NGO
Report:
Critique of Israel’s
Combined Initial and Second Report
to
CEDAW
Submitted to the United
Nations Committee on the
Elimination of
Discrimination Against Women
17th Session, July
1997
For Consideration by the
CEDAW Committee
in its review of the
Government of Israel’s Initial and Second Report
The Working Group on the
Status of
Palestinian Women in
Israel
___________________________________________________________________
Critique of Israel’s
Combined Initial and Second Report to CEDAW
The Working Group on the
Status of Palestinian Women in Israel, a national network of Palestinian Arab
human and women’s rights organizations, submits this critique of the “Combined Initial and Second Report of
the State of Israel Concerning the Implementation of CEDAW” (IR) to the 17th
session of the CEDAW Committee.
This critique supplements the Working Group’s NGO report entitled, “The
Status of Palestinian Women Citizens of Israel” (WGR).
The Working Group
recognizes the efforts of the Israeli government in preparing this expanded
version of its report. A prior
draft obtained by the Working Group in the Spring of 1996 consisted of 14 pages;
it mentioned “Arab women” only once, commenting on their disadvantageous
position as seasonal agricultural workers, and the government’s difficulty in
implementing the Compulsory Education Law for “Bedouin girls.” The government’s report submitted to
CEDAW at this time includes many issues of importance to Palestinian women in
Israel, none of which appeared in first version, and a self-critique,
particularly in the area of the lack of budgets allocated to governmental
committees and NGOs that provide services to women.
The Working Group’s
critique is organized around eight main themes discussed below. Several comments refer to the scope of
the report itself, whereas others discuss the underlying policies of the
government toward the Palestinian minority in general, and Palestinian women in
particular. For the sake of
brevity, this critique highlights main themes and major illustrative
examples.
1. Israel’s Report Represents Palestinian
Women as ‘Non-Jews’, ‘Arab Women’, ‘Israeli Arabs’, ‘Arabs & Others’,
‘Moslems’, ‘Christians’, ‘Druze’, and ‘Bedouin’, and not as Palestinian Women in
Israel.
The way in which
Palestinian women are represented in the government’s report reflects Israel’s
policy of not recognizing the Palestinians living in Israel as a national
minority. The significance of this
fact is that, by doing so, Israel has denied the Palestinian community rights as
a national minority according to international law. Moreover, because of this policy of
non-recognition, there is no consistent way in which the government documents
the situation facing Palestinians in Israel in general or Palestinian women in
particular. This reflected
throughout Israel’s report.
2. Israel’s Report Tends to Shift the
Discussion of Discrimination to the Cultural, Religious, and Traditional Norms
of Palestinian Society.
(I) In explaining the low
official employment rate of Palestinian women, IR (p. 148-149) states that “many Arab women of working age, and
specifically Arab village women, do not register themselves at the Employment
Bureau, and consequently they do not enjoy unemployment benefits.” IR offers the following reasons as
to why Palestinian women fail to register:
“(1) The women’s parents or
husbands do not allow them to leave their village for this purpose. (2) The high rate of unemployment
creates pessimism in terms of their chances of finding work even through the
Employment Bureau. (3) In many
cases, the expense of the trip to the Bureau is a deterrent, since it is usually
far from the village.”
Large numbers of
Palestinian women work in undocumented, unregistered, low-wage positions; these
jobs are most easily accessible and open to them. Few registered job opportunities exist
in Palestinian villages (due in large part to governmental neglect), and a
limited number of jobs are open to Palestinians in general throughout the
country. Further, employers do not
register many employees so that they do not have to pay taxes. Thus, women cannot subsequently go to
the Employment Bureau to collect unemployment benefits. Mechanisms must be devised and
implemented to monitor and enforce work laws to prevent abuses against
Palestinian women workers.
(II) IR (p. 179-183), in its discussion of
Palestinian Bedouin women, raises a number of important issues to women within
the community, but essentially abdicates the government from any responsibility
for what it describes as “cultural practices,” even where these practices are
prohibited by law. These include
polygamy, forced marriages (often child marriages), ritual female genital
mutilation, and so-called “honor killings.”
Some additional comments
must be highlighted here concerning the approximately 100,000 Bedouin citizens
of Israel who live in the south (the Negev) in government-planned towns or as
described in IR (p. 179), “scattered across the desert.” Land expropriation, forced
sedentarization and relocation to government-planned towns, house demolitions,
and the denial of basic services (water, electricity, telephones, health care,
schools, etc.) have characterized and continue to characterize government policy
toward Bedouin communities in the Negev (WGR p. 54-55). Uprooted from their ancestral lands and
compelled to move to other areas, Bedouin land claims remain disputed issues
with the state. IR (p. 181)
describes this policy as the “government-sponsored transition of Bedouin
communities from semi-nomadic lifestyles to permanent residence,” and its effect
on the lives of Bedouin women -
“these traditional women are unequipped and unable to enter into the
labor market or pursue formal education” - without providing the full
picture.
3. In Several Fields, Israel’s Report
Offers Incomplete and Thus Misleading Information.
Overall, IR omits facts and
figures which illustrate huge gaps between Palestinian and Jewish citizens where
these disparities are due to governmental discrimination. IR also provides only partial
information in numerous areas where the full picture reflects poorly on the
government.
(I) IR (p. 94-95), in discussing Article 10
of the Convention, states that the content of studies in non-Jewish sectors
reflect the necessary differences in languages and cultures of different
populations. Contrary to this
claim, overall, the curriculum in most Palestinian schools reflects the ideology
of the state. Palestinian students
learn much about Jewish and Zionist history, literature, and culture, and very
little to nothing about their Palestinian heritage. Palestinian students are thus not given
any opportunities to strengthen their own ethnic identity or their sense of
belonging to the Palestinian community.
Moreover, IR’s
mis-characterizes the declared objectives of State Education Law by only
including one part of it. IR
(p. 95) claims that the State Education Law (1953) “states that State education
is to be based on building a society on the foundations of freedom, equality,
tolerance, mutual assistance, and the love of mankind.” The State Education Law also declares that the education system
in Israel will emphasize the “values of Jewish culture” and “love of the
homeland and loyalty to the State and Jewish people.”
The Netanyahu government,
in line with these objectives, has formulated education guidelines and
implemented policies designed to entrench these values. The guidelines state
that:
“Education will be grounded
in the eternal values of the Jewish tradition, Zionist and Jewish consciousness,
and universal values. The Book of
the Books, the Bible, the Hebrew language, and the history of the Jewish people
are the foundation stones of our national identity, and will take their rightful
place in the education of the young generation.”
(II) IR notes that Israel
lacks a constitution. However, it
also states that “most chapters of the prospective constitution have already
been written and enacted as Basic Laws.” (IR p. 9) As interpreted by the courts thusfar,
these Basic Laws have not afforded constitution-like protection to the
Palestinian minority. Moreover,
contrary to the representations made in IR (p. 11), the Supreme Court has not
yet definitively declared that the principle of equality - the most important
principle for eliminating discrimination against the Palestinian community - is
part of the Basic Law: Human Dignity and Freedom. This same Basic Law declares that Israel
is a Jewish state. This provision
of the Basic Law read together with the enumerated rights explicitly stated in
the law creates a contradiction - can Israel be a Jewish and democratic
state?
This question is also
raised by Israel’s Declaration of Independence. IR (p. 11) states that Israel’s
Declaration of Independence 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.’” What is omitted in IR is that the
Declaration also refers specifically to Israel as a “Jewish state” committed to
the “ingathering of the exiles” (the Jewish people).
A
reader unfamiliar with the Israeli legal system might interpret the statements
in IR pertaining to the Basic Laws and the Declaration of Independence to mean
that principles such as equality and non-discrimination are fundamental rights,
and that they are adequately enforced by Israel’s courts. This is not the case. (A brief overview of the Palestinian
Minority in the Israeli Legal System
is attached an appendix).
(III) IR (p. 60) notes that the government
funds 75% of the budget of women’s shelters in the State. This allocation took effect this
year. This fund apportions money to
the shelters per woman, without providing funds for fixed personnel costs (which
may not be covered if a shelter is not operating to maximum capacity). Omitted from IR is also the fact
that with this increased allocation, a woman seeking assistance from a shelter
is required to obtain the signature of a social worker in her village or town
before funds for her stay are provided to the shelter. This requirement imposes an undue burden
on Palestinian women as social workers in their villages are oftentimes family
members or at least know the woman’s family (WGR p. 72). This situation
jeopardizes the woman’s confidentiality, and increases the chances that she will
be encouraged to return to her home to work it out without involving the
authorities.
(IV) IR (p. 37) notes the initiation of a 3
million shekel (approximately US $1 million) Media Campaign Against Violence by
the Prime Minister’s Office. IR
ignores the fact the budget was subsequently cut to 1.5 million (WGR p. 70), and
that no suggestions offered by Palestinian women to aid in reaching the
Palestinian community were implemented by the Prime Minister’s Office. These recommendations included the
establishment of a professional committee of Palestinian women to prepare
specialized materials in Arabic, with a message relevant to the Palestinian
community, and the allocation of a portion of the budget specifically for an
Arabic media campaign. Moreover,
the government’s message in encouraging women to seek help - “The State is with
You” - has negative connotations for the Palestinian community because of the
historical situation. The
government’s campaign against violence has not reached Palestinian towns and
villages. Moreover, the
government’s campaign directs women to call the police and social welfare
offices, and does not provide information about NGO services for women in
need.
(V) IR (p. 56) notes the existence of police
guidelines and regulations for police handling of domestic violence cases. When Working Group members tried to
obtain a copy of these guidelines, they were told that these directives were not
in written form and were not available to the public or NGOs.
(VI) In its section on Rehabilitation
Programs for Women in Girls in Distress (IR p. 66), IR mixes rehabilitative
services for prostitutes and drug addicts with shelters for Palestinian girls in
distress. IR dramatically
overstates the problem of drug abuse, prostitution, and other crimes among
Palestinian girls, as it notes Arab women comprise 20% of the population in
these facilities. Palestinian girls
generally find shelter in these homes for family violence related issues. Moreover, IR notes that this service is
under the Ministry of Labour and Welfare; it ignores the fact that it is
operated by Women Against Violence, a Palestinian women’s
NGO.
(VI). In discussing the Poverty of Women (IR
p. 176-177), IR notes that among “non-Jewish working women the poverty rate is
20%, and among non-Jewish working men, it is 23%. These figures do not portray an accurate
picture of Palestinian working women who live in poverty, as a large percentage
of Palestinian women are undocumented and unreported workers. Moreover, IR ignores the fact that over
60% of Palestinian families live below the poverty line. This figure was found by the Working
Group in a report prepared for and published by the Prime Minister’s Office.
4. Israel’s Report Ignores the Role of the
State in Discriminating Against Palestinian Citizens.
A
prime example of this occurs in the section on Women’s Employment among the Arab
Population in Israel (IR p. 148).
IR states:
“Most Arab villages are
located in Israel’s periphery, far from Israel’s centers of economic
activity. In the past, agriculture
was an integral source of income for Arab villages ... Down-sizing in the
agricultural industry, which occurred as a result of the expropriation of farm
lands, shifted the main focus of the villages to city work and left a vacuum in
the job market for Arab women.”
Although IR mentions
‘expropriation of farm lands’, there is no discussion of the fact that the
Israeli government expropriated over 80% of Palestinian owned land, and did not
develop industry or recognize Palestinian towns and villages as development
areas where investors are entitled to enormous tax incentives and government
grants. The Israeli government
created centers of economic activity in Jewish areas and neglected Palestinian
localities, segregated from Jewish cities, towns, and villages. The issue of lack of industrialization
and infrastructure affects the entire Palestinian minority in the country - men
and women. The Jewish economy is
strong, in large part, due to the central role that the government plays in
developing industry and incentives for private investors.
In
general, the Education section of IR (p. 94-119) details the progress made by
Palestinian women from the 1960s through the 1990s in obtaining greater levels
of education. Although not noted,
this trend is true for women throughout the world. While the details provided in IR are
accurate, the section completely ignores the enormous gaps that still remain -
in large part due to the policies pursued by the Ministry of Education - between
Jewish students and Palestinian students, and Jewish girls and Palestinian girls
in particular in terms of drop-out rates; poor facilities; quality of education;
scholarships, etc. The section also
ignores the lack of funding for Palestinian students to attend university (and
military service preferences enjoyed almost exclusively by Jewish students), and
the lack of Palestinian academics appointed to university positions.
IR
(p. 146) notes that the “Arab population suffers from a serious shortage of day
care centers, and most of the centers that do operate in Arab sectors are only
open until 2 p.m.” The Ministry of
Labour and Welfare is responsible for operating thousands of day care centers
throughout the country. Thus, the
government is to be held accountable for not providing appropriate day care
facilities for Palestinian communities, which makes it more difficult for
Palestinian women to hold full time employment and limits the early childhood
educational opportunities for Palestinian youngsters.
5. Several sections of Israel’s report
completely neglect any mention of Palestinian women as a group, ignoring their
unique situation and problems.
Articles 2, 4, 5, 7, 8
& 13 of IR do not include any discussion about Palestinian women. In other sections, where Palestinian
women are mentioned, to some extent, IR offers no suggestions for improvement of
the situation or any analysis as to why the situation is as it is, and the role
of the government in creating it.
Some examples
include:
I)
Background Facts & Figures About Israel - The recent history of the
Palestinians in Israel is not documented (IR p. 7);
II) Article 2 - Obligations
to Eliminate Discrimination (IR p. 15-22):
This section discusses various mechanisms established to promote the
status of women in Israel. In
noting the Ben-Israel Sub-Committee which offered proposals the improvement of
civil service opportunities for women (IR p. 17 & 20), IR states that today
almost 60% of civil servants are women.
IR does not answer to how many Palestinian women are employed as civil
servants? what is the specific government policy regarding the recruitment and
promotion of Palestinian women in the civil service? how is the State Service
Appointments Law (1995), which introduces a policy of affirmative action into
the civil service, being implemented
as to Palestinian women?
III) Article 5 - Sex Roles
& Stereotyping (IR p. 30-36).
This section discusses women and the media. It offers no information as to the
number of Palestinian women employed in the media; their respective
positions/rank as employees or managers; or the representation of Palestinian
women by the media.
IV) Article 7 - Political Participation (IR
p. 68-75). This section offers no discussion of the dramatic
under-representation of Palestinian women in political power, and nothing about
Palestinian women’s activism in the peace movement. It notes that 10.5% of women hold senior
staff positions in the civil service, while neglecting to mention that this
percentage pertains solely to Jewish women. It also emphasizes that 40% of the
judiciary are women, while omitting the fact that only three Palestinian women
of 146 women judges (and 229 men) are judges. Of these three Palestinian women judges,
two are recent appointments.
V)
Article 8 - International Representation (IR p. 89-91). This section does not
mention the lack of Palestinian women recruited to international delegations
(i.e. no Palestinian women participated in the government’s delegation to
Beijing). Moreover, the section
does not discuss the fact that no Palestinian women in Israel are involved in
the peace talks or international organizations although Palestinian women were
and are a major force in promoting peace activities.
VI) Article 13 - Social
& Economic Benefits (IR p.172-178) - This section ignores the fact that no
Palestinian women are members of governmental Boards of Israeli companies; no
mention is made of Palestinian women’s small business initiatives; and no
statistics are offered as to the specific circumstances of Palestinian women
single family households or Palestinian elderly women living in poverty.
VII) Article 16 - Equality
in Marriage and Family Law (IR p. 200) - This section does not discuss any of
the problematic issues for Palestinian Moslem, Christian, or Druze women such as
polygamy, forced marriages, divorce, child custody, marital property, or child
marriages.
6. Israel’s Report Oftentimes Takes a
Paternalistic and Traditionally Stereotypical Approach Toward Palestinian
Women.
In
its discussion of Organizations for the Advancement of Arab Women (IR p. 25),
the Government’s Report states:
“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.”
This statement completely
ignores Palestinian women’s consciousness of the struggle for rights; portrays
Palestinian women as needing Palestinian men or ‘Arab movements’ to act on their
behalf; reduces the goal of Palestinian NGOs to that of obtaining money from
overseas sources; and insinuates that Palestinian women are being used by Arab
movements solely for monetary purposes.
Further, the government
chooses to highlight only three Arab Organizations for the Promotion of Women
(IR p. 25-26), one of which is a Jewish-Arab organization (Movement of
Democratic Women); the other of which is a local community organization and not
a women’s NGO which offers training in sewing (Arraba Almostakbal Association);
and the last of which is Al Fanar, a small group of women not involved in any
nationwide organized activities at this time.
Contrary to the
representations made in IR, many independent Palestinian women’s organizations
exist in Israel (WGR pp. 14, 16, 71-74), including Palestinian Bedouin women’s
organizations (Cf. IR p. 182), such as the Lagiya Women’s Committee. These groups offer services and
educational programs (not offered by the government) and conduct advocacy
campaigns. None of these groups
were mentioned; all were completely ignored, even Women Against Violence which
runs two shelters for Palestinian women and is funded by the government.
7. Israel’s Report Emphasizes the
Government’s Role in Service Provision to Women in Need and Marginalizes the
Significant Role Played by Women’s Rights and Human Rights NGOs.
In
its discussion of Violence Against Women (IR p. 44-61), IR portrays the
government as the initiator, operator, and funder of services for women who are
victims of gender-based violence; the report does not mention the tremendous
role played by NGOs in this area (WGR pp.71-74).
Further, IR’s does not
mention that government support for NGO services is conditional and supervised
by the government. In order to
receive funds, an NGO needs to show that it operates services for abused women
in a manner which is consistent with the government’s family-oriented approach
to violence, rather than a feminist approach which views abuse as a violent
criminal act and seeks to protect women from this violence.
Moreover, IR emphasizes the
government’s role in providing vocational training for Palestinian women, while
neglecting to mention that NGOs, prior to the government’s involvement,
conducted such training for women (i.e. as kindergarten teachers, for
secretarial skills, etc.)
8. Israel’s Report Highlights Proposals for
the Implementation of the CEDAW Convention, None of Which are Currently in
Place.
The governmental mechanisms
described in IR to promote the status of women read, to the average lay person,
as quite thorough and comprehensive.
It must be noted that Article 2 of IR’s, which details these mechanisms,
is built upon a proposed bill - Authority for the Advancement of Women Bill
(1996) - that has made its way only through a first reading in the Knesset. As IR points out, there is no
provision for a separate budget for the Authority contained in the
bill.
There is currently no
mechanism in place in Israel to monitor the government’s implementation of the
CEDAW Convention or any other international human rights treaties, declarations
or platforms for action which obligate the government to take measures to
eliminate discrimination against women.
Appendix
The Palestinian Arab
Minority in the Israeli Legal System[1]
The Declaration of the
Establishment of the State of Israel (1948)[2] states two principles
important for understanding the legal status of Palestinian Arab citizens of
Israel. First, the Declaration
refers specifically to Israel as a “Jewish state” committed to the “ingathering
of the exiles.” At the same time,
the Declaration promises that the new state will maintain complete equality of
political and social rights of all its citizens, irrespective of race, national
origin, religion or sex. There is a
tension between these two principles, in that the first emphasizes the national
character of the state which privileges one group - the Jewish people - and the
second emphasizes the universal status of each citizen in a
democracy.
An
examination of Israeli law shows that the Jewish character of the state is
evident in many respects. The most
important immigration laws, The Law of Return (1950) and The Nationality Law
(1952), allow Jews to freely emigrate to Israel and gain citizenship, but
excludes Palestinians, even though they were born here. Israeli law also confers
special quasi-governmental standing on the World Zionist Organization and the
Jewish Agency, organizations which by their own charters cater only to
Jews.[3] Various other laws such as The State
Education Law (1953), The Chief Rabbinate of Israel Law (1980), The Flag and
Emblem Law (1949) give recognition to Jewish educational, religious, and
cultural practices and institutions, and define their aims and objectives
strictly in Jewish terms.
In
addition to these laws, a multitude of other laws and government policies
contain facially neutral criteria but have a discriminatory effect on
Palestinian citizens in Israel.
Most prominent of these criteria is the requirement of military service
for obtaining preferences and benefits.[4] Most Jewish Israelis -
male and female - serve in the military whereas the Arabs of Israel (except
Druze and some Bedouin men) are not drafted. Consequently, about 90% of the Arabs are
excluded from receiving substantial benefits including enlarged housing loans;
partial exemptions from fees in state-run occupational training courses; and
preferences in public employment and acceptance to university, educational
loans, and campus housing.
Further, the discretionary
powers entrusted to various governmental ministries and institutions --
including budgeting policies, the allocation of resources, and the
implementation of laws -- result in significant de facto discrimination between
Jews and Arabs. Huge gaps in the
Interior Ministry’s contributions to local government budgets exist between
Jewish and Arab municipalities and local councils;[5] the Ministry of Education
allocates substantially less funding to Arab schools than to Jewish
schools[6] and provides a very
limited number of educational
programs for weak Arab students in comparison to Jewish
students;[7] and the Ministry of
Religious Affairs affords a small fraction of its budget to the Muslim,
Christian, and Druze religious communities.[8] Funds for special projects
such as the renewal and development of neighborhoods and improvements in
educational programs, services, and facilities are also disproportionately
allocated to Jewish communities.
Moreover, certain statutory powers related to the provision of services
are unevenly implemented and various laws are selectively enforced. To date, discretionary powers have
rarely been used by the Israeli authorities to benefit the Arabs in Israel.
These examples amply
illustrate entrenched discrimination against the Arab community which seemingly
contradict the principle of equality.
Although the Supreme Court of Israel[9] has recognized the
equality principle as a fundamental right, Israel lacks a formal constitution or
a Bill of Rights which entrenches the rights of equality. In the few Palestinian
cases brought before the Supreme Court alleging discrimination, the Court has
generally favored Jewish interests.
A notable example is Wattad v. Minister of Finance[10] in which Palestinian Arab
members of the Knesset challenged a government policy of paying benefits,
reserved by law for those who served in the army, to yeshiva students
(ultra-orthodox religious Jews) who had not served. The petitioners argued that this policy
violated the principle of equality and constituted discrimination because it
exempted Palestinian students who do not serve in the army but benefited
non-enlisted yeshiva students. The Supreme Court ruled that special treatment
for yeshiva students was justified because of the traditional place of the study
of Torah in Israeli society.[11]
In
1992, the Knesset passed the most important law protecting civil liberties: ‘The
Basic Law: Human Dignity and Freedom’.[12] This law empowers the
Supreme Court to overturn Knesset laws which are incompatible with the following
enumerated rights: the right to dignity, life, freedom, privacy, property, and
the right to leave and enter the country.[13] The right to equality is
not expressly included, however, a 1994 Amendment to this Basic Law states that
the principles enunciated in the Declaration of the Establishment of the State
(1948) are part of the values protected by the Basic Law. As the Supreme Court stated in 1994,
“The equality principle is incorporated in the Basic Law: Human Dignity and
Freedom. This incorporation means that the principle of equality is raised to
the level of a high normative constitutional right.”[14]
Numerous landmark decisions
delivered since 1994 appear to indicate an increased willingness on the part of
the Supreme Court to apply the equality principle in controversial
cases.[15] However, the Supreme Court has not
delivered a decision in a case, since the passage of The Basic Law: Human
Dignity and Freedom, which involves the principle of equality and governmental
discrimination against the Palestinian community in Israel.[16] Further, Israel has
recently ratified the most important international human rights conventions
which contain minority rights protections.[17] According to these
international instruments, the Palestinian Arab community in Israel constitute a
national (Palestinian), as well as an ethnic (Arab), linguistic (Arabic), and
religious (Muslim, Christian, Druze) minority, and as such are to be afforded
rights protections. While Israel’s
international human rights obligations are not currently binding on Israeli
domestic courts,[18] these principles provide
persuasive authority for mounting minority group rights claims.[19]
Historically, the
Palestinians in Israel have infrequently used legal measures as a means of
asserting their rights. Legal cases
have primarily been brought in order to defend individual rights such as
property rights and restrictions on movement and expression, or to protect group
rights to participate in the political process. In these cases, Palestinian
citizens have no way but to defend their rights by using legal means, as the
Israeli authorities have issued orders which directly infringed their rights.
The Palestinians in Israel, in general, have not used the court system to
initiate cases that relate to group discrimination - such as disproportionate
budget allocations or disparities in the awarding of benefits - or to positive
claims of minority rights - such as language rights, culture rights or religious
rights. Recent developments in
Israeli domestic law and international human rights law provide support to
claims of group discrimination and the state’s obligation to afford positive
rights to the Palestinian Arab minority in Israel.
The Working Group on the
Status of
Palestinian Women in
Israel
|
|
NGO
Report:
Critique of Israel’s
Response to Questions
Presented by
CEDAW
Submitted to the United
Nations Committee on the
Elimination of
Discrimination Against Women
17th session, July
1997
For Consideration by the
CEDAW Committee
in its Review of the
Government of Israel’s Combined Initial and Second
Report
The Working Group on the
Status of
Palestinian Women in
Israel
|
|
Critique of Israel’s
Response to Questions
Presented by CEDAW
Committee
23 July
1997
The Working Group on the
Status of Palestinian Women in Israel, a national network of Palestinian Arab
human and women’s rights organizations, submits this critique of Israel’s
written Response to Questions Presented by the CEDAW Committee (RQ), dated 21
July 1997.
Part I of this critique
specifically addresses points raised in Israel’s RQ. It is organized around four
themes, with illustrative examples from Israel’s RQ. Part II notes questions
posed by individual CEDAW Committee members during its 17 July session which
remain unanswered by the Government of Israel.
Part I - Main Themes of
Critique
I) Misleading or Inaccurate
Information Presented
1.
Article 5 - Sex Roles and Stereotypes (Question 16-25; pp.
9-15)
The 1995 inter-ministerial
committee, noted in Q 17, offered numerous recommendations regarding violence
against Palestinian women, however, these suggestions have not been
implemented.
While the police may
maintain explicit prohibition against officers handling cases of domestic
violence involving friends of family members, in practice, this is done all the
time (Q17). Palestinian villages are generally comprised of a small number of
extended families, and police are oftentimes relatives or close friends of those
seeking assistance.
Contrary to the
government’s claim, extensive resources are not allocated to the Palestinian
population to combat violence against women (Q17). The seven-fold increase in
budget allocations to help centers amounts to only 10%, in real terms, of the
centers’ budgets. The one shelter for Palestinian women (as compared with 12 for
Jewish women) is not financed 100% by the government; personnel salaries are not
covered and voluntary contributions are not calculated. The twenty Palestinian
women social workers who treat girls in distress share only 10 full-time
positions; in comparison, 130 positions are allocated for Jewish women social
workers. Two hotlines specifically serve Palestinian communities - one in
Nazareth and one in Haifa; the hotline in Taibe has
closed.
No
workshops for judges or attorneys on domestic violence are being conducted
(Q19), and the Beer Sheva model of community-police interaction in domestic
violence cases (Q22) is not being implemented in Palestinian communities. The
Beer Sheva model itself is very problematic as it does not fit the needs of
Palestinian women; the community response to violence in the home is more likely
to encourage returning home & to facilitate ‘sulha’ (reconciliation) in the
family.
‘Restrictive social mores’
do not explain the difficulties in recruiting Palestinian women to the police
forces (Q24). Many Palestinian women who applied to the force found no job
vacancies or long waiting periods for acceptance.
2.
Article 11 - Employment (Questions 41-43; RQ pp. 24-25)
Contrary to representations
made to Q42, no industrialization plans for the economic and social development
of poor Palestinian communities are underway. In fact, the government’s Master
Plan for the Northern district (the Galilee region where more than 50% of the
population is Palestinian) allocates US $249 million for agricultural
development, with only $24 million for the construction of housing, with only
$135.9 for the Palestinian community; and provides US $597 million for
industrial development in urban areas, with $0 for Palestinian
towns.
In
terms of direct employment opportunities, all priorities are given to new Jewish
immigrants. No alternatives are being offered to the thousands of Palestinian
women textile workers who have found themselves unemployed due the closing of
150 factories or workshops in Palestinian village.
3.
Article 12 - Equality in Access to Health Care (Questions 44-54; RQ pp.
26-31).
Several mobile family
health clinics, operated by Palestinian NGOs, used to provide health services to
Bedouin communities in the unrecognized villages; currently, only one mobile
clinic continues to run in the south (Q44). Moreover, the government is trying
to cancel the license for this one remaining NGO mobile clinic. Tens of
thousands of residents of unrecognized villages in north & south have no
health services. Tens of Bedouin communities in the south are no longer nomadic;
they live in permanent settlements, although unrecognized by the government
(Q47).
Domestic violence is not
taught about extensively in social work schools (Q48), and no sexual health
education programs are conducted in Palestinian schools
(Q53).
II) Non-Recognition of the
Palestinian National Minority
1.
As in Israel’s Combined and Second Report to CEDAW’ (IR), Israel’s RQ did not
use the term “Palestinian women”.
2.
Although Arabic is an official language of the State, Israel’s Report has not
been translated to Arabic (“Considering publication in Arabic”), and the CEDAW
Convention is published only in Hebrew and English. No Knesset proceedings, laws
or court decisions are published in Arabic. None of the governmental ministries
or agencies regularly disseminate publication in Arabic.
3.
Contrary to representations made (Q34), the unit headed by the Supervisor of
Arab Education does maintain the uniqueness of Palestinian education. The
government admits that “many of the Arabic textbooks are translated from other
languages” (Q38), a clear sign that a distinctive Palestinian identity is not
communicated through educational materials offered to Palestinian
students.
III) Advancements Cited
Were Those of the Previous Government; No Specific Plans of the Current
Government to Improve the Situation Were Presented
In
answering Q35 regarding plans to enlarge resources for education for the
Palestinian community, the government relies exclusively on figures from
1992-1995 and offers no futures plans. The previous Labor-Meretz government, in
power during that time, increased budget allocations and services to Palestinian
schools. All budget increases had been made because of tremendous disparities
between the resources allocated to Palestinian and Jewish schools throughout the
history of the State.
The government is still far
from narrowing the gap between communities. The government repeatedly emphasizes
the correlation between the percentage of the Palestinian population (noted as
16.6%), and the percentage of funds allocated for Palestinian schools for
specific programs (i.e. 15.7% of the budget allocated for the purchase of
computers was given to “Arab” schools (p. 20) to highlight equal treatment.
However, using the percentage of the population and the percentage of budget
allocated is not showing equal treatment, as huge disparities continue to exist.
A needs-based distribution of funds is not made, nor are funds apportioned to
bring the Palestinian schools up to the standards (i.e. facilities, equipment,
number of personnel) of Jewish schools.
Similarly, while the budget
allocated for existing kindergartens and preschools may be equal (Q35), there is
a tremendous lack of preschools for Palestinian children. Over 80% of
Palestinian children under five years of age do not attend preschool, as there
are no facilities.
IV) Incomplete
Answers
Numerous questions posed
were only partially answered in the government’s RQ. Examples include Q13, Q29,
Q35, Q47, Q54, and Q62.
Part II - Unanswered
Questions
¨1 Why is the right for equality not
included in the Basic Law: Human Dignity and Freedom?
¨2 As Israel lacks a constitution, how will
it ensure the implementation of CEDAW?
¨3 What laws exist concerning
discrimination against women by private actors?
¨4 What laws exist concerning legal
protection for minorities? Please discuss the interaction
between gender and minority
communities.
¨5 What impact has the rise of religious
fundamentalism had on women’s rights?
¨6 What are the government’s plans to
advance the peace process? What is the role of
Palestinian women in peace building? in
the negotiations?
¨7 What is the situation of Palestinian
women in the Occupied Territories?
¨8 What is the government’s targeted
overall policy to respond to inequality against
Palestinian women in
Israel
¨9 Why does the government refer to
Palestinian women as Arab, Moslem, Christian, Druze,
Bedouin, Israeli Arab, and non-Jews, but
not as Palestinians?
¨10 Please provide specific statistics
regarding the incidence of honor killing, female genital
mutilation (FGM), and polygamy. What
specific measures will the government take to
modify these social and cultural
practices that discriminate against women?
¨11 What measures will the government take
concerning the ‘black list’ (re: honor killing)?
¨12 Why are Palestinian women
under-represented in political life? What measures will the
government
take to increase their participation?
¨13 What plans are in place concerning
budget allocations to local women’s councils?
¨14 Please discuss Palestinian women workers
and decision-makers in the civil service.
¨15 Is there any government plan to create
new work opportunities for Palestinian women; in
the civil service.
¨16 What measures are in place to ensure
compliance with Israel’s ‘equal pay for work of
equal value’
law?
¨17 Please provide statistics regarding
Palestinian women who work in the informal sector.
¨18 How does the government account for the
unpaid work of women?
¨19 What is the situation of Palestinians in
the military?
¨20 What is the government’s position
regarding the NGO reports to CEDAW?
UNITED
NATIONS
CEDAW CONCLUDING COMMENTS
AND RECOMMENDATIONS FOR
ISRAEL
Concluding Comments of the
Committee
Introduction
1. The Committee thanked the State party
for its very comprehensive and frank report which dealt with all the articles of
the Convention from both the juridical and sociological perspectives. It also
appreciated the high level of the delegation and complimented the representative
of the State party for her lucid presentation.
2. The Committee appreciated the fact that
the report was submitted on time and followed the Committee’s
guidelines.
3. The Committee was pleased that
non-governmental organizations had been given an opportunity to consider the
report and that they were able to submit supplementary reports.
4. The Committee was disturbed that all the
questions put forward by members to the representatives of Israel were not
responded to in the Government’s written answers. The Committee is of the view
that response to all the questions would have clarified issues and
problems.
Factors and difficulties affecting the implementation of the
Convention
5. The Committee considered the fact that
no basic law embodies the principle of equality or prohibits discrimination
hindered the implementation of the Convention.
6. The Committee regretted the fact that
Israel has maintained its reservations to articles 7 (b) and 16 of the
Convention. It also regretted the fact that women cannot become religious judges
and that the religious laws that govern family relations to a large degree
discriminate against women.
7. The Committee considered that the
persistence of conflict and violence hinders implementation of the Convention.
Moreover, as a consequence of the ongoing conflict, power is concentrated in the
armed forces. Women who are not represented in senior leadership in the armed
forces are discriminated against and their perspective on peacekeeping and their
negotiation skills are not utilized.
Positive aspects
8. The Committee commended the fact that
Israel has developed progressive legislation, as well as comprehensive programs
on violence against women and equal employment
opportunities.
9. Although equality is not part of the
basic law of Israel, the Committee commended the fact that the Supreme Court can
give effect to the principle of equality in its judgments.
10. The Committee noted with satisfaction
that most Israeli women have a high level of education, especially at the
tertiary level.
11. The Committee commended the very
extensive analysis of women in the media and the programs to reorient society
against stereotypical images of women.
12. The Committee commended the existence
compulsory National Health Insurance Law of 1995 which guarantees universal
access to health care to all communities.
Principal areas of concern
13. The Committee noted with concern that
the Government has not yet formulated an overall plan or measures to implement
the Convention and the Beijing Platform for Action.
14. The Committee is very concerned that
there is no specific governmental machinery responsible for promoting and
coordinating policies for women.
15. The Committee noted with concern that
non-Jewish women have worse living conditions than Jewish women. They receive a
lower level of education, participate less in the government service and occupy
limited decision-making posts.
16. The Committee was also concerned that
non-Jewish women enjoy poorer health, resulting in very high maternal and infant
mortality rates. There are also fewer employment opportunities available to
them.
17. The Committee was concerned that there
are still instances of polygamy, forced marriage and genital mutilation, as well
as “honor killings”.
18. The Committee noted with concern that a
very low percentage of women occupy political decision-making posts and that
this situation has barely changed over the years.
19. The Committee was concerned that a
marked disparity exists between the average earning of women and men in many
sectors and that women are also disproportionately represented in part-time
employment.
20. The Committee was concerned that many
more women than men work in the informal sector and perform unpaid work thereby
prospectively limiting their access to benefits associated with the formal
sector.
21. The Committee noted with concern that
the public health system allocates considerable resources to in vitro
fertilization, yet contraceptive are not free of charge.
22. The Committee was concerned that a large
number of women are arrested for prostitution. The Committee was likewise
concerned with the large number of advertisements for sex services in daily
newspapers which contributed significantly to the spread of
prostitution.
23. The Committee was concerned that despite
the existing legislation, cases of violence against women still occur
frequently, due in large measure to traditional ideas of the roles of women and
negative societal attitudes towards the problem of violence against
women.
Suggestions and recommendations
24. The Committee recommends that the
Government of Israel should ensure that the Convention is implemented throughout
the territory under its jurisdiction.
25. The Committee recommends that the
Government should adopt an overall plan for the implementation of the convention
and the Beijing platform through specific measures and within a definite
time-frame.
26. The Committee
recommends that the right to equality and the prohibition of both direct and
indirect discrimination against women should be reflected in a basic
law.
27. The Committee suggests
that in order to guarantee the same rights in marriage and family relations in
Israel and to comply fully with the Convention, the Government should complete
the secularization of the relevant legislation, place it under the jurisdiction
of the civil courts and withdraw its reservations to the
Convention.
28. The preamble of the
Convention states that full development and the cause of peace require the
maximum participation of women on equal terms with men in all fields. The
committee thus recommends that all necessary measures be taken with the full
participation of women, Jewish, Christian, Muslim and Druze alike. This is
necessary to create an environment where women may enjoy their rights fully and
where equality of opportunities in economic and social development, especially
of rural women can be assured.
29. The Committee looks
forward to the adoption of the bill creating the governmental machinery to be
know as the “Authority on the status of Women” and hopes that this machinery
will be given sufficient resources to carry out its work.
30. The Committee
recommends that measures to guarantee the exercise of human rights of non-Jewish
women, including those living in the rural areas, particularly in relation to
health, education and employment should be intensified. Special measures should
be taken to close the gap between Arab and Jewish schools and address higher
drop-out rates of Arab and Bedouin girls. Adequate resources should be allocated
for school facilities and education opportunities, including scholarships.
Further, the participation of Arab women in the civil service and in
decision-making posts should be increased.
31. The Committee
recommends that Government strengthen its efforts and expand its actions to
eliminate violence against women, especially violence within the family, in all
communities.
32. The Committee strongly
suggests that the Government of Israel take necessary steps to eliminate
practices which cannot be justified on any grounds, such as forced marriages,
female genital mutilation, crimes of honour and polygamy.
33. The Committee
recommends that satellite accounts should be used to evaluate the value of
unpaid work and incorporate these into the national
accounts.
34. The Committee
recommends that some of the resources allocated to the treatment of infertility
should be used to study its causes and its prevention.
35. The Committee
recommends that public health services provide free and accessible
contraceptives.
36. The Committee requests
that the Government of Israel address the following issues in its next
report:
the status of disabled
women;
how indirect discrimination
in the workplace is dealt with;
the leave entitlement of
mothers and fathers for the birth of a child or when they have young children,
and the actual use made of such entitlement;
the impact on the social
roles of women and men of programmes aimed at changing
stereotypes;
programmes for gender
sensitization of the judiciary, police and health
professionals;
financial support provided
by Government for all NGOs in the territory of Israel.
37. The Committee requested
wide dissemination of these concluding comments in Israel so as to make
individuals aware of the steps that had been taken to ensure de facto equality
for women and the further steps that are required in this
regard.
Selected
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Appendix
Convention on the
Elimination of All Forms of
Discrimination against
Women
Adopted and opened for
signature, ratification and accession by
General Assembly resolution
34/180 of 18 December 1979
ENTRY INTO FORCE: 3
September 1981, in accordance with article 27 (1)
The States Parties to the
present Convention,
Noting that the Charter of the
United Nations reaffirms faith in fundamental human rights, in the dignity and
worth of the human person and in the equal rights of men and
women,
Noting that the Universal
Declaration of Human Rights affirms the principle of the inadmissibility of
discrimination and proclaims that all human beings are born free and equal in
dignity and rights and freedoms set forth therein, without distinction of any
kind, including distinction based on sex,
Noting that the States Parties to
the International Covenants on Human Rights have the obligation to ensure the
equal rights of men and women to enjoy all economic, social, cultural, civil and
political rights,
Considering the international
conventions concluded under the auspices of the United Nations and the
specialized agencies promoting equality of rights of men and
women,
Noting also the resolutions,
declarations and recommendations adopted by the United Nations and the
specialized agencies promoting equality of rights of men and
women,
Concerned, however, that despite
these various instruments extensive discriminations against women continues to
exist,
Recalling that discrimination
against women violates the principles of equality of rights and respect for
human dignity, is an obstacle to the participation of women, on equal terms with
men, in the political, social, economic and cultural life of their countries,
hampers the growth of the prosperity of society and family and makes more
difficult the full development of the potentialities of women in the service of
their countries and of humanity,
Concerned that in situations of
poverty women have the least access to food, health, education, training and
opportunities for employment and other needs,
Convinced that the establishment of
the new international economic order based on equity and justice will contribute
significantly towards the promotion of equality between men and
women,
Emphasizing
that the
eradication of apartheid, all forms of racism, racial discrimination,
colonialism, neocolonialism, aggression, foreign occupation and domination and
interference in the internal affairs of States is essential to the full
enjoyment of the rights of men and women,
Affirming that the strengthening of
international peace and security, the relaxation of international tension,
mutual cooperation among all States irrespective of their social and economic
systems, general and complete disarmament, in particular nuclear disarmament
under strict and effective international control, the affirmation of the
principles of justice, equality and mutual benefit in relations among countries
and the realization of the right of peoples under alien and colonial domination
and foreign occupation to self-determination and independence, as well as
respect for national sovereignty and territorial integrity, will promote social
progress and development and as a consequence will contribute to the attainment
of full equality between men and women,
Convinced that the full and complete
development of a country, the welfare of the world and the cause of peace
require the maximum participation of women on equal terms with men in al
fields,
Bearing in
mind the
great contribution of women to the welfare of the family and to the development
of society, so far not fully recognized, the social significance of maternity
and the role of both parents in the family and in the upbringing of children,
and aware that the role of women in procreation should not be a basis for
discrimination but that the upbringing of children requires a sharing of
responsibility between men and women and society as a
whole,
Aware that a change in the
traditional role of men as well as the role of women in society and in the
family is needed to achieve full equality between men and
women,
Determined to implement the
principles set forth in the Declaration on the Elimination of Discrimination
against Women and, for that purpose, to adopt the measures required for the
elimination of such discrimination in all its forms and
manifestations,
Have agreed on the
following:
PART
I
Article
1
For the purpose of the
present Convention, the term “discrimination against women” shall mean 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 an fundamental freedoms in the political,
economic, social, cultural, civil or any other field,
Article
2
States 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
the equality of men and women in their national constitutions or other
appropriate legislation if not yet incorporated therein and to insure, 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 Th. 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 al appropriate
measures, including legislation, to modify or abolish existing laws, customs and
practices which constitute discrimination against women;
(g) To repeal all national
penal provisions which constitute discrimination against
women;
Article
3
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.
Article
4
1. Adoption by States
Parties of temporary special measures aimed at accelerating de facto equality
between men an women shall not be considered discrimination as defined in the
present Convention, but shall in no way entail as 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.
2. Adoption by States
Parties of special measures, including those measures contained in the present
Convention, aimed at protecting maternity shall not be considered
discriminatory.
Article
5
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 Th. idea of the inferiority or the superiority of either of the sexed 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.
Article
6
States Parties shall take
all appropriate measures, including legislation, to suppress all forms of
traffic in women and exploitation of prostitution of
women.
PART
II
Article
7
States Parties shall take
all appropriate measures to eliminate discrimination against women in the
political and public life of the country and, in particular, shall ensure to
women, on equal terms with men, the right:
(a) To vote in all elections
and public referenda and to be eligible for election to all publicly elected
bodies;
(b) To participate in the
formulation of government policy and the implementation thereof and to hold
public office and perform all public functions at all levels of
government;
(c) To participate in
non-governmental organizations and associations concerned with the public and
political life of the country/
Article 8
States Parties shall take
all appropriate measures to ensure to women, on equal terms with men and without
any discrimination, the opportunity to represent their Governments at the
international level and to participate in the work of international
organizations.
Article
9
1. States Parties shall
grant women equal rights with men to acquire, change or retain their
nationality. They shall ensure in particular that neither marriage to an alien
nor change of nationality by the husband during marriage shall automatically
change the nationality of the wife, render her stateless of force upon her the
nationality of the husband.
2. States Parties shall
grant women equal rights with men with respect to the nationality of their
children.
Part
III
Article
10
States Parties shall take
all appropriate measures to eliminate discrimination against women in order to
ensure to them equal tights with men in the field of education and in particular
to ensure, on a basis of equality of men and women:
(a) The same conditions for
career and vocational guidance, for access to studies and for the achievement of
diplomas in educational establishments of all categories in rural as well as in
urban aeries; this equality shall be ensured in preschool, general, technical,
professional and higher technical education, as well as in all types of
vocational training;
(b) Access to the same
curricula, the same examinations, teaching staff with qualifications of the same
standard and school premises and equipment of the same
quality;
(c) The elimination of any
stereotyped concept of the roles of men and women at all levels and in all forms
of education by encouraging coeducation and other types of education which will
help to achieve this aim and, in particular, by the revision of textbooks and
school programmes and the adaptation of teaching methods;
(d) The same opportunities to
benefit from scholarships and other study grants;
(e) The same opportunities for
access to programmes of continuing education, including adult and functional
literacy programmes, particularly those aimed at reducing, at the earliest
possible time, any gaping education existing between men and
women;
(f) The reduction of female
student drop-out rates and the organization of programmes for girls and women
who have left school prematurely;
(g) The same opportunities to
participate actively in sports and physical education;
(h) Access to specific
educational information to help to ensure the health and well-being of families,
including information and advice on family planning.
Article
11
1. States Parties shall
take all appropriate measures to eliminate discrimination against women in the
field of employment in order to ensure, on a bases of equality of men and women,
the same rights, in particular:
(a) The right to work as an
inalienable right of all human beings;
(b) The right to the same
employment opportunities, including the application of the same criteria for
selection in matters of employment;
(c) The right to free choice
of profession and employment, the tight to promotion, job security and all
benefits and conditions of service and the right to receive vocational training
and retraining, including apprenticeships, advanced vocational training
recurrent training;
(d) The right to equal
remuneration, including benefits, and to equal treatment in respect of work of
equal value, as well as equality of treatment in the evaluation of the quality
of work;
(e) The right to social
security, particularly in cases of retirement, unemployment, sickness,
invalidity and old age and other incapacity to work, as well as the right to
paid leave;
(f) The right to protection of
health and to safety in working conditions, including the safeguarding of the
function of reproduction.
2. In order to prevent
discrimination against women on the grounds of marriage or maternity and to
ensure their effective right to work, States Parties shall take appropriate
measures:
(a) To prohibit, subject to
the imposition of sanctions, dismissal on the grounds of pregnancy or of
maternity leave and discrimination in dismissals on the basis of marital
status;
(b) To introduce maternity
leave with pay or with comparable social benefits without loss of former
employment, seniority or social allowances;
(c) To encourage the provision
of the necessary supporting social services to enable parents to combine family
obligations with work responsibilities and participation in public life, in
particular through promoting the establishment and development of a network of
childcare facilities;.
(d) To provide special
protection to women during pregnancy in types of work proved to be harmful to
them.
3. Protective legislation
relating to matters covered in this article shall be reviewed periodically in
the light of scientific and technological knowledge and shall be revised,
repeated or extended as necessary.
Article
12
1. States Parties shall
take all appropriate measures to eliminate discrimination against women in the
field of health care in order to ensure, on a basis of equality of men and
women, access to health care services, including those related to family
planning.
2. Notwithstanding the
provisions of paragraph 1 of this article, States Parties shall ensure to women
appropriate services in connection with pregnancy, confinement and the
post-natal period, granting free services where necessary, as well as adequate
nutrition during pregnancy and lactation.
Article
13
States Parties shall take
all appropriate measures to eliminate discrimination against women in other
areas of economic and social life in order to ensure, on a bases of equality of
men and women, the same rights, in particular:
(a) The right to family
benefits;
(b) The right to bank loans,
mortgages and other forms of financial credit;
(c) The right to participate
in recreational activities, sports and all aspects of cultural
life.
Article
14
1. States Parties shall
take into account the particular problems faced by rural women and the
significant roles which rural women play in the economic survival of their
families, including their work in the non-monetized sectors of the economy, and
shall take all appropriate measures to ensure the application of the provisions
of the present Convention to women in rural areas.
2. States Parties shall
take all appropriate measures to eliminate discrimination against women in rural
areas in order to ensure, on a basis of equality of men and women, that they
participate in and benefit from rural development and, in particular, shall
ensure to such women the right:
(a) To participate in the
elaboration and implementation of development planning at all
levels;
(b) To have access to adequate
health-care facilities, including information, counselling and services in
family planning;
(c) To benefit directly from
social security programmes;
(d) To obtain all types of
training and education, formal and non-formal, including that relating to
functional literacy, as well as, inter alia, the benefit of all community
and extension service, in order to increase their technical
proficiency;
(e) To organize self-help
groups and cooperatives in order to obtain equal access to economic
opportunities through employment or self-employment;
(f) To participate in all
community activities;
(g) To have access to
agricultural credit and loans, marketing facilities, appropriate technology and
equal treatment in land agrarian reform as well as in land resettlement
schemes;
(h) To enjoy adequate living
conditions, particularly in relation to housing, sanitation, electricity and
water supply, transport and communications.
PART
IV
Article
15
1. States Parties shall
accord to women equality with men before the law.
2. States Parties shall
accord to women, in civil matters, a legal capacity identical to that of men and
the same opportunities to exercise that capacity. In particular, they shall give
women equal rights to conclude contracts and to administer property and shall
treat them equally in all stages of procedure in courts and
tribunals.
3. States Parties agree
that all contracts and all other private instruments of any kind with a legal
effect which is directed at restricting the legal capacity of women shall be
deemed null and void.
4. States Parties shall
accord to men and women the same rights with regard to the law relating to the
movement of persons and the freedom to choose their residence and
domicile.
Article
16
1. States Parties shall
take all appropriate measures to eliminate discrimination against women in all
matters relating to marriage and family relations and in particular shall
ensure, on a basis of equality of men and women:
(a) The same right to enter
into marriage;
(b) The same right freely to
choose a spouse and to enter into marriage only with their free and full
consent;
(c) The same rights and
responsibilities during marriage and at its dissolution;
(d) The same rights and
responsibilities as parents, irrespective of their marital status, in matters
relating to their children; in all cases the interests of the children shall be
paramount;
(e) The same rights to decide
freely and responsibly on the number and spacing of their children and to have
access to the information, education and means to enable them to exercise these
rights;
(f) The same rights and
responsibilities with regard to guardian-ship, wardship, trusteeship and
adoption of children or similar institutions where these concepts exist in
national legislation; in all cases the interests of the children shall be
paramount;
(g) The same personal rights
as husband and wife, including the right to choose a family name, a profession
and an occupation;
(h) The same rights for both
spouses in respect of the ownership, acquisition, management, administration,
enjoyment and disposition of property, whether free of charge or for a valuable
consideration.
2. The betrothal and the
marriage of a child shall have no legal effect, and all necessary action,
including legislation, shall be taken to specify a minimum age for marriage and
to make the registration of marriages in an official registry
compulsory.
PART
V
Article
17
1. For the purpose of
considering the progress made in the implementation of the present Convention,
there shall be established a Committee on the Elimination of Discrimination
against Women (hereinafter referred to as the Committee) consisting at the time
of entry into force of the Convention, of eighteen and, after ratification of or
accession to the Convention by the thirty-fifth State Party, of twenty-three
experts of high moral standing and competence in the field covered by the
Convention. The experts shall be elected by States Parties from among their
nationals and shall serve in their personal capacity, consideration of the
different forms of civilization as well as the principal legal
systems.
2. The members of the
Committee shall be elected by secret ballot from a list of persons nominated by
States Parties. Each State Party may nominate one person from among its own
nationals.
3. The initial election
shall be held six months after the date of the entry into force of the present
Convention. At least three months before the date of each election the
Secretary-General of the United Nations shall address a letter to the States
Parties inviting them to submit their nominations within two months. The
Secretary-General shall prepare a list in alphabetical order of all persons thus
nominated, indicating the States Parties which have nominated them, and shall
submit it to the States Parties.
4. Elections of the members
of the Committee shall be held at a meeting of States Parties convened by the
Secretary-General at United Nations Headquarters. At that meeting, for which two
thirds of the States Parties shall constitute a quorum, the persons elected to
the Committee shall be those nominees who obtain the largest number of votes and
an absolute majority of the votes of the representatives of States Parties
present and voting.
5. The members of the
Committee shall be elected for a term of four years. However, the terms of nine
of the members elected at the first election shall expire at the end of two
years; immediately after the first election the names of these nine members
shall be chosen by lot by the Chairman of the Committee.
6. The election of the five
additional members of the Committee shall be held in accordance with the
provisions of paragraphs 2, 3, and 4 of this article, following the thirty-fifth
ratification or accession. The terms of two of the additional members elected on
this occasion shall expire at the end of two years, the names of these two
members having been chosen by lot by the Chairman of the
Committee.
7. For the filling of
casual vacancies, the States Party whose expert has ceased to function as a
member of the Committee shall appoint another expert from among its nationals,
subject to the approval of the Committee.
8. the members of the
Committee shall, with the approval of the General Assembly, receive emoluments
from United Nations resources on such terms and conditions as the Assembly may
decide, having regard to the importance of the Committee’s
responsibilities.
9. The Secretary-General of
the United Nations shall provide the necessary staff and facilities for the
effective performance of the functions of the Committee under the present
Convention.
Article
18
1. States Parties undertake
to submit to the Secretary-General of the United Nations, for consideration by
the Committee, a report on the legislative, judicial, administrative or other
measures which they have adopted to give effect to the provisions of the present
Convention and on the progress made in this respect:
(a) Within one year after the
entry into force for the State concerned;
(b) Thereafter at least every
four years and further whenever the Committee so requests.
2. Reports may indicate
factors and difficulties affecting the degree of fulfillment of obligations
under the present Convention.
Article
19
1. The Committee shall
adopt its own rules of procedure.
2. The Committee shall
elect its officers for a term of two years.
Article
20
1. The Committee shall
normally meet for a period of not more than two weeks annually in order to
consider the reports submitted in accordance with article 18 of the present
Convention.
2. The meetings of the
Committee shall normally be held at United Nations Headquarters or at any other
convenient place determined by the Committee.
Article
21
1. The Committee shall,
through the Economic and Social Council, report annually to the General Assembly
of the United Nations on its activities and may make suggestions and general
recommendations based on the examination of reports and information received
from the States Parties. Such suggestions and general recommendations shall be
included in the report of the Committee together with comments, if any, from
States Parties.
2. The Secretary-General of
the United Nations shall transmit the reports of the Committee to the Commission
on the Status of Women for its information.
Article
22
The specialized agencies
shall be entitled to be represented at the consideration of the implementation of such provisions of
the present Convention as fall within the scope of their activities. The
Committee may invited the specialized agencies to submit reports on the
implementation of the Convention in areas falling within the scope of their
activities.
PART
VI
Article
23
Nothing in the present
Convention shall affect any provision that are more conducive to the achievement
of equality between men and women may be contained:
(a) In the legislation of a
State Party; or
(b) In any other international
convention, treaty or agreement in force for that State.
Article
24
State Parties undertake to
adopt all necessary measures at the national level aimed at achieving the full
realization of the rights recognized in the present
Convention.
Article
25
1. The present Convention
shall be open for signature by all States.
2. The Secretary-General of
the United Nations in designated as the depository of the present
Convention.
3. The present Convention
is subject to ratification. Instruments of ratification shall be deposited with
the Secretary-General of the United Nations.
4. The present Convention
shall be open to accession by all States. Accession shall be effected by the
deposit of an instrument of accession with the Secretary-General of the United
Nation.
Article
26
1. A request for the
revision of the present Convention may be made at any time by any State Party by
means of a notification in writing addressed to the Secretary-General of the
United Nations.
2. The General Assembly of
the United Nations shall decide upon the steps, if any, to be taken in respect
of such a request.
Article
27
1. The present Convention
shall enter into force on the thirtieth day after the date of deposit of the
twentieth instrument of ratification or accession, the Convention shall enter
into force on the thirtieth day after the date of the deposit of its own
instrument of ratification or accession.
2. For each State ratifying
the present Convention or acceding to it after the deposit of the twentieth
instrument of ratification or accession, the Convention shall enter into force
on the thirtieth day after the date of the deposit of its own instrument of
ratification or accession.
Article
28
1. The Secretary-General of
the United Nations shall receive and circulate to all States the text of
reservations made by States at the time of ratification or
accession.
2. A reservation
incompatible with the object and purpose of the present Convention shall not be
permitted.
3. Reservations may be
withdrawn at any time by notification to this effect addressed to the
Secretary-General of the United Nations, who shall then inform all States
thereof. Such notification shall take effect on the date on which it is
received.
Article
29
1. Any dispute between two
or more States Parties concerning the interpretation or application of the
present Convention which is not settled by negotiation shall, at the request of
them, be submitted to arbitration. If within six months from the request for
arbitration the parties are unable to agree on the organization of the
arbitration, any one of those parties may refer the dispute to the International
Court of justice by request in conformity with the Statute of the
Court.
2. Each State Party may at the time of
signature or ratification of the present Convention or accession thereto declare
that it does not consider itself bound by paragraph 1 of this article. The other
States Parties shall not be bound by that paragraph with respect to any State
Party which has made such reservation.
3. Any State Party which
has made a reservation in accordance with paragraph 2 of this article may at any
time withdraw that reservation by notification to the Secretary-General of the
United Nations.
Article
30
The present Convention, the
Arabic, Chinese, English, French, Russian and Spanish texts of which are equally
authentic, shall be deposited with the Secretary-General of the United
Nations.
In Witness Whereof the
undersigned, duly authorized, have signed the present
Convention.
[1] This document was adapted from a grant
proposal written for Adalah: The Legal Center for Arab Minority Rights in Israel
in January 1997 by Rina Rosenberg and Hassan Jabareen, Legal Director of
Adalah.
[2]
The Declaration does not have the status of a law, however, it has been
used by the Supreme Court of Israel as a legal interpretative tool to find
constitution-like support for the protection of civil liberties rights. See e.g. Kol Ha’am v. The Minister of
Interior, (1953) 7 P.D. 871.
[3]
The World Zionist Organization (WZO) and Jewish Agency (JA) Status Law
(1952). The WZO, the Jewish
National Fund (JNF), an organ of the WZO, and the JA encourage Jewish
immigration, and supervise immigrant absorption and land and settlement
projects.
[4]
Many countries provide discharged soldiers with benefits not available to
those who do not serve in the military.
However, in the Israeli context, the use of the military service
criterion for the provision of benefits or services means dividing the society
at large - overwhelmingly - on the basis of ethnic-national lines. Oftentimes there is no reasonable
connection between the payment of benefits or the award of special
services.
[5]
See Evelyn Gordon, “Tax Collection Decreasing in Arab Councils,”
Jerusalem Post, 17 December 1996, p. 4 and David Harris, “Local
Authorities on Strike Today”, Jerusalem Post, 14 May 1997, p. 12. Palestinian municipality local council
heads estimate that they have accumulated debts totally some 450 million NIS,
and many have been unable to pay their workers for a number of months. Professor Rubenstein, one of the most
distinguished scholars of Israeli constitutional law and the former Education
Minister, argues that the government’s policy of allocating unequal funding to
Arab and Jewish municipalities is illegal and he doubts that the Supreme Court
of Israel would uphold it. See
Amnon Rubenstein, The Constitutional Law of Israel, (Shocken House Ltd.,
1991), p. 320-321 (in Hebrew).
[6]
According to the State Comptroller’s Report of 1992, for every dollar
spent on a Jewish child by the Ministry of Education, only 55 cents is spent on
a Palestinian child. According to
the Follow-up Committee on Arab Education, in 1994, expenditure was NIS 308
($103) per Jewish child and NIS 168 ($56) per Palestinian
child.
[7]
Adalah recently filed a petition to the Supreme Court alleging
discrimination in the provision of educational programs for academically weak
Palestinian students. The Court,
within days, issued an ‘order nisi’ in the case which indicates the Court’s
willingness to accept the petition and requires the Attorney General’s office to
respond within 60 days. See The
Follow-up Committee on Arab Education in Israel, et. al v. The Ministry of
Education, et. al., submitted 8 May 1997, on file with Adalah.
[8]
Just 2% of the Religious Ministry’s 1997 budget is allocated for the
Muslim, Christian, and Druze communities in Israel. See The Law of the Budget of the State
(1997), passed on 31 December 1996. See footnote 16.
[9]
The Supreme Court of Israel fulfills two main functions: it sits as a
high court of appeal in criminal and civil actions and as a high court of
justice with original jurisdiction over disputes between individuals and the
state. Thus, a citizen may directly
file a petition against the state or its authorities to the Supreme Court in
constitutional and administrative matters.
[10]
(1983) 38 P.D. III 113.
[11]
See also Bourkhan v. Minister of Finance, (1978) 32 P.D. II
800. In this case, the Court ruled
that an Palestinian who applied to purchase an apartment in the newly
re-constructed Jewish Quarter of the Old City of Jerusalem could be barred from
consideration as a potential buyer because the state has a national interest in
developing and maintaining this area exclusively for Jews.
[12] As Israel lacks a formal constitution and a
bill of rights, Israel’s ‘quasi-constitutional’ legal framework is based on a
series of ‘Basic Laws’ enacted by the Israeli Knesset and judge-made
law.
[13] This Basic Law does not give the Supreme
Court the authority to strike down laws passed prior its enactment, but requires
the Court to interpret previously existing laws in a manner compatible with this
Basic Law.
[14]
See Hoffert v. Yad Va’Shem, (1992) 48 P.D. III 353 (Decision
delivered in 1994). The Court’s
holding in this case is the majority opinion of the three judge panel that
delivered the decision. In Israel,
Supreme Court cases are decided, in general, by three justices and not all
eleven justices who comprise the entire Supreme Court bench. The Supreme Court’s eleven justices do
not all agree that the equality principle is part of The Basic Law: Human
Dignity and Freedom because it is not explicitly stated in the law.
[15]
See El Al Airlines v. Dannilovitz, (1994) 48 P.D. V 749 (holding
that the partner of a homosexual must be recognized as a “spouse” to avoid
discrimination based on sexual orientation for purposes of receiving benefits
from an employer); Miller v. The
Minister of Defense, unpublished decision delivered 11 August 1995 ( holding
that the army’s policy of prohibiting women soldiers from registering for pilot
courses is illegal gender discrimination); and Shdulat Hanasheem in Israel v.
The Government of Israel, (1994) 48 P.D. V. 525 (holding that women must be
afforded appropriate representation on government corporate boards).
[16]
In the few Palestinian cases alleging discrimination brought before the
Supreme Court between 1992-1996,
the parties settled their disputes without a ruling on the merits by the
Supreme Court. In February 1997, a
petition was filed by Adalah: The Legal Center for Arab Minority Rights in
Israel, on behalf of five leaders of the Muslim, Christian, and Druze (MCD)
religious communities, against the Minister of Religion concerning the
budget. The petitioners asked that
Court declare four provisions of the Knesset Budget Law (1997) unconstitutional,
as these articles give the MCD religious communities only 2% of the total
budget. This case squarely raises
the issue of whether The Basic Law: Human Dignity and Freedom includes the
principle of equality, and is currently pending before the Supreme Court. See Adalah, et.al., v. The Minister
of Religion, et. al (petition
on file with Adalah). Several legal
scholars agree that since the passage of The Basic Law: Human Dignity and
Freedom and its 1994 Amendment, there exists a strong legal basis on which to
mount a claim.
[17]
These include The International Covenant on the Elimination of All Forms
of Racial Discrimination (CERD) in 1979 and The International Covenant on Civil
and Political Rights (ICCPR); The International Covenant on Economic, Social,
and Cultural Rights (CESCR); The Convention on the Rights of the Child (CRC);
and The Covenant on the Elimination of All Forms of Discrimination Against Women
(CEDAW) in 1991.
[18] Israel’s international human rights treaty
obligations have not been incorporated into Israeli domestic law. Under Israeli law, incorporation occurs
only when the Knesset passes a specific act or acts to that effect. However, principles which reflect provisions of
customary international law are binding on Israeli courts as long as they do not
clash with positive laws adopted by the Knesset. Israeli courts have referred to
particular provisions of the Universal Declaration of Human Rights (UDHR) as
reflecting principles of customary international law. Justice Barak, the President of the
Supreme Court, has stated that local law must be interpreted, wherever possible,
in accordance with the state’s international obligations. Moreover, he has stated that only
express, clear and unequivocal language in local law which contradicts an
international obligation will override an international obligation. See A. Barak, “Interpretation in Law,
Vol. II, Statutory Interpretation”, cited by E. Abraham, “The Right to Family
Unity and Immigration Law” in “Palestinian Residency and East Jerusalem,”
Hamoked, Jerusalem, 1994, p. 20.
[19] See also The Declaration on the Rights of
Persons Belonging to National or Ethnic, Religious and Linguistic Minorities,
adopted by the UN General Assembly, Resolution 47/135, 18 December
1992.