerable degree of both social and financial support under the law.
Majority
346. Majority, for the purposes of civil law, takes place at different ages, depending upon the specific issue. For the purposes of responsibility in civil legal proceedings, it is 18 years old. Upon reaching majority, a person may make a legal contract, sue or be sued, or carry out any other legal action or process. Prior to the age of 18, any legal action or contract entered into by a minor may be voided by his/her parent or guardian.
347. Criminal liability. Generally, majority for the purpose of criminal liability is the age 12. Adolescents by the age of 18 are to be tried at a special juvenile court. There are specific legal provisions for exceptional cases where a youngster may nevertheless be tried as an adult.
348. The right to vote. The right to vote in national and municipal elections is granted to all citizens or residents, respectively, who have reached the age of 18.
349. Military conscription. An individual is eligible for conscription into the Israeli Defense Forces from the day of his/her eighteenth birthday. A person aged 17½ may volunteer for the armed forces providing that his/her parents have given permission.
350. Consent to marry. Women may marry without their parent's/guardian's permission from the age of 17 except for special circumstances. There is no minimum age for males. A revision of the status quo as to the age of consent for males is presently under consideration.
351. Legal capacity and compulsory psychiatric hospitalization. A youth aged 15 or older may appeal an order for his/her compulsory hospitalization in a psychiatric institution. In such cases, the court appoints a legal representative to present the interests of the youth during the appeal process.
Assistance to the family and its protection
The fundamental right to family life
352. The right to family life was addressed by the Supreme Court on several occasions. It has stated:
A.C.R. 2401/95 Nahmani v. Nahmani, Takdin-Supreme vol. 96 (3) 526
353. The court emphasized in some of its decisions the autonomy of the family unit and its immunity from State intervention:
C.A. 5587/93 Nahmani v. Nahmani, Takdin-Supreme, vol. 95 (1) 1239, 1241.
354. Furthermore, the court recognized as a constitutional human right the right to parenthood:
C.A. 451/88 Anonymous v. The State of Israel, P.D. vol. 44 (1), 330, 337.
And so is the case of the right of parents to raise and educate their children, as they think best:
C.A. 2266/93 Doe v. Roe, P.D. vol. 49 (1) 229, 238-89.
Marriage
355. The Marriage Age Law, 1950, states that the minimum marital age for all women in Israel is 17. No minimum age for men is set. Since the substantive law that applies in matters of marriage is derived from the individual's religious law, the minimum age for men would be drawn from religious law.
356. The minimum age requirement is accompanied by provisions that make the arrangement of under-age marriages a criminal offence punishable by up to two years' imprisonment. The possible offenders include the person who arranges the marriage, the person who conducts the marriage, and the marrying man himself. The under-age woman is excluded. The law also provides that the mere fact that a marriage was conducted in violation of this law is a ground for divorce.
357. Article 5 of the Marriage Age Law, 1950 provides for two alternative grounds for judicial permission of under-age marriage. The first one relates to circumstances in which the under-age woman is pregnant from or has given birth to the child of the man whom she asks permission to marry. No age limit at all is attached to this ground for exception. The second relates to unspecified "special circumstances" that would justify immediate marriage, provided the woman is over 16 years old. Since the legislature has left those "special circumstances" unspecified, the Supreme Court has taken it upon itself to provide instructions as to the substance of those circumstances. In one of the leading cases, then Justice Barak firmly stated that a community's custom and tradition do not justify marital exception, since it is those traditions and customs that the Marriage Age Law, 1950 was set to abolish.
358. Criminal sanctions contribute to the reduction of the phenomenon of marriages involving minors. However, it has not been eliminated altogether, as can be seen from the following tables, which contain data on marital ages in Israel.
Source: Central Bureau of Statistics.
359. Since questions of marriage and divorce are determined by religious law alone, the secular legislature cannot decree bigamous marriages invalid when such marriages are recognized by the relevant religious laws, but can only operate against them through criminal law. Section 176 of the Penal Law, 1977, makes bigamy a criminal offence punishable by five years' imprisonment. Sections 181-182 prohibit forcing divorce upon one's wife with no judicial decree of divorce, and makes the arrangement of such prohibited marriages or divorces a criminal offence. Sections 179-180 provide exceptions for the rule against bigamy. Section 180 applies to all individuals whose religious affiliation is other than Jewish, and indicates that incapacitation of one's spouse or seven years' absence therefrom may justify marriage to another person. Section 179 applies only to Jewish people, providing immunity to a person whose second marriage was permitted by a rabbinical court's judgement that underwent the specific Halachic procedure to make it religiously valid.
360. Since religious law accommodates bigamous marriage, further legislative intervention must be made in particular areas of law where the interests of the two wives may conflict. Such accommodations were developed in response to certain population groups who immigrated to Israel. For example, the Successions Law, 1965 specifically states (in section 146) that when a man who dies was married to two women, both of them shall share in the estate, where ordinarily the estate is given to the sole wife of the deceased.
Strengthening and protecting the family
361. The basic premise of the Israeli law is that the primary obligation to support the members of a family lies with the family itself. This principle is anchored in the Legal Capacity and Guardianship Law, 1962, which defines the duties of parents and guardians. As the "natural guardians" of their minor children, parents have both a statutory obligation and a right to attend to their child's needs, including education and upbringing, vocational training, and maintenance of the child's property. Their guardianship also includes the right to custody of the child and the right to represent the child. These rights have been interpreted by the Israeli courts as "the right to fulfil their obligations". (Full text of the law is attached in annex 2 to the present report.)
362. Nevertheless, the State recognizes its obligation to protect families whenever family members substantially fail to fulfil their responsibility. Various laws grant intervention powers to the authorities (at the municipal or national level), requiring judicial approval. These powers range from issuing specific instructions to the child's parent or guardian on how to care for the child to extracting the child from their custody and assuming responsibility for the child's care, whether temporarily or definitively in the form of an adoption order. Such main laws are the Youth (Care and Supervision) Law, 1960 and the Adoption of Children Law, 1981. (Full texts attached in annex 2 to the present report.)
363. In addition, various Israeli penal laws prescribe criminal sanctions against parents or other primary care-givers for abandonment and neglect, assault and molestation (including physical, emotional or sexual molestation), and set grounds for the courts to issue protection orders against a violent family member in the home of either the child or the spouse.
364. The primary consideration in all the above cases involving children is "the best interests of the child". This concept lies at the core of a huge jurisprudence, too complex to be reviewed here. In general much weight is given by the courts to the professional opinion presented in written reports by welfare officers, who are trained social workers appointed under each law.
365. In addition to intervention powers to deal with acute crises, the Government attempts to facilitate and maintain the establishment of a family by means of various social programmes and economic benefits.
366. The main economic benefits granted by the State to aid families are part of the social security schemes provided by law on a universal basis to all families in Israel (these schemes are detailed in this report under article 9). Child allowances, designed to prevent a reduction in the standard of living of families that may result from the burden of raising additional children, provide tax relief and the payment of allowances through the social security system. Increments to benefit for dependent children are paid with old-age pensions, survivors' pensions, disability pensions, in-home care for the elderly. There are no situations in which families do not enjoy any benefit of assistance, or who do so to a significantly lesser degree than the majority of the population.
367. Special assistance to single-parent families are anchored in the Single Parent Law, 1992. (The full text of this law is attached in annex 2 to this report.) This law defines a "single parent" in broad terms applying to both women and men. The law entitles single parents to a special education grant, priority in vocational training programmes and in day-care facilities, and it raises the level of assistance in housing aid schemes. This is also provided for under the Maintenance of Income Law, 1980.
368. There exist other administrative programmes which aid families in need in various ways. For example, low-income working parents may apply to send their pre-school-aged children to government-supported day-care centres; the Health Ministry runs family health clinics in every city, which provide public counsellng, self-help groups, parenting classes, and primary health care for toddlers. Such programmes are based on need, whether implied in the qualification criteria of the programme or determined by means tests.
369. Israel also has an active voluntary sector, many of its organizations directed towards family and education-oriented projects.
370. There is a high level of interaction between the Government and the various voluntary bodies. The Government, in line with its policies, encourages volunteerism through support of existing voluntary organizations and involvement of volunteers in government agencies, and encourages residents to participate in the decision-making process on matters affecting their own neighbourhoods and communities.
371. The Government considers welfare services its responsibility, but in some service areas it relies on non-governmental organizations (NGOs) to provide welfare services as well as some of the money that is required.
372. Institutions for children in Israel are supervised by the Ministry of Labor and Social Affairs, under the provisions of the Supervision of Children's Institutions (Care Centers) Law, 1965. By-laws and regulations were drawn up by the Ministry regarding all aspects of the institutions' operations, e.g. structures, plant maintenance, supplies, personnel, professional services, etc. There is extensive supervision of all institutions for children up to the age of 12. All institutions, except for those for delinquent or mentally handicapped children, are run by NGOs. The institution determines the type of child it wants to receive.
373. An interministerial finance committee determines the level of financial support to be provided by the Government. At present, this support accounts for 85 per cent of the cost of the child in the institution. The NGOs must provide the additional 15 per cent. A special government building fund provides funding for the building of day-care centres in cooperation with the NGOs, turning them over to the municipal authority which in turn passes the centre on to the NGO for day-to-day operation. Negotiations take place annually regarding the Government's participation in child support in the day-care centres. Today the Government covers the cost of 75 per cent for each child and the NGO 25 per cent.
Equality of treatment
374. No sector of the population is excluded by law or administrative rule from receiving any of the above services. But many of the services available are restricted by budget, and the Ministry of Labor and Social Affairs has received complaints that the amount of resources allocated to the Jewish sector of the population outweighs the amount of money and resources presently directed at the non-Jewish sectors of the population.
375. Unfortunately, differential data regarding budget allocation to municipalities for social services relevant to the present Covenant are still not available.
Maternity protection
376. Labour law protection for working women is a combination of a long-standing system of benefits, provided largely through the social insurance system, for supporting mothers and their families during pregnancy, birth, and post-natal care. The result is an efficient system of maternity protection.
Maternity leave and protection of pregnant working women
377. The Women's Employment Law, 1954, establishes the right of a woman to take a paid 12-week maternity leave. Under special circumstances, including sickness, the birth of more than one child or the need for the baby's hospitalization, the leave may be extended. For four months following her regular maternity leave, a woman who works full-time may leave work for one hour each day without affecting her salary. In addition, this law provides for a woman's right to extend her absence from work - without pay but also without concern that her employment may be terminated - for an additional period which is determined by how long she was employed before the leave.
378. A recent amendment to the said law allows for men to take half of the 12-week maternity period in place of the mother, even if his spouse is not employed. This amendment recognizes the legitimate desire of many fathers to bond with their infants during this crucial period, the shifting burden of parenting upon the male, and the success of women and their legitimacy in the workplace.
379. Maternity leave is mandatory and may be taken at any point after the middle of the seventh month of pregnancy. Both men and women are allowed to take leaves of absence, characterized as sick leave, while undergoing fertility treatments. Likewise, pregnant women are entitled to paid absences from work for routine medical examinations. When high-risk pregnancy causes inability to work, the woman is entitled to her salary from the National Insurance Institute and her seniority rights are protected.
380. This same law ensures the woman's job security. An employer cannot terminate an employee during her pregnancy; if an employee is dismissed during her pregnancy, the employer has committed a crime and is subject to prosecution, while the worker is reinstated. If the worker has not informed her employer of her pregnancy (this is not compulsory until the fifth month) and is terminated, she will be reinstated, but the employer is not guilty of committing a crime.
381. The prohibition on terminating employment has an exception. The Minister of Labor and Social Affairs has the authority to grant permission to an employer if he/she is satisfied that there is no link between termination of work and maternity. The department at the Ministry charged with control powers under the Women's Employment Law also conducts the necessary inquiries for the purpose of deciding on these permission applications.
382. While the employer is not responsible for paying an employee's salary while she is on maternity leave, the employer is legally bound to continue making payments into the employee's retirement fund and any other recognized employer-employee contribution-driven plans.
Coverage and benefits
383. The first benefit is free hospitalization for the baby's delivery. This hospitalization is covered as part of the basket of services in Israel's comprehensive National Health Insurance Law, 1995. The benefit is paid directly to the hospital. Costs are covered also in the event of a stillbirth.
384. After the baby has been born, the parents receive from the National Insurance Institute (NII) a maternity grant, to defray the costs of outfitting their home for the baby. This benefit is equal to 20 per cent of the average wage. In the event of multiple births, the sum rises significantly (see birth allowance below).
385. The maternity grant is paid to all residents or wives of residents, even if they gave birth outside of Israel, as well as to non-resident women working in Israel or wives of non-resident men working in Israel, provided they gave birth In Israel.
386. There is also a grant for adopting parents, equivalent to the maternity grant, based on the number of children under the age of 10 who were adopted on the same day.
387. If three or more children are delivered in the same birth, families receive a birth allowance for six months. The purpose is to alleviate the special costs incurred with multiple births. For the third child, the benefit is equal to 50 per cent of the average salary. For the fourth child, it equals 75 per cent and for the fifth (or more) it equals 100 per cent.
388. The maternity allowance (or vacation pay in the case of adopting parents) is paid to a working mother during her 12 weeks of legally mandated maternity leave. The benefit is equal to 100 per cent of the woman's average salary during the previous three months, up to a ceiling, and is paid by the NII. This benefit is taxed and social insurance payments are deducted.
389. The birth protection allowance is meant for women who, on doctor's orders, must take a leave from work of over 30 days in order to successfully bring their baby to term. This benefit, which is 25 per cent of the average wage, is paid by the NII.
History and development
390. Maternity insurance was embodied in 1954 in the National Insurance Law, and was one of the first divisions of the National Insurance Institute. Maternity insurance was considered of utmost importance to the welfare of the family in general and to the working mother in particular.
391. The changes pertaining to maternity allowance which took place between 1954 and 1995 share a clear common denominator: the widening of the circle of women entitled to maternity allowance, both by changing the calculation of the qualifying period and by changing the definition of the entitled population. The rates of the allowance were not changed until 1995, when it was increased from 75 per cent of the woman's (gross) previous wages to 100 per cent of her (net) wages.
392. The main changes which occurred in the maternity grant since 1954 can be summed up as follows:
(a) 1955: the size of the maternity grant aimed at acquiring a layette in the case of a multiple birth was increased.
(b) 1986:
(i) Distinction was made within the maternity grant between the layette grant aimed at acquiring a layette and the hospitalization grant paid directly to the hospital, except in cases in which the birth took place in a hospital in which there was no payment arrangement with the NII (such as hospitals abroad). In such cases the mother submits receipts and is reimbursed, up to the amount of the grant determined by law. The layette grant is given as a cash payment directly to the mother by the hospital in which she gives birth;
(ii) A method for adjusting the maternity grant was determined: 20 per cent of the average wage for purposes of benefit payments in January every year, with additional adjustments reflecting cost-of-living increments. Thus, the real value of the maternity grant is maintained and anchored in law; its adjustment is automatic and not subject to the discretion of the Minister of Labor and Social Affairs, as previously.
393. The birth allowance was added in 1986 within the framework of maternity insurance: the birth allowance is paid to a family in which three or more children were born in the same birth, of which three or more remained alive for a period of time determined by law, in order to help the family overcome the economic burden of a multiple birth. The risk pregnancy benefit was instituted in 1991. Free hospitalization for delivery prior to the enactment of the National Health Insurance Law in January 1994 was paid by the NII.
Equality
394. All of the above-mentioned maternity protections and benefits are granted to all citizens and residents of the State of Israel, regardless of race or religion. Only those who have not paid their social insurance dues for a minimum number of months in the two years preceding the child's birth are not entitled to full financial benefits granted by the NII. There are no groups of women who do not enjoy any maternity protection whatsoever or who do so to a significantly lesser degree than the majority. (Additional information is provided in this report under article 9 of the Covenant - Social Security.)
Youth protection
395. The Youth Employment Law, 1953, prohibits employment of persons under the age of 15. During summer the minimum age drops to 14, but permission from the Ministry of Labor and Social Affairs is required. Moreover, youngsters over the age of 15 who are still under the purview of the Compulsory Education Law may be employed only in accordance with the Apprentice Law, 1953. (Full texts of these two laws are attached in annex 1 to this report.) A labour contract with a person under minimum age is void, even with the consent of his/her parent or guardian.
396. According to official government data, about 30,000 young people aged 15-18 were legally employed in 1995. This figure represents 11 per cent of Israel youth. There are no accurate data describing the distribution of working youth according to sector or type of employment, nor are there data on the extent of employment of youth within the household. Youth on kibbutzim (collective farms) often work there during school vacations, largely in agriculture, service occupations or light industry. The number of youth in this group is small since the total percentage of people of all ages who reside on kibbutzism is less than 3 per cent of the country's population.
397. It is believed that there are a few tens of thousands of children employed illegally in Israel. Their employment is illegal either due to the children's age or because they are working longer hours than the maximum permitted by law. Most of these children and youth are employed as physical labourers in outdoor markets and other temporary jobs. In 1994 the Israeli police established a unit for the enforcement of labour laws. This unit has made concerted efforts to enforce child labour laws.
398. Lately, the distribution of information on child labour laws to both youth and employers has increased. Printed materials have been prepared and distributed by voluntary organizations such as the National Center for the Child and the Union of Youth Workers, an organization created specifically to represent the rights of workers under the age of 19.
399. There are no accurate official data regarding the phenomenon of illegal employment. However, the common perception among government officials is that there has been a slight decrease in illegal child labour in the last two years. It is nonetheless clear that in order to reduce the instance of illegal child and youth labour, better enforcement is needed, as is better awareness of labour laws among children and employers.
400. Finally, legal provisions pertaining to special protection of children within the family, such as protection from neglect, child abuse of all sorts, etc., have been described in paragraphs 352-375 and are relevant in the present context also.
401. The right of everyone to enjoy an adequate standard of living is generally considered as obvious and is recognized under the Israeli legal system. This recognition is not embodied in one single legal text. Instead, there exist various legal entitlements and administrative measures aimed at securing everyone's subsistence, which are described in this chapter. All together, these entitlements and measures embody a definite commitment on the part of the State to securing a decent standard of living for everyone.
402. Furthermore, one can say that the "right to basic needs", as a coherent right standing on its own, is an emerging concept in the Israeli legal culture. There are a few signs to support this statement that should be briefly surveyed before going into the details of housing and food rights.
403. The most evident indication of the emergence of a constitutional right to basic needs is the already mentioned Basic Law: Social Rights Bill (1993). One should also recall the interpretation given to the Basic Law: Human Dignity and Freedom (1992) in one of the Supreme Court President's books, according to which the right to basic needs is part of the constitutional right to human dignity (Barak 1994:416).
404. Also important in this context are various remarks made by the Israeli courts. The Supreme Court has dealt with the right to basic living conditions mainly in the context of providing minimal guarantees to those affected by the exercise of legal rights. One example of such a guarantee is the case of alimony and child support payments. The court has ruled that even when such payments can be normally withheld (e.g. for refusal of the recipient to respect the rights of the supporting party), this rule does not apply when the recipient lacks basic living needs:
C.A. 1741/93 Azoulai v. Azoulai, Takdin-Supreme, vol. 94 (2) 1784.
405. A similar problem has risen in the case of traffic accidents that deprive the victim of living resources before the completion of the legal proceedings. In order to alleviate this problem the legislator amended the Compensation for Traffic Accidents Victims Law 1975 and introduced the possibility of claiming intermediate compensations, on which the Supreme Court remarked:
C.A. 387/82 Karnit – Compensation for Traffic Accident Victims Fund v. Assido, P.D. vol. 40 (4) 213, 219.
406. In another case, the Supreme Court discussed the Judgment Execution Law, 1967, which limits the creditor's right of recovery, in light of the social conditions of the debtor:
C.A. 711/84 Israel Discount Bank Ltd. v. Fishman, P.D. vol. 41 (1) 369, 374-375
407. The Supreme Court addressed on several occasions the question of what are minimal standards of living in the context of imprisonment conditions, and held that:
H.C 221/80 Darwish v. The Prison Service, P.D. vol. 35 (1) 536, 538-40 [minority opinion, rejected on other grounds]
408. The above citations are not representative of a coherent and systematic judicial approach. Examples of disregard of socio-economic factors in judicial reasoning can also be found in Israeli jurisprudence. But these are encouraging signs when evaluated in the context of a growing awareness of social rights as fundamental or constitutional rights.
The current standard of living of Israel's population
Available data on living standard and poverty
(i) Standard of living
409. The following tables present the main available data up to this date on the standard of living in Israel.
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