The Israeli Law Professors’ Forum for Democracy, an ad hoc and voluntary group of experts on Israeli law and specifically Israeli public law, expresses its grave concern over the apparent intention to abolish the independence of the judiciary, to subordinate it to the government and to the partisan political considerations of the executive branch, to undermine the independent status of the attorney generals and legal advisors, and to violate human rights.
In this position paper, and in view of such intention and its implications, we relate to the anticipated violation of women's rights, as reflected in the government composition and appointments, the coalition agreements, bills proposed by coalition members, and in the actions and declarations of the government and government officials. The conclusion of this position paper is that the totality of actions, commitments, and legislative changes on the part of the government and the coalition severely violate the rights of all women in Israel and reverse the situation of women’s rights in Israel in the gravest manner since the establishment of the State.
Summary of the Main Points:
· The State of Israel has often prioritized political considerations and religious sentiments over women's rights, particularly in matters concerning personal status. Consequently, in some areas of law women in Israel suffer from daily violations of their basic freedoms under a religious legal system that prohibits them from holding office, and despite notable progress in the struggle for equality and freedom for women, there remain islands of extreme inequality. The new coalition government is set on expanding these islands by allowing fundamentalist religious views and extremist rabbis to dictate almost every aspect of women's rights.
· The coalition’s proposed amendments to the law, to allow the exclusion of women on religious grounds, will abolish the legal protections that guarantee women’s rights to equality and freedom in the public sphere. These amendments will reduce women’s autonomy and freedom from discrimination and violate their human dignity in all areas of life, including the public sphere, employment, trade and consumerism, and leisure activities.
· The proposed amendment to the law that would permit discrimination based on religious beliefs would allow any business owner to impose the removal and exclusion of women, both as customers and employees, in order to attract customers who do not wish to receive service from women or in their presence.
· An increase in the authority of the Chief Military Rabbi and his subordination to the Chief Rabbinate will enable the Chief Military Rabbi to use his new status and authority to demand a reduction in the integration of women into combat positions, and to instruct Jewish male religious soldiers to refuse to serve with women or in their proximity.
· Expanding the authority of the rabbinical courts to cover civil law disputes will create a comprehensive legal system based on Torah law, which discriminates against women and clearly excludes women from its ranks. In practice, this means that there will be two separate legal systems existing in one state, each based on a different body of law and different conceptions of justice.
· In an unprecedented manner, the coalition agreement between the Likud and the Religious Zionist Party includes a commitment not to join the Istanbul Convention. The Istanbul Convention - the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence - is currently regarded as the most important and effective tool for countries to deal with these phenomena and constitutes the internationally accepted standard in this domain. This is but one indication that the current government has completely abandoned any commitment to reduce violence against women and domestic violence.
· The present government marks a historic setback in the representation of women. The coalition has an absolute male majority, with only 9 women out of the coalition’s 64 members of the Knesset (14%). In the Knesset as a whole, the percentage of women stands at only 24%, 29 women out of a total of 120 Knesset members. Only 4 women serve as committee chairs, out of a total of 25 committees. The legitimacy of the government's decisions must be questioned due to this lack of representation.
· Legalization of the exclusion of women will deepen the process of gender segregation in the ultra-Orthodox (Haredi) Community. For example, approval of separation by gender in natural water springs will harm Haredi who will not be able to travel together as families. Moreover, the anticipated result is that ultra-Orthodox men and boys will vacation in the outdoors, while ultra-Orthodox women and girls will be restricted to outings within the boundaries of their homes.
· Expansion of the authority of the rabbinical courts will require Haredi women to litigate disputes in the rabbinical courts and will prevent disadvantaged Haredi women, such as teacher assistants in Haredi education, from contacting women's organizations for legal assistance.
· Impairment of the court’s power to block discriminatory legislation and provide relief to minority groups will particularly infringe upon the rights of Arab women, as a minority with the minority, and will harm their ability to defend themselves against discriminatory and racist legislation. Moreover, the government’s intention to restrict the activities of human rights organizations will impair the activities of civil society organizations in Arab society, and, in particular, the activities of Arab women’s organizations.
The full position paper with additional examples and implications is available in Hebrew on our website.
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