COMMITTEE ON ELIMINATION OF DISCRIMINATION AGAINST WOMEN BEGINS CONSIDERATION OF ISR"L'S REPORTS
Israel's Ministry of Education had initiated an experimental intervention programme called "Equality 2000", meant to involve all the participants in the education process on the value of gender equality, the Committee on the Elimination of Discrimination against Women was told this morning, as it began consideration of that country's combined initial and second reports on its compliance with the Convention on the Elimination of All Forms of Discrimination against Women.
Ruth Halperin-Kaddari, Professor of Law and author of the report, said the Ministry of Education had also established criteria intended to eliminate gender stereotypes from school books. Further, it was making efforts to encourage girls to study in technical schools and had created the Office of Supervisor of Equality between the Sexes in 1995.
The 23-member expert Committee reviews reports of States parties submitted in accordance with article 18 of the Convention. That article requires States to submit reports within one year after accession and thereafter at least every four years. Such reports are to focus on legislative, judicial and administrative measures adopted by States to give effect to the Convention's provisions.
Speaking on distinct groups of women in Israel, Ms. Halperin-Kaddari noted that the rates of illiteracy had been declining among Israeli, as well as Arab, women. In the last 50 years, infant mortality rate in the Jewish population had declined by 60 per cent, whereas for the Arab women it had dropped by 50 per cent. The 1994 National Health Insurance Law, which established universal and equal rights to health care services, had particularly improved the situation of Arab and Bedouin women.
Touching on the situation of immigrant women, she said 50 per cent of immigrant women from the former Soviet Union found employment within two years of immigration. However, more resources were required in the task of integrating Ethiopian immigrants, many of whom lacked formal education and Hebrew language facility.
Commenting on Israel's report, experts noted that it made no reference to Palestinian women. They called for an explanation of the assertion that all citizens enjoyed equal opportunities even though Israel was a Jewish State which had people of other religious faiths. Experts also noted that the resumption of constructions in East Jerusalem and other occupied Palestinian lands could affect the well-being of Palestinian women.
Inquiring about the situation of minorities from eastern European, as well as Ethiopian, minorities, experts asked if all communities were provided equal resources in the area of education. They stressed that progress seemed to have been made mostly by Jewish women and not by Arab women or the other minorities.
Also this morning, the Committee heard a statement from the Director-General of Israel's Ministry of Justice, Nili Arad, who presented the report jointly with Ms. Halperin-Kaddari.
The Committee will meet again at 3 p.m. today to continue its consideration of the initial and second periodic reports of Israel.
Committee Work Programme
The Committee on the Elimination of Discrimination against Women met this morning to consider the initial and second periodic reports of Israel on its implementation of the Convention on the Elimination of All Forms of Discrimination against Women (document CEDAW/C/ISR/1-2).
The report states that Israel ratified the Convention in October 1991. The country, which did not adopt a written constitution upon its establishment in 1948, chose to enact basic laws. In 1992, it enacted two new basic laws which addressed human dignity and liberty, as well as freedom of occupation. Many Israeli jurists refer to the above-mentioned law as "semi- constitutional". However, the right to equality is not mentioned as one of the basic rights in basic laws. Some scholars attribute this omission to the problematic history of the right to full equality in Israeli law due to religious considerations.
In that connection, the report mentions that the basic right to human dignity is very broad and encompasses various human rights, such as right to equality. This interpretation has been approved in a number of Supreme Court cases. Further, Israel's "Declaration of Independence", though lacking any constitutional force, states that "Israel will maintain equal social and political rights for all citizens, irrespective of religion, race or sex".
The first significant legislative effort to implement the principle of gender equality was the enactment of the Women's Equal Rights Law of 1951, the report says. It states that one law applies to men and women regarding "any legal action", and that any law that discriminates against a woman as such shall be null and void. However, as an ordinary statute, the law does not carry any constitutional weight and any subsequent statute prevails over it. Further, even though the law deals with the rights of married women regarding property ownership and their rights as mothers, it excludes marriage and divorce from its jurisdiction. For political-religious reasons, this marriage and divorce exclusionary rule was a priori condition to the enactment of the law.
The report says that the Supreme Court has held the principle of gender equality to be a fundamental tenet of the Israeli legal system. However, it is unclear whether discrimination by private institutions and individuals is included in the legal definition of discrimination. Israel follows the dualistic approach to international law, whereby international law does not automatically become the law of the country, unless it is customary law. Consequently, the Convention on the Elimination of All Forms of Discrimination against Women has no formal status under Israeli law, its directives function as an interpretive guide.
Since 1991, when Israel ratified the Convention, several noteworthy pieces of legislation have been enacted, it says. These include the Equal Pay Law of 1996, the Single Parent Family Law of 1991, and the Prevention of Violence in the Family Law of 1991. The Israeli Government is the largest employer in the country, and 60 per cent of its employees are women. In 1989, a committee to investigate women's low status in the civil service had reached the conclusion that discrimination was the main reason. Most of the proposals made by a subsequent subcommittee in that regard in 1993 had been adopted and incorporated in the civil service code.
In 1995, the Knesset passed an amendment to the civil service law which mandates appropriate representation of both sexes in the civil service and requires the Civil Service Commissioner to act towards that goal, the report states. Also, the Equal Employment Opportunity Law of 1988 prohibits discrimination in the workplace, whether based on gender, sexual orientation, marital status, parenthood, race, age, religion, nationality, country of birth, political or other orientation.
The field of journalism is in the process of feminization, the report says. However, in advertising, women continue to be portrayed in stereotypical manner. Under a 1993 decision adopted by the director of the Broadcasting Authority, it is forbidden to represent women as powerless and subservient. Further, advertisements which sell products by using women as objects are prohibited, and an absolute interdiction is placed on the representation of violence between the sexes.
Under Israeli law, a differentiation is made between rape, for which the maximum punishment is 16 years imprisonment, and aggravated rape, for which up to 20 years may be imposed, the report says. Until 1982, conviction for rape could not be based on the sole testimony of the victim, unless such testimony was supported by corroborative evidence. In 1982, the requirement of corroboration was abolished. In 1988, a further section was added to an existing amendment forbidding victims of sexual crimes to be asked about their sexual history. In 1995, the Knesset passed an additional amendment to that law, authorizing courts to order that the testimony of a complainant in a sexual offence be given in the accused's absence, where the court believes that the complaint or her testimony might be otherwise harmed. Similarly, evidentiary provisions exist to ensure that minors testifying against their parents in cases of domestic violence not be required to testify in the parent's presence.
There is full equality between men and women regarding the right to vote and be elected in Israel, it says. In the 1996 elections, only nine women out of 120 were elected to the Knesset, which represented a decline. Since the emergence of Israel, only one woman, Golda Meir, has served as Prime Minister. Women's participation in local authorities has been extremely limited, but has increased since the first local election in 1950. However, the percentage of women in the judiciary is extraordinarily high compared to other areas of public life. They constitute 40 per cent of the judiciary.
The Religious Judges Law, 1955 and the Druse Courts Law, 1962 have been interpreted by Jewish, Muslim and Druse religious leaders to mean that only men can serve as judges in these courts, the report says. Therefore, Israel has expressed its reservation with regard to article 7 (b) of the Convention concerning the appointment of women to serve as judges of religious courts. The Defence Service Law of 1986 mandates service in the military for both men and women, while differentiating between the sexes regarding their conditions of service. However, the Law did not differentiate between the duties that may be assigned to men or women. Approximately 42 per cent of all conscripted soldiers in 1996 were women, however, women faced a "glass ceiling" in their efforts to advance professionally in the military.
Israeli citizenship laws do not differentiate between men and women, the report says. Both genders have equal right to acquire, change or retain their nationality. Education is compulsory for children between the ages of five and fifteen, and national expenditure on education has remained steady at 8.5 per cent in recent years. In 1995, the median educational rate among Jewish population aged fifteen and over was 12.2 years, as opposed to 10.2 years among non-Jewish population. In 1995, 55 per cent and 50 per cent of all undergraduate and graduate students were women. Pregnant workers, as well as those who have just given birth, are provided with legislated rights and protections. Further, both men and women are allowed to take leaves of absence while undergoing fertility treatment. A pregnant woman who receives medical confirmation of her inability to work for a specified period may absent herself from work without such absence affecting her seniority rights.
In all branches of the labour market, a male employee's average monthly income was 1.7 times higher than that of a female employee in 1992-1993, according to the report. So far as the employment of Arab women is concerned, a distinction has to be made between women living in cities and villages. Arab city women enjoy a more prominent status than those residing in villages. However, 90 per cent of Israeli Arab women live in villages. Most of these villages are located in Israel's periphery, far from its centres of economic activity. As regards unemployment, 11.7 per cent of Arab women were unemployed in comparison to 9.9 per cent of their Jewish counterparts. The report also notes that many Arab women did not register themselves with the Employment Bureau. It also mentions the reluctance of traditional Arab communities to allow women to work outside their homes. The lack of fluency in Hebrew among Arab village women also limits employment opportunities for them in Israel.
The percentage of both single upper class and lower class Arab women working is relatively high because of positive attitudes towards their abilities as workers and for strictly financial reasons respectively, the report says. Therefore, the labour force participation of Arab and Druse women peaks at ages 18-24 and declines with marriage or the birth of a first child. Currently, most Arab women elect to stay at home and care for their children. Many Arab women who work elect to take part-time positions. The lack of proper childcare arrangements is another reason that relatively few Arab women with children work outside the homes.
The report states that there is absolutely no formal discrimination against women regarding health care, nor are there treatments for Israeli women which are contingent upon approval of their partners or parents, including birth control. Every Israeli citizen is guaranteed the right to health care services. However, the basic basket of services does not include coverage for contraceptives, abortions performed on the grounds of extra- marital pregnancy and other various gynaecological services. Moreover, the current basket did not fully cover pre- and post-natal services. Another source of inequality in the health care system is the lack of awareness of gender differences in the symptoms and development of specific diseases, such as heart disease.
According to the report, legal abortions are permitted if: the woman is under legal age for marriage or above 40; pregnancy is the result of sexual relations forbidden under criminal code; the unborn child will suffer from deformity; it will endanger the life of mother or cause her physical or mental damage. There are no criminal sanctions against women who undergo illegal abortions. The code penalizes doctors who perform such procedures. While mother-child clinics have been set up in all Jewish cities in 1991, 20 Arab villages still lack such clinics. A significant gap remains between the infant mortality rates in the Arab sectors as opposed to the Jewish sector.
Women are treated equally and participate equally in civil courts, the report says. However, the situation is different with respect to the religious courts system, which has exclusive jurisdiction in matters of marriage and divorce and concurrent jurisdiction in other matters of family law. Article 16, on equality in marriage and family law, is one of the two articles which has been ratified by Israel with reservations. That is due to the fact that religious law governs family law in the country.
Introduction of Report
NILI ARAD, Director-General, Ministry of Justice of Israel, said since independence the issue of women's status had been on the national agenda. A continuous process of legislation had occurred. The process applied equally to all women in Israel, Jewish and Arab alike. Examples of such legislation could be found primarily in the fields of education, employment and welfare.
In summarizing where the State of Israel stood with relation to the Convention's implementation, she said with regard to the basic quality of women's life, infant mortality had been steadily decreasing, the average marital age had been rising and illiteracy had nearly been eliminated. On the more complex level of women's full participation in society, more women had been receiving advanced education, there had been increase in their participation in the workforce and new legislation continued to advance the rights and status of women.
The principle of equality had been understood as substantial and not formal, and recognized de facto discrimination, she said. That had been evidenced in the recent introduction of affirmative action into the government companies' system and into the civil service. Another expression of the substantive perception of equality in the Israeli system was found in its comprehensive employment legislation, which was designed to accommodate maternal and paternal needs with the demands of the workplace. Moreover, there was legislation designed to protect women within the family, such as the 1991 Prevention of Domestic Violence Law. Especially worthy of mention was the proposed Prevention of Sexual Harassment Law of this year, which expanded the prohibition on sexual harassment from solely a criminal offence to grounds for civil action as well.
RUTH HALPERIN-KADDARI, Professor of Law and author of Israel's report to the Committee, said the problem of illiteracy in her country had almost been eliminated among Jewish women. It had also significantly diminished among Arab women. The overall illiteracy rate among Jewish women was 5.8 per cent. However, that was due to the fact that 13.3 per cent of Jewish women over 65 had had no schooling, while only 0.1 per cent of 15-to-17-year old had no schooling. The overall illiteracy among Arab women was 13.6 per cent, but that was again because 67 per cent of Arab women over 65 had never been to school. Among the 15-to-17-year old Arab girls, there were only 2 per cent who had no schooling. The Ministry of Education had, among others: made efforts to encourage girls to study in technical schools; established criteria for school books to eliminate gender stereotypes; and initiated an experimental intervention programme called "Equality 2000", which was meant to educate all who participated in the education process about the value of gender equality. Further, in 1995, the Ministry had created the Office of Supervisor of Equality Between the Sexes.
During the last 50 years, infant mortality rate in the Jewish population had declined by 60 per cent, whereas for the Arab women it had dropped by 50 per cent, she said. Maternal mortality rates were around 5.5 per 100,000 births. Birth rates and fertility rates had also dropped. The 1994 National Health Insurance Law had established universal and equal rights to health care services. That law had particularly improved the situation of Arab and Bedouin women. The Ministry of Health had heightened efforts to close gaps in health care between different populations. Fertility treatment was covered under the basic basket of services. That had led to the argument that liberal funding of fertility treatments was indicative of a pronatalist social attitude which inevitably impacted women's reproductive autonomy. That had been enhanced in the light of legal regulation of abortion in Israel. Also, the number of illegal abortions had been rising in the country with the number of immigrants from the former Soviet Union. While there were no criminal sanctions against women undergoing abortion, the provision was enforced on doctors.
Ms. ARAD said women's unemployment rates had remained higher than men's. There seemed to be work segregation in some areas such as manufacturing, transport, construction and agriculture which were predominantly male, whereas, education, welfare and social services remained predominantly female. In 1993-1994, women's average monthly income remained approximately 55 per cent of men's average monthly income. It remained to be seen if the situation would change with the implementation of the 1996 Equal Pay Law. The Unit for the Advancement of Women and Girls had been devising special training courses for Arab women's entry into the workforce. One of the factors which influenced women's economic status was the scope of social and work-related benefits available to them. In that regard, maternity insurance provided hospitalization coverage and a grant set at 20 per cent of the average wage to every woman who gave birth. It also provided 12 weeks of fully paid leave for women who had worked a minimum amount of time prior to birth.
Ms. HALPERIN-KADDARI said the Israeli legal system extended various rights and obligations to non-marital cohabitation and, in some areas such as pensions, social security benefits, the rule of community property, their status had been equated to that of married couples. The minimal age of marriage had been set at 17 years, but exceptions were made. Further, polygamous marriages were banned, as was forcing divorce upon a woman without a judicial decree. The governing rule for child custody was the "best interests of the child". However, a tender-years presumption imposing maternal preference whenever the child was under six was provided in the law. Property distribution was solely governed by civil law, and under the law of inheritance men and women were treated with complete equality. In the selection of family names, both spouses had the right to retain their former name, choose the other's name or select a new family name altogether. Further, the Surrogate Motherhood Agreements Law of 1996 made Israel the first State to regulate and sanction surrogacy.
Ms. ARAD said much progress had been made on both administrative and regulative levels in the area of gender-based violence in Israel and on the level of actual performance of the various treating authorities. Many treatment services and programmes existed for victims. While engaging in prostitution as a client or sponsor was a criminal act under the law, the woman who engaged in prostitution was not considered a criminal in Israel.
Ms. HALPERIN-KADDARI, speaking on distinct groups of women, said Bedouin society was a highly traditional-patriarchal one and that hampered Bedouin women's access to education. However, recently some Bedouin women had started entering the teaching profession, which was a welcome development. Touching on the situation of immigrant women, she said 50 percent of women from the former Soviet Union had found employment within two years of immigration. However, Ethiopian immigrants faced a tougher time due to lack of formal education and Hebrew language facility. More resources needed to be put in the task of integrating them.
Ms. ARAD said while there had been little progress in the advancement of women at the national political level, there had been improvement at the level of local politics. Women constituted 40 per cent of the judiciary and were well represented in the legal profession. Women also participated in the Israeli defence services, but did not engage in combat and faced a glass ceiling in promotions.
Comments and Questions by Experts
One expert commented that progress of women in Israel seemed to have been made mostly by Jewish women, with Arab women and other minorities lagging behind. Another called for additional information on the structure of the Israeli legal system and whether it was based solely on religious law. Another asked about the status of Palestinian women.
An expert, expressing concern about the situation of Palestinian women, referred to the General Assembly action this week criticizing Israeli violations of Palestinian rights and construction of settlements in East Jerusalem and other occupied Palestinian lands. The resumption of the constructions could affect the well-being of Palestinian women. The expert expressed the need for efforts to ensure the rightful participation of Palestinian women in the life of the country.
Another expert sought Israeli Government opinion on a report of Israeli non-governmental organizations which noted that the Israeli report ignored the differences in the budgetary allocations for education in the Jewish and Arab communities, although the latter were also Israeli citizens. The expert also said the non-governmental organizations report had drawn attention to the Israeli declaration of independence, which stated that Israel was a Jewish State. Furthermore, the expert sought information on the position of women immigrants from eastern Europe and Ethiopia. She inquired about the situation of Palestinian women in the light of the suspension of the peace process. The expert said a message should be conveyed to the Government to ensure participation of all citizens in contributing to peace in the country.
Another expert noted that there was no reference to Palestinian women in the report and said that Jewish communities seemed to get more resources than Arab and Palestinians, even though they were all Israeli citizens. The expert asked whether all communities were provided equal resources in the area of education. What was the situation of Israeli minorities from eastern European countries, and the plight of Ethiopian Jews? the expert further asked.
Why had no specific reference been made to the rights of women in the basic laws? one expert asked. The expert inquired whether any specific work had been done to disseminate information about the Convention among members of the legal profession, particularly on Convention's provisions relating to definition of discrimination against women. Had measures been taken to gradually eradicate poverty among women, another expert asked.
An expert said information from non-governmental organizations had helped the experts understand the situation of women in Israel. She commended the Government for initiating a range of laws to provide protection for women. However, like other experts, she expressed concern about the Government's reservation on article 16 of the Convention, dealing with equality in marriage and family law. The expert hoped there would be full discussion of the problems of immigrant women and the role of women involved in peace building in Israel. She said an environment of peace could help advance the cause of peace in Israel.
Another expert also commended Israel for the prompt presentation of its reports since ratifying the Convention in 1991. The expert, a former Ethiopian ambassador to Israel, said she had first-hand knowledge of the plight of Ethiopian women immigrants and the Government's efforts to improve their situation. She urged the Government to continue with those efforts, and added that a lot needed to be done.
An expert sought more information on the mechanisms for the advancement and protection of women's rights and suggested that a ministry for that purpose would be more desirable. The Labour Courts system was not enough since it concentrated only on the situation of women in the job market, she said.
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