Common core document forming part of the reports of States parties

Israel *

[Date received: 19 January 2015]

Contents

Paragraphs Page

I.General information about the State of Israel1–474

A.Demographic, economic, social and cultural characteristics1–304

1.Geography14

2.Demographics2–74

3.Culture and religion8–104

4.Languages11–135

5.Socio-economic indicators14–215

6.Science and technology226

7.Health care23–246

8.Education25–286

9.Indicators on crime and the administration of justice29–307

B.Constitutional, political and legal structure31–477

1.Events preceding the establishment of the State of Israel317

2.The Holocaust (Shoah)327

3.Aftermath of the Holocaust (Shoah)337

4.Recent history347

5.Israel as a Jewish and democratic State357

6.Indicators on the political system and structure of the Government36–478

II.General framework for the protection and promotion of human rights48–1479

A.Acceptance of international human rights norms48–529

1.Integration of human rights instruments into the national legal system48–499

2.Reservation and declarations5010

3.Derogations, restrictions or limitations5110

4.Incorporation of international treaties into domestic law5211

B.Legal framework for the protection of human rights at the national level53–12511

1.Legal basis for the protection of human rights53–10811

2.Equality before the law109–11022

3.Raising human rights awareness among public officials and other professionals111–12523

C.Information, publication and promotion of human rights126–13924

1.Promotion of human rights awareness through mass media126–13124

2.Promotion of human rights awareness through educational programs132–13425

3.Promotion of human rights awareness through public exposure135–13925

D.Reporting process at the national level140–14726

1.Preparation of treaty-specific periodic reports140–14526

2.Other information regarding promotion of human rights awareness146–14727

Annex**

I.General information about the State of Israel

A.Demographic, economic, social and cultural characteristics

1.Geography

Please see Israel’s initial Core Document (HRI/CORE/ISR/2008), page 6.

2.Demographics

Israel is home to a diverse population from many ethnic, religious, cultural and social backgrounds. April 2014 statistics show that Israel has a population of 8.18 million people, of which over 6.135 million are Jews (75% of the total population), and 1.694 million are Arabs (mostly Muslims, and some Christians, Druze and Circassians who comprise about 20.7% of the total population). The number of Non-Arab Christians, persons without religious affiliation and persons of other religions stands at 351,000 persons (4.3% of the total population). For figures regarding the growth of the major population groups in Israel, (Jewish, Muslim, Christian and Druze), between the years 2008–2012, please see Table No. 1 in the Annex to this Report (hereinafter “Annex”).

In 2012, 91.4% of the population of Israel resided in urban areas and 8.6% in rural areas. For data regarding population density in Israel by district, please see Table No. 2 in the Annex to this Report.

The total number of Jewish immigrants to Israel (“Olim”), since 1989, is 1,274,678, of which approximately 1,004,000 are from the Former Soviet Union, and 73,842 are from Ethiopia. For additional information regarding sources of population growth between the years 2009–2012, please see Table No. 3 in the Annex to this Report.

In 2013, there were approximately 3.953 Million males, and 4.031 Million females. In 2012, the total fertility rate was 3.05 and life expectancy for Israeli males was 79.9 years and 83.6 years for Israeli females (compared to 78.5 and 82.2 respectively in 2007). In the same year, 29.7% of the population was aged 15 or younger, while 10.2% of the population was aged 65 or older. For details regarding age compilation by religion, please see Table No. 4 in the Annex to this Report.

The crude birth rate in 2012 was 21.6 per thousand people, and the infant mortality rate was 3.5 per thousand. Out of 2,268,900 households, 8.8% (nearly 200,000) are single-parent households. Of the single-parent households, 167,000 are with children up to the age of 24, and 88.6% (148,000) of such single-parent households with children up to the age of 24 are headed by women. The average size of the Israeli family as of 2012 was 3.72 persons (3.54 for Jewish families, 4.7 for Arab families).

As of 2012, Israel had a literacy rate of about 96.4% (Men – 97.7%, Women – 95.5%).

3.Culture and religion

Israel is a rich mix of western and contemporary culture, together with Middle-Eastern and orthodox traditions. At its core, Israeli society is based on the Jewish ethos, traditions and culture, in addition to being greatly influenced by other religions and cultural minorities.

As of October 2013, 43% of the world’s Jewry resided in Israel, and was also home to followers of many other religions, including Muslims, Christians, Druze and Baha’i, among others. As enshrined in Israel’s Declaration of Independence (1948), Israel guarantees freedom of religion and conscience for all. Each religious community is free, by law and in practice, to exercise its faith and to observe its religious holidays and weekly day of rest.

The main religious communities have their own religious courts that are recognized by State law, which maintain jurisdiction over religious affairs, including matters of personal status such as marriage and divorce.

4.Languages

Hebrew and Arabic are the two official State languages. Israel’s television and radio stations broadcast in Hebrew, Arabic and, to a lesser extent, English, Russian and Amharic. Hebrew, Arabic and English are also used side by side on intercity and local road signs.

The Israeli Government continues to translate the content of the Internet sites of its ministries into Arabic – a well-developed and ongoing project. Both the main and individual Ministry websites contain a wide range of information, from assistance with government contracts and tax payments, to various services including driving licenses renewal, job vacancies and a guide to lodging complaints relating to violation of individual rights. The key idea behind this initiative is to ensure that Israel’s Arab citizens have equal and easy access to governmental services and information online, in their mother tongue.

On March 21, 2007, the Knesset approved the High Institute for the Arabic Language Law 5767–2007, under which the High Institute of Science and Research of the Arabic Language in Israel (the “Arabic Language Academy”) was established. Since its establishment in December 2007, the Academy regularly publishes books and a magazine. In recent years, the Academy has conducted many important activities focused on the advancement of teaching the Arabic language, including holding professional seminars, providing scholarships for students who excel at Arabic language studies, and training Arab and Jewish pupils delegations and sending them to Spain, in order to study the Arab culture in Andalucía and its effects on both Arab and Jewish Cultures.

5.Socioeconomic indicators

Israel’s Gross Domestic Product (GDP) in 2012 was 993.36 billion New Israeli Shekels (NIS) (approximately 275.9 billion USD). The GDP per capita was 125,652 NIS (approximately 34,900 USD). The external debt was 34,245 million USD.

At mid–2012, the NIS-USD exchange rate was 3.733 NIS to 1 USD (an increase from the end of 1990, when it stood at 2.048 NIS to 1 USD). The NIS was strongest in 2005, when the annual average of the NIS-USD exchange rate was 4.487. In 2010, it stood at 3.733 NIS per 1 USD and in 2012, it stood at 3.855. The rate of inflation for the year 2013 was around 1.8%.

The unemployment rate for 2013 was 6.2% (approximately).

In 2012, the proportion of households below the national poverty line was 19.4%. The number of poor families in 2006 was 439.500, encompassing 1,754,700 people, of which 817,200 were children.

For details regarding the “Gini” coefficient for the years 2008–2012 and household consumption expenditures on food, housing, health and education between 2007 and 2011, please see Tables Nos. 8 and 9 in the Annex to this Report.

In 2012, Israel’s major exports were raw materials, fuels and diamonds (comprising 38.1%, 22.2% and 10.4% respectively of the country’s total annual export). That year, Israel’s main imports were manufactured products and diamonds (81.8% and 15.4% respectively of the country’s total annual import). Israel exports most of its products to the USA, and imports most of its products from the European Union.

In May 2010, Israel was accepted as a member to the Organisation for Economic Co-operation and Development (OECD) following a decision by the OECD Ministerial Council. Israel’s accession to the organization followed an elaborate three years process in accordance with the “road map for accession” provided by the OECD to Israel. Israel participates in many of the organization’s committees and working groups related to a variety of topics promoted by the organization. Even before being accepted to the OCED, Israel adhered to the legal instruments of the organization, and has continued to do so since its accession.

For statistics related to civilian labor force characteristics (population aged 15 and over) (2009–2012); civilian labor force characteristics (population aged 15 and over) (2012); employed persons by industry and gender (2012) and employed persons by last occupation and gender (2012), please see Tables Nos. 10 to 13 in the Annex to this Report.

6.Science and technology

Israel is at the forefront of high-tech, entrepreneurship, innovation, academic research and supportive government programs. There are numerous governmental programs and schemes which specifically aim to support the application of research conducted at universities and research institutes, to technology in the industry. This includes research and development (R&D) projects and “Technological Incubators”. Israel places a strong emphasis on the establishment of centers of excellence in fields such as biotechnology and nanotechnology, as well as various pure sciences. Compared to other countries, Israel has one of the highest rates of GDP investment in R&D (at 4.0% of the country’s GDP).

7.Health care

Israel enjoys a high standard of health services and medical resources, modern hospital facilities, and a high ratio of physicians and specialists to the general population. The country’s low infant mortality rate (3.5 per 1,000 live births, compared to 4.3 in 2006) and long life expectancy (83.6 years for women, 79.9 for men) can be strongly attributed to these factors. Every Israeli citizen is provided with national health insurance (as provided for by law) which includes access to various health care services required from infancy to old age. Israel’s national expenditure on health compares favorably with that of other developed countries.

For statistics relating to hospitalized pregnancy terminations (provided by law) (2005–2012); highest 10 causes of death; newly reported cases of HIV and AIDS (2000–2012), by gender and notified AIDS patients according to method of transmission (1981–2012), please see Tables Nos. 14 to 17 in the Annex to this Report.

8.Education

Education is a fundamental value in Israeli society and is recognized as an indisputable basis for ensuring the success of future generations. The educational system aims to prepare children to become responsible members of a democratic, pluralistic society in which people from different ethnic, religious, cultural and political backgrounds coexist. It is based on Jewish values and the principles of liberty and tolerance. Additionally, the education system in Israel seeks to impart a high level of general knowledge, with an emphasis on scientific and technological skills considered essential for the country’s continued development.

The Ministry of Education is involved in an ongoing process of bringing educational standards in line with modern pedagogic practices such as mandating gender equality, broadening humanistic curricula and promoting scientific and technological studies, along with upgrading teacher status. A key focus of the Ministry’s educational policy is to provide equal educational opportunities for all children, irrespective of socio-economic or cultural background, and to increase the number of pupils passing matriculation examinations, simultaneously whilst maintaining a high level of education.

Evidence of this focus on academic excellence, has been demonstrated by the winning of Nobel Prizes by several Israeli researchers in recent years, including Prof. Ada E. Yonath (chemistry – 2009), Prof. Dan Shechtman (chemistry – 2011) and Prof. Arieh Warsheland Prof. Michael Levitt(chemistry – 2013).

For information regarding numbers of pupils and students in differing levels of education; pupil-teacher ratio according to education level, and national pupil numbers (grades 7–12) (including drop-out rates), please see Tables Nos. 18 to 20 in the Annex to this Report.

9.Indicators on crime and the administration of justice

Israel has strong law enforcement agencies, all well aware of the importance of human rights issues and the need to strike a balance between maintaining peace and order and preserving human rights.

For information concerning prison inmate numbers (including breakdown by offence) (2010–2014); number of reported cases of sexually motivated violence (2008–2012); comparison of male to female prison inmate numbers (2012–2014); prison guard numbers by district (2012); Israeli police personnel (2012–2014); number of judges (2000; 2010–2012); court cases’ activity (2010– 2012); itemized budget for the judicial system (2012); national expenditure to maintain public order (2008–2011), and legal aid requests and eligibility (2011–2013), please see Tables Nos. 21 to 30 in the Annex to this Report.

B.Constitutional, political and legal structure

1.Events preceding the establishment of the State of Israel

Please see Israel’s initial Core Document (HRI/CORE/ISR/2008), page 25.

2.The Holocaust (Shoah)

Please see Israel’s initial Core Document (HRI/CORE/ISR/2008), page 25.

3. Aftermath of the Holocaust (Shoah)

Please see Israel’s initial Core Document (HRI/CORE/ISR/2008), page 26.

4. Recent history

Please see Israel’s initial Core Document (HRI/CORE/ISR/2008), page 27.

5.Israel as a Jewish and democratic State

Please see Israel’s initial Core Document (HRI/CORE/ISR/2008), page 30.

6.Indicators on the political system and structure of the Government

Please see Israel’s initial Core Document (HRI/CORE/ISR/2008), page 31. For information regarding the number of recognized political parties at the national level and distribution of legislative seats by party in the 19th Knesset (2013), please see Table No. 5 in the Annex to this Report. In addition, for general facts and background regarding the 19th Knesset election and the number and percentage of women in the Israel Knesset, please see Tables Nos. 6 and 7 in the Annex to this Report.

(i)The Knesset (Parliament)

Please see Israel’s initial Core Document (HRI/CORE/ISR/2008), page 31.

Note, however, that a party running for parliament must now pass a 3.25% qualifying threshold in accordance with Amendment No. 62 of 2014 to the Elections Law [Consolidated Version] 5729–1969.

(ii)The Government

Following the general elections, the President must consult the chairpersons of all Parties and then choose one of the Knesset Members to form the Government. This Knesset Member who will serve as the Prime Minister forms the Government by appointing Ministers to head the various Ministries. The Government is then presented to the Knesset together with its basic principles in order to receive its approval. The Ministers may be removed from office by the Prime Minister.

The Government has a joint responsibility towards the Knesset, to ensure that all Government members stand united behind the Government’s resolutions and actions.

Currently, the Israeli Government is constituted by the following Ministries: the Prime Minister’s Office, Ministry of Foreign Affairs, Ministry of Defense, Ministry of Justice, Ministry of Finance, Ministry of Health, Ministry of Social Affairs and Social Services, Ministry of Science, Technology and Space, Ministry of Interior, Ministry of Culture and Sport, Ministry of Education, Ministry of Economics, Ministry of Public Security, Ministry of Tourism, Ministry of National Infrastructures Energy and Water Resources, Ministry of Communications, Ministry of Environmental Protection, Ministry of Immigrant Absorption, Ministry of Constructions and Housing, Ministry of Transportation and Road Safety, Ministry of Agriculture and Rural Development, Ministry of Religious Services, Ministry for Senior Citizens, Ministry for International Relations, Ministry of Intelligence, Ministry for Regional Cooperation, Ministry of Jerusalem and Diaspora Affairs, Ministry for Strategic Affairs, and the Ministry for the Development of the Negev and the Galilee.

(iii)The Judiciary

Please see Israel’s initial Core Document (HRI/CORE/ISR/2008), page 32.

Note that there are currently 31 Magistrates’ Courts situated throughout the country, from the most northern in the town of Mas’ade to Eilat in the south.

(iv)The Attorney General

Please see Israel’s initial Core Document (HRI/CORE/ISR/2008), page 34.

(v)The Presidency

Please see Israel’s initial Core Document (HRI/CORE/ISR/2008), page 34.

(vi)The State Comptroller

Please see Israel’s initial Core Document (HRI/CORE/ISR/2008), page 34.

(vii)Inspector for complaints against ISA interrogators

In November 2010, following comprehensive deliberations, the Attorney General announced that the Inspector for Complaints against Israel Security Agency (“ISA”) Interrogators (hereinafter “Inspector”), which had previously been an administrative part of the Israel Security Agency, would become part of the Ministry of Justice. Israel is pleased to announce that the transferal of the role of Inspector to fall under the Ministry of Justice was finally completed in June 2013. The New Inspector assumed her responsibilities in February 2014 and began operating in May 2014. The Ministry of Justice allocated the necessary budgets and recently another position in the unit was filled and a third position is scheduled to be filled in the near future. The unit in the ISA was disbanded. With the aim of increasing the transparency of this process, the Inspector conducted several meeting with representatives of the ICRC and of several non-governmental organizations. In addition, for the first time, NGO representatives were allowed to be present in a meeting between the Inspector and a complainant.

II.General framework for the protection and promotion of human rights

A.Acceptance of international human rights norms

1.Integration of human rights instruments into the national legal system

As part of its commitment to human rights values and the rule of law, Israel ratified in 1991, five core United Nations human rights treaties: the International Covenant on Civil and Political Rights (ICCPR), the International Convention Against Torture and Other Cruel, Inhumane or Degrading Treatment or Punishment (CAT),the Convention on the Elimination of Discrimination Against Women (CEDAW), the Convention on the Rights of the Child (CRC) and the International Covenant on Economic, Social and Cultural Rights (CESCR). This joined its earlier ratification of the International Convention on the Elimination of all Forms of Racial Discrimination, 1969 (CERD), and more recently in 2012, Israel ratified the Convention on the Rights of Persons with Disabilities, 2007 (CRPD). Israel has submitted initial reports in accordance with its obligation under six of these seven core human rights conventions, it is currently working on its initial report to the International Committee on the Rights of Persons with Disabilities (CRPD) and continues to provide the relevant periodic reports (such as this Core Document).

Israel has also ratified the following protocols to conventions it had already signed:

Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, 2000, was ratified by Israel on July 18, 2005;

The Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, 2000, was ratified by Israel on July 23, 2008.

2. Reservation and declarations

Please see Israel’s initial Core Document (HRI/CORE/ISR/2008), page 37, for previously noted reservations and declarations to relevant conventions. The following table provides the reservation and declaration made by Israel since the submission of the previous Core Document in 2008:

Reservations/ Declarations	Date of Ratification	Date of Signature	Convention
-	23 Jul. 2008	14 Nov. 2001	Optional Protocol to the Convention on the Rights of the Child (CRC) on the sale of children, child prostitution and child pornography, 2000
Reservation: “The State of Israel hereby expresses its intention to ratify the Convention on the Rights of Persons with Disabilities, in accordance with the following Reservation. The State of Israel expresses its reservation with regard to the provisions concerning marriage in Article 23(1)(a) of the Convention, to the extent that the laws on personal status, which are binding on the various religious communities in Israel, do not conform with these provisions.”	28 Sept. 2012	30 March 2007	Convention on the Rights of Persons with Disabilities, 2007

3.Derogations, restrictions or limitations

Please see Israel’s initial Core Document (HRI/CORE/ISR/2008), page 40, for previously noted derogations, restrictions or limitations to relevant conventions. The following table provides the derogations, restrictions or limitation made by Israel since the submission of the previous Core Document:

Derogations, Restrictions or Limitations	Date of ratification	Date of signature	Convention
30 September 2003 With regard to the declaration made by the Syrian Arab Republic upon accession: “The Government of the State of Israel has noted that the instrument of accession of the Syrian Arab Republic to the above mentioned Protocol contains a declaration with respect to the State of Israel. The Government of the State of Israel is of the view that the declaration which is political in its nature, is incompatible with the purposes and objectives of this Protocol. The Government of the State of Israel therefore objects to the aforesaid declaration made by the Syrian Arab Republic to the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography.” On 23 July 2008, upon its ratification to the Protocol, the Government of the State of Israel reiterated this objection to the declaration made by the Syrian Arab Republic upon accession. The text of the objection made by the State of Israel upon ratification reads as follows: “The Government of the State of Israel has noted that the instrument of accession of the Syrian Arab Republic of the above-mentioned Protocol which appears in the Depositary Notification Ref: C.N.679.2003.TREATIES-15 of 2 July 2003, contains a declaration with respect to the State of Israel. The Government of the State of Israel considers that such a declaration, which is explicitly of a political nature, is incompatible with the purposes and objectives of the Protocol. The Government of the State of Israel therefore objects to the aforesaid declaration made by the Syrian Arab Republic.”	23 Jul 2008	14 Nov. 2001	Optional Protocol to the Convention on the Rights of the Child (CRC) on the sale of children, child prostitution and child pornography, 2000
-	28 Sept. 2012	30 March 2007	Convention on the Rights of Persons with Disabilities, 2007

4.Incorporation of international treaties into domestic law

Please see Israel’s initial Core Document (HRI/CORE/ISR/2008), page 41.

B.Legal framework for the protection of human rights at thenational level

1.Legal basis for the protection of human rights

The protection of human rights forms an essential basis of Israeli society. This has been so since the State’s inception, and is evidenced through various legal instruments including the Declaration of Independence, Israel’s Basic Laws, various other key legislation (“ordinary laws”), and Supreme Court rulings.

(i)The declaration of independence

Please see Israel’s initial Core Document (HRI/CORE/ISR/2008), page 42.

(ii)Basic laws

Please see Israel’s initial Core Document (HRI/CORE/ISR/2008), page 42.

(iii)Ordinary laws

A substantial source for the protection of human rights can be found in the State’s ordinary laws. In addition to the laws that were detailed in Israel’s initial Core Document (please see Israel’s initial Core Document (HRI/CORE/ISR/2008), p. 44), the following paragraphs describe several notable amendments to existing laws as well as the introduction of new laws, all which aim to further protect human rights in Israel.

In March 2014, the Knesset enacted the Adjustment of Works of Art, Performances and Broadcasts for Persons with Disabilities Law (Legal Amendments) 5774–2014. This law clarifies that conducting adjustments in work of art, performances and broadcasts, in order to make them accessible for persons with disabilities does not require the initial approval of the artist or the person who owns any relevant copyright for such adaptations or adjustments and no royalties should be paid for such adjustments, and all in accordance with the Law’s provisions.

On June 10, 2013, the Knesset approved Amendment No. 26 to the Religious Judges Law (Dayanim) 5715–1955, which stipulated that at least one of the two representatives of each body (the Government, Knesset and the Israeli Bar Association) for the Committee in charge of appointment of Judges for the Religious Jewish Courts in Israel must be a woman. Religious Judges play an influential role over key life events of most Jewish Israelis, including ruling over sensitive matters such as marriage, divorce, death and conversion. An additional recent amendment is that the 11th member of the Committee must be a rabbinic advocate (“Toen Rabani”) who will be elected by the Minister of Justice. These amendments are intended to provide better representation for women in this important Committee which decides the appointment of Religious Judges, who ultimately have wide-reaching influence over individual’s day-to-day lives.

In August 2011, Amendment No. 4 to the Student ’ s Rights Law 5767–2007 was enacted, which provided that every academic institution must determine modifications accorded to students on account of fertility treatment sessions, pregnancy, childbirth, adoption, or the receiving of a child for foster care or custody. This amendment is intended to promote gender equality and provide greater options for a variety of family unit types, by increasing the flexibility afforded to fulfill academic assignments.

On March 28, 2011, the Knesset approved Amendment No. 109 (Prohibition on Advertisement of Prostitution Services Ads) of the Penal Law 5737–1977 (Hereinafter “Penal Law”). The aim of this amendment was to expand the prohibition on the publication of prostitution services. This amendment, together with existing case law on the subject, makes it illegal to advertise sexual services using euphemisms such as “massage parlor” or “escort service”. More so, through this amendment, Section 205A of the Penal Law prohibits the publication of information on prostitution of minors, which applies regardless of whether the prostitution service is provided in Israel or abroad, whether the information refers to a specific minor, or whether the publication states that the person who provides the service is a minor. Prior to the amendment, the maximum penalty for such publication was five years of imprisonment. The amendment added a maximum fine to the offender – 226,000 NIS (61,000 USD) if the offender is a natural person, and 552,000 NIS (149,000 USD) if the offender is a corporate entity. In addition, Section 205C(a)prohibits the publication of the provision of prostitution services of adults. Prior to the amendment, the maximum penalty for such publication was six months imprisonment. The amendment increased the penalty to a maximum imprisonment term of three years and a maximum fine of 75,300 NIS (20,300 USD) if the offender is a natural person, and 150,600 NIS (40,700 USD) if the offender is a corporate entity. Moreover, the amendment repealed Section 205C(b), which listed exceptions to this offense (if the advertisement was solely for sexual services, if it was advertised separately from other advertisements; if it was given to a person upon request; if it was clearly marked as advertising prostitution services).

The Prohibition of Discrimination in Products, Services and Entry into Places of Entertainment and Public Places Law 5761–2000 prohibits discrimination by an individual operating a public place, to exclude certain groups from use of such a venue. Violation of the Law is both a civil wrong and a criminal offence punishable by fine. The Law applies to the State and has been applied broadly to a range of public places, including schools, libraries, pools, stores, and other places serving the public. Court decisions have upheld this broad interpretation of the applicability the Law.

Specifically, Section 3 of the Law prohibits discrimination in the provision of public products or services to someone, or prohibition of entrance to a public place, based on that person’s race, religion or religious affiliation, nationality, country of origin, gender, sexual orientation, views, political affiliation, personal status, or parenthood. Any such discrimination by an individual who either provides such products or services, or operates the public venue is a violation of the Law. Amendment No. 2 to the Law on March 30, 2011, broadened the Law’s definition of “prohibited discrimination” to include the act of setting irrelevant terms conditioning the enjoyment of public services or products. In addition, the Law is presumed to be violated, where it has been proven that a defendant delayed the provision of a public service or product, or the entrance of a person related to a certain group indicated in Section 3, to a public place; while providing such services or products without delay, in similar circumstances, to persons not related to that group.

In 2011, the National Health Insurance Law 5754–1994 was amended to include fertility preservation treatments for girls and women who are supposed to undergo chemotherapy or radiation treatments, as part of the national basic health service basket. This Amendment (which altered Section 6 of the second addendum to the Law) held that fertility preservation treatments include the preservation of embryos, eggs or ovaries, and is designated for childless couples for their future first and second children in the current marriage, and for women and girls without children for the purpose of fertility preservation.

In 2010 and 2011, the Women’s Employment Law 5714–1954 was amended in order to grant further employment rights and benefits to new mothers, adoptive parents, intended parents and parents in foster families. According to Amendment No. 46 to the Women ’ s Employment Law,which entered into force on March 22, 2010, the maternity leave of a female employee who is employed for at least one year prior to her maternity leave, shall be extended to 26 weeks. 14 weeks of her maternity leave are with pay, and an additional 12 weeks can be taken without pay (at her discretion), during which the employer must reserve her role and her rights at the workplace. In 2011 Amendment No. 48 also came into force, providing the same rights to, and conditions of, maternity leave for parents who become foster families and to parents who adopt children. The purpose of the Women ’ s Employment Law and these amendments is to legally enshrine the obligation to ensure equality and to prohibit discrimination of women and differing familial units; an obligation and a right which applies to all citizens of Israel.

Similarly, there are also several laws which have been specifically created to protect certain minority and disadvantaged groups, who have historically suffered from discrimination. In the Israeli context, such groups have tended to include Arab, Druze and individuals who were born in Ethiopia or who have at least one parent born in Ethiopia. Legal protection is usually achieved through the provision of special opportunities for these groups; this affirmative action ultimately enables these groups, and individuals within them, greater and equal access to the Israeli society.

The Expansion of Adequate Representation for Persons of the Druze Community in the Civil Service (Legislative Amendments) Law 5772–2012, was enacted in January 2, 2012. This law expands the already existing affirmative action scheme applicable to persons of the Druze community, by requiring government corporations with more than 50 employees, as well as municipalities in which at least one tenth, but no more than 50% of the residents are Druze, to apply the Law’s affirmative action requirements with respect to persons of the Druze community, for all the positions and ranks within these corporations. The amendment further mandates corporations and municipalities to actively promote the appropriate representation of their employees, for example by designating specific positions for candidates of the Druze community and by guiding the corporations and municipalities when considering candidates with equal credentials, to give preference to the applicant belonging to this minority group. These requirements apply to all types of job openings as well as to internal promotions within government corporations and municipalities.

The Expansion of Adequate Representation for Persons of the Ethiopian Community in the Civil Service (Legislative Amendments) Law 5771–2011, was enacted in March 28, 2011. This law drastically expands the already existing affirmative action scheme applicable to individuals who were born in Ethiopia or who have at least one parent born in Ethiopia, by requiring that not only Government Ministries and agencies, but also government corporations with more than 50 employees, as well as municipalities, must also apply the Law’s affirmative action requirements for people of Ethiopian descent. These requirements are applicable to all positions and ranks within such organizations. The amendment further mandates corporations and municipalities to actively promote the appropriate representation of their employees, for example by designating specific positions for candidates of Ethiopian descent, and by guiding the corporations and municipalities when considering various candidates with equal credentials, to give preference to the applicant belonging to the minority group. These requirements apply to all job openings and internal promotions.

Some laws integrate specific international human rights treaties into Israeli legislation. For instance, the stated objective of the Pupil Rights Law 5761–2000 is the spirit of human dignity and the principles of the Convention of the Rights of the Child (CRC). Recently, on March 24, 2014, Amendment No. 4 to this law was approved by the Knesset. This amendment added sexual orientation and gender identity to the list of grounds upon which discrimination of pupils is prohibited. Accordingly, local education authorities and education institutions, or any person acting on their behalf, may not discriminate a pupil for his/her sexual orientation or gender identity in relation to the following matters: registration, acceptance to or removal from an education institution, determination of educational curriculum or program and advancement course, holding of separate classrooms for such pupils at the same education institution, and upholding pupils’ rights and obligations (including disciplinary rules and their implementation). The amendment set a punishment of one year imprisonment or fine for any offender under the Law.

Additional laws incorporating international human rights conventions also include the Victims of Offences ’ Rights Law 5761 – 2001 that refers directly to the Convention on the Rights of the Child (CRC) when addressing a minor-victim; and the Law for the Authority for Advancing the Status of Women 5758 – 1998 that states that one of its goals is to implement the International Convention on the Elimination of All Forms of Discrimination against Women(CEDAW).

(iv)Supreme Court rulings

The decisions of the Israeli Supreme Court (particularly sitting in its role as the High Court of Justice) are also an important mechanism for the protection of human rights. Their declaratory pronouncements of protections of such rights through interpretation of certain laws, ensures that the highest court in the country has for years provided a valuable safeguard for protection of such important rights.

The Supreme Court has ruled that every statutory norm should be interpreted according to the Basic Laws (C.A. 537/95 Ganimat v. The State of Israel [1995] P.D. 49(4), 589). In addition, many rights recognized by the Court in the past, have later became formal statutory norms, such as the freedom of occupation — the natural right of all nationals or residents to engage in any occupation, profession or trade which is not prohibited by law — which was recognized by the Court back in 1949 (H.C.J. 1/49 Bejerano v. The Minister of Police [1949] P.D. 2(1), 80). This right was later officially enacted in Basic Law: Freedom of Occupation (1994).

In an October 2013 case, two water producers appealed the High Court of Justice against the Water Authority’s decisions concerning water production charges for the years 2000–2005. The appellants claimed, among other things, that the Water Regulation by which these charges were mandated are void since they were not published in the Arab press and therefore they were denied from presenting their objection to these Regulations thus causing a discrimination against them. The respondents claimed that the appellants produced water for years without paying any water charges and that these were imposed on all water producers by law and not by the Regulations. The respondents further claimed that the Regulations simply determine the rate of the charges, not their imposition. The Court noted that the obligation of informing the public of the new regulation and inviting it to express its views should include publication in the Arab press. However the Court noted that even if the views of both appellants were brought to the attention of the Minister of Infrastructure, it would probably not have changed the Regulations’ version. The Court therefore, in accordance with the relative nullification doctrine, did not determine that the Regulations were void (C. Ap. 4926/08 Nashef Vail et. al. v. The Water and sewage Authority (9.10.13)).

Please see Israel’s initial Core Document (HRI/CORE/ISR/2008), for examples of Supreme Court rulings in regard to human rights, among them (on p. 47): freedom of expression, freedom of assembly, freedom of association, freedom of movement, freedom of religion, the right to property, the right to equality, accessibility, and prohibition against torture. Below are several recent, notable Supreme Court decisions related to human rights issues.

Judicial Review of Asylum Seekers ’ Detention – On September 16, 2013, the High Court of Justice ruled on a petition filed by several NGOs, regarding the constitutionality of Amendment No. 3 to the Prevention of Infiltration Law (Offenses and Jurisdiction) 5714–1954. The Amendment, which had entered into force in January 2012 as a temporary provision (for a period of three years until January 2015), had altered Section 30A of the Law, such that a person who entered Israel illegally could have been held in detention for a period of up to three years, subject to certain exceptions. An extended panel of nine judges ruled that holding persons for such a long period of time constitutes a material violation of their rights, including liberty and dignity, as enshrined in the Basic Law: Human Dignity and Liberty. The Court determined that this violation does not meet the proportionality criteria contained within the limitation clause of the Basic Law, and therefore the amendment was held unconstitutional. The Court annulled Section 30A of the Law. Furthermore, the State was given 90 days to examine the possibility of releasing the 1,750 people held in detention pursuant to this section, on the basis of Section 13F of the Entry into Israel Law 5712 – 1952, which was deemed applicable to the situation (H.C.J. 7146/12 Naget Serg Adam et. al. v. The Knesset et. al.(16.9.13).

On December 10, 2013, the Knesset approved Amendment No. 4 to the Prevention of Infiltration Law, which was drafted, inter alia, following the above mentioned High Court of Justice’s ruling. Amendment No. 4 was scheduled to be valid for a period of three years and was scheduled to expire on December 9, 2016.

Amendment No. 4 to the Prevention of Infiltration Law included two key changes: (a) It stipulated that a person who enters Israel illegally could have been held in detention for a period of up to one year, subject to certain exceptions. This section applies only to persons who entered Israel illegally after its enactment, as of December 10, 2013; (b) The establishment of the “Holot” facility for persons who entered Israel illegally and were already in Israel when the new Section 30A came into existence. According to Amendment No. 4, the Border Control Commissioner is authorized to place such persons in the “Holot” facility; from which they are allowed to exit during the daytime; however they have a duty to report to the facility three times a day. Persons in the “Holot” facility are provided with adequate needs including health care and welfare.

On December 15, 2013 several NGOs and asylum seekers filed a petition to the High Court of Justice against the constitutionality of Amendment No. 4.

On September 22, 2014, an extended panel of nine judges of the High Court of Justice ruled in this further petition. A majority of six judges ruled that holding persons for up to a year in detention constituted a material violation of their rights, including liberty and dignity, as enshrined in the Basic Law: Human Dignity and Liberty. The Court determined that this violation did not meet the proportionality criteria contained in the Basic Law, and was therefore unconstitutional. Consequently, the Court annulled Section 30A of the Amended Law, and ruled that the Entry into Israel Law, applies instead.

Furthermore, the Court, by a majority decision of seven judges, annulled Chapter 4 of the Amendment, which established the new “Holot” facility, and stated that it violates the rights enshrined in the Basic Law: Human Dignity and Liberty in a manner that does not meet the proportionality criteria contained in the Basic Law, and was therefore unconstitutional. This annulment is scheduled to take effect in 90 days. The duty to report to the facility every day at noon was also annulled with effect on September 24, 2014, since it violates the rights enshrined in the Basic Law: Human Dignity and Liberty in a manner that does not meet the proportionality criteria contained in the Basic Law, and was therefore unconstitutional (H.C.J. 8425/13 Gabrislasy et. al. v. The Knesset et. al. (22.9.14)).

On December 17, 2014 Amendment No. 5 to the Prevention of Infiltration Law entered into force. The Amendment includes three key changes: (a) it stipulates that a person who enters Israel illegally may be held in detention for a period of up to three months. This section applies only to persons who entered Israel illegally after its enactment, as of December 17, 2014; (b) the maximum period a person can be placed in the “Holot” facility is 20 months. Persons placed in “Holot” need to report to the facility at night; the facility is closed at night (10.00 p.m.) and opens in the morning (6.00 a.m.). According to the Amendment, the Border Control Commissioner shall not order the placement of the following in the“Holot” facility: a woman, a minor, a person above the age of 60, a parent who is responsible for a minor, a victim of a trafficking in persons offence and a person that the Border Control Commissioner is convinced that his/her placement in the “Holot” facility may damage his/her health due to his/her age, state of health including mental health, and there is no way to prevent such damage. The Amendment also includes initiated judicial review for disciplinary measures taken in cases of transferring a person to detention; (c) Indirect amendments to the Foreign Workers Law 5761–1991 and the Employment of Workers by Labor Contractors Law 5766–1996.

On December 18, 2014 a petition filed by several NGOs, regarding the constitutionality of Amendment No. 5 was submitted to the High Court of Justice. The petition is still pending. (H.C.J. 8665/14 Assaf Aid Organization for Refugees and Asylum Seekers in Israel et. al. v. The Knesset et. al. (pending)).

The right to legal representation – On January 8, 2012, the Supreme Court accepted an appeal permission request by a defendant (a prisoner) to a separate conviction, on the grounds that a Public Defenderhad not been appointed for the defendant during the time of his petition to the District Court. The Supreme Court ordered that the Public Defender Office must represent the prisoner in his petition, and cancelled the District Court decision (M.A 8702/11 Roiter v. The State of Israel (8.1.12)).

Rights during an interrogation – On April 26, 2009, the High Court of Justice, in a panel of three judges headed by the former President Dorit Beinisch (retired), rejected a petition filed by the non-governmental organization, Public Committee Against Torture. The petition requested that the Court order the ISA to avoid from enchainment by handcuffs during interrogations and that the ISA establish rules regarding the use of restraint measures that do not cause pain or harm to interrogates, and rules regarding the frequency of the usage of such restraint measures. In its submissions to the Court, the State noted that when deciding whether or not to use enchainment, the ISA primarily considers the health situation of an interrogatee and whether the interrogatee is an elder, minor under 16, or female. Furthermore, the State explained that an ISA decision to handcuff an interrogatee during interrogation is only allowed following consideration of various factors, including any violent offences conducted by the interrogatee, his/her age and an assessment of the interrogatee’s threat to public security (including the interrogatee’s behavior during detention and in the interrogation room). The ISA confirmed that every individual complaint pertaining to mishandling of interrogatees is examined according to strict procedures by the Inspector for Complaints against ISA Interrogators and the Inspector’s Supervisor in the State Attorney’s Office.

Ultimately, given the existence of rules instructing whether restraint measures are required or not, the complaint procedure, and the general nature of the petition, the Court did not find it necessary to further examine the data submitted in support of the request to end all use of methods of enchainment. The Court noted that the ISA’s legal advisor reviews these methods, and therefore, based on all these reasons, the Court rejected the petition. (H.C.J. 5553/09 The Public Committee against Torture et. al. v. The Prime Minister et. al. (26.4.10)).

(v)Economic and social rights

In regards to fundamental Economic and Social rights protected in Israel, please see Israel’s initial Core Document (HRI/CORE/ISR/2008), page 48. In addition, below are several new developments within recent years, both in the legislative and judicial spheres, concerning the upholding of such rights.

Enforcement of the Minimum Wage Law – The Minimum Wage Law 5747–1987 was amended and strengthened several times. Its last amendment was approved by the Knesset in June 2011 through The Minimum Wage Law (Raising Minimum Wage Sums – Provisional Order) 5747–1987, in which minimum wage was set to 4,300 NIS (1,140 USD) starting from October 1, 2012 and until a higher minimum wage is set by the Minimum Wage Law. According to the Minimum Wage Law, the minimum wage is to be calculatedas 47.5% of the average wage (as determined by the National Insurance Institute Law (Consolidated Version) 5755–1995). In the explanatory notes to this amendment, it is stated that the Government’s aim at the time of legislating this provisional order was to continue raising the minimum wage gradually, eventually to reach 4,300 NIS (note, this is currently the minimum wage). This was to be done, however, without derogating from Section 4 of the Law which allows for further increases according to collective agreement, supplements etc. Note that there are lower sums of minimum wages for youth and persons with disabilities (respective to their lower working capacity).

The Law for Increased Enforcement of Labor Laws 5772–2011 was introduced with the aim of strengthening labor law enforcement. It does so by imposing additional administrative sanctions against employers in violation of their compulsory compliance obligations with regards to existing protective labor laws, including imposing personal liability on a company’s CEO for any non-compliance. The Law also specifically regulates service contracts with contractors in the security, cleaning, and catering professions, and places administrative fines and criminal sanctions on the recipients of the services of such contractors, the contractors of whom have not fulfilled their obligations towards their employees. This part of the amendment is to ensure that companies and organizations which outsource services such as cleaning, cafeteria or security services must ensure that — both on a contractual and a practical level — their service providers are acting in compliance with protective labor laws.

Extension Order for Comprehensive Pension Insurance in the Economy 5768–2007, in accordance with The Collective Agreements Law 5717–1957 – Until January 2008, there was no general obligation on employers in Israel to provide their employees with pension insurance. Any obligation of this kind stemmed from personal agreements between the employers and their employees or collective agreements and their extension orders. On January 1, 2008, the abovementioned Order came into effect requiring employers to give each and every employee a pension plan after six months of employment. In 2011 changes were made to the Order,one of key changes being the increase in the contribution rates required for both savings towards pension and savings towards severance pay. Until the approval of this Extension Order, the highest contribution rate was 15% (for pension saving – 5% by the employer and 5% by the employee and for severance pay – 5% by the employer). As of 2013, these rates were changed to a total of 17.5% (for pension saving – 6% by the employer and 5.5% by the employee and for severance pay – 6% by the employer).

The Employment by Service Contractors of Employees in Public Bodies in the Security and Cleaning Sectors Order 5773 – 2013 – This Order was signed by the Minister of Finance on September 1, 2013 in order to improve employment conditions for those employed by service contractors in public bodies in the security and cleaning fields. The Order provided for the following benefits:

Fulltime Employees in the cleaning field will be entitled to a monthly wage of 4,646.25 NIS (1,290 UDS), and a fulltime cleaning supervisor will be entitled to a monthly wage of 4,852.75 NIS (1,348 USD);

A cleaning contractor may pay, once a year, an excellence bonus to outstanding workers or to outstanding cleaning supervisors;

Allocations to a pension fund;

Every employee in the cleaning field shall be entitled to join an advanced study fund;

Subsidized meals at the workplace cafeteria (at work places with a cafeteria subsidized by the public body);

Every employee in the cleaning field shall be entitled to a holiday gift.

The Extension Order in the Cleaning Field 5774 – 2014 – Signed by the Minister of Economy on February 5, 2014, this Extension Order extends the applicability of the provisions of the key collective agreement that was signed in July 2013 between the Histadrut (the National Employees Union) and the Cleaning Companies’ Organization in Israel, to employees working as cleaners in the private sector. The signing of this Extension Order was a significant step towards further improvement of employment conditions for employees in the private sector working in this field. According to this Extension Order, the minimum wage of cleaners in the private sector was set above the formal minimum wage and will be raised periodically. In addition, from the second year of employment onwards, each worker will be entitled to an annual pay increase, equivalent of an hourly increment. Other benefits include:

Study fund for every employee, similar to the study fund of government employees, where the employer’s contributions will be 7.5% and the employee’s contributions will be 2.5% (starting from October 1, 2014, or otherwise when the employee commences working, whichever is the latter);

Increased employer’s contributions to the employee’s pension fund – the total of pension contributions, by both employees and employers, has increased to be 21.83% for cleaners in the private sector. This rate is expected to increase by another one percent starting from July 2015;

Fringe benefits in the workplace – the employees will receive a holiday gift twice a year with the cost of each gift being at least 212 NIS (60 USD);

Working clothes and equipment – the Order states that employers in the cleaning industry must provide, at their own expense, at least two sets of working clothes each year for their employees and that the employer is forbidden from demanding any deposit or payment for this purpose, or from deducting the cost of such items from the employees’ salary.

Association of Foreign Workers in Israel – The Histadrut Legislative Assembly confirmed on December 28, 2009 that foreign workers can be admitted as members with full and equal rights, as workers who are Israeli citizens or residents. In doing so, the Histadrut Legislative Assembly adopted the recommendation of its Executive Management and amended the relevant section in its Constitution to allow migrant workers to become full union members. Prior to this amendment, the Histadrut’s Constitution had allowed membership, but in a limited form – only to workers who were residents of Israel. The Assembly’s decision is compatible with the international conventions of the International Labor Organization (ILO) which have been ratified by the State of Israel. The Histadrut Legislative Assembly decision entered into force on March 1, 2010.

The right to form a trade union versus an employer ’ s right to freedom of expression – In a case of the National Labor Court in 2013, the Court was required to consider the possible contradiction between employees’ right to hold discussions prior to the formal establishment of a workers’ union, and the employer’s right to freedom of expression in instances where it may try to foil such discussions and union organization.

The Court held that the right to form a workers’ union is the concern of the employees only; that the discussions regarding organization of a union as between the workers, or between the workers and another existing trade union, whether to organize or not, are out of bounds in regard to the employer. According to the Court, the employer should distance him/herself from interfering in workers organizing themselves, in every step in the employment relations. The employees alone should decide whether they would prefer to have individualized working relations with their employer or rather interact with their employer through a trade union, and if the latter, through which trade union. The Court held that the employer is not a party to these choices even if it is of the opinion that the business will suffer economic or other damage as a result of the worker organization. The Court further held that in light of the inherent power gaps between the two sides, during initial discussions and prior to the trade union establishment, the employees’ right to organize a trade union shall override an employer’s right to freedom of expression.

The Court further held that in the absence of a representative trade union in a particular workplace, the inherent power differences between employer and employees are exacerbated, particularly when employers make statements against attempts by its employees to unionize themselves. The Court therefore elaborated that if the employer objects to the initial organization by its workers, the employee’s provision of such a position concerning the organization, its consequences on the workplace, and employee benefits or withholding of such benefits – is presumed by the Court to amount to pressure, threat, coercion and unfair influence over the employees. The Court concluded that, whilst still taking into consideration the particular circumstances of the case, in light of this preemption, the Court must examine the parameters of the employer’s freedom of expression relating to its employees’ establishing of a union vary narrowly. (La.C.A.25476–09–12, The New National Workers ’ Trade Union (Histadrut) v. Pelephone Communications L.T.D. (2.1.13)).

The right to strike – The 2012 case of Mikud Protection and Security L.T.D. v. The National Labor Union concerned the Mikud company’s winning of a State tender to provide security services for Government Ministers and their homes. As part of this government contract, the Mikud Company was responsible for employing security guards for the respective Ministers (which included having personal contracts between the Company and each guard), whilst the State was responsible for the guards’ training and ultimate instruction. Being employees of the private human resources contractor, the Ministers’ security guards were unionized as part of the National Labor Union which, according to a 2012 determination of the Regional Labor Court, is their representative union organization. In the process of securing of the government contract between the State and Mikud, the National Labor Union and the Company held various negotiations to discuss the standard terms of employment for these security guards, with a view to eventually conclude a collective agreement between the National Labor Union and the Company.

On February 27, 2012, following the failure of these negotiations, the National Labor Union declared a labor dispute and an intention to take strike action or a stoppage of work of these guards, as required under Section 5 and 5A of the Settlement of Labor Disputes Law 5717–1957. Following a request by Mikud to the Court to prevent the work stoppage, the Tel Aviv – Jaffa Regional Labor Court issued a temporary injunction against the strike and ordered that the matter be transferred to the Jerusalem District Labor Court. On June 4, 2012, the Jerusalem District Labor Court lifted the injunction and allowed the continuation of the work stoppage. Mikud appealed this decision to the National Labor Court which ultimately held that the strike called for by the National Labor Union regarding the guards’ interests was “legitimate, permissible and proportional”.

The Court noted that prior to the guards’ employment with the private company, they had been employed by the Israeli Security Agency (ISA), at which time they had been prohibited from unionizing and striking. However, “when the guards were transferred for employment as part of private companies giving services to the State” a new right to strike arose in favor of these guards. The National Labor Court held that in this situation where governmental services were contracted out to a private contractor, the Ministers’ guards are not subject to any prohibition with regard to their organizational structure, including the exercising of their basic constitutional right to strike. (La.C.A 8299 – 06 – 12, Mikud Protection and Security L.T.D. v. The National Labor Union (24.6.12)).

Collective resignation – On August 4, 2011, hundreds of physicians submitted letters of resignation to the managements of the public hospitals where they worked; hospitals owned by the State and one of National Health Funds, Clalit. On September 2, the State and Clalit Health Fund filed an urgent petition requesting preliminary and permanent orders to prevent the collective resignation of these physicians. The State argued that in the specific circumstances, the collective resignation of these physicians did not fall within the exercise of the employee’s personal right to resign, since the letters of resignation did not meet the legal requirements. The State further argued that collective resignation is an organizational measure contrary to the Israeli Medical Association’s (IMA) instruction, the IMA being the sole representative organization for physicians. Hence, the State contended that this collective resolution constituted a “disguised strike” whose purpose was to influence salary and working conditions which had already been agreed upon in a collective agreement, following previous negotiations between the physicians’ representative organisation, IMA, and the State and Clalit. According to the State, the labor disruptions which the physicians initiated through their resignations were not declared by their representative organization and consequently no lawful notice had been given. The State argued that in these circumstances, the implementation of a collective resignation essentially constituted participation in an illegal and unprotected “wild strike”, within the meaning of the Settlement of Labor Disputes Law 5717–1957.

During the proceedings, the “Mirsham” Association, requested to join the hearing claiming its members include young physicians and medical interns who, allegedly, had been misrepresented during the negotiations for the collective agreement. The Court did not allow the Association to join the case as an additional party, however it did allow the Association’s attorney to present claims to the Court. The Association argued that these were personal letters of resignation and so consequently were valid. The Association further claimed that this action was not a collective resignation or the exertion of illegitimate pressure during the negotiation process. Rather their resignation was carried out with full respect for the law and by giving 30 days’ notice as required by law.

Ultimately, the National Labor Court issued a declaratory order which stated that the physicians’ collective resignation was an illegal organizational measure and the submitted “letters of resignation” were null and void. In addition, the Court prohibited the physicians from taking any organizational measure which amounted to a breach of the undertaking in the clauses of the collective agreement relating to the termination of disputes, exhaustion of claims and the undertaking for ensuring industrial quiet. The Court concluded that any future implementation of such measures would be deemed as being participation in an “illegal and unprotected strike”, with all the consequential legal ramifications thereof. (G.C.D. 722 – 09 – 11, The State of Israel – The Ministries of Health and Finance et. al. v. Israeli Medical Association (IMA) et. al. (4.9.11)).

(vi)The Ombudsman (Public Complaints Commissioner)

Please see Israel’s initial Core Document (HRI/CORE/ISR/2008), page 52.

(vii)The Commission for Equal Employment Opportunities

Please see Israel’s initial Core Document (HRI/CORE/ISR/2008), page 52.

(viii)The Commission for Equal Rights for People with Disabilities

Please see Israel’s initial Core Document (HRI/CORE/ISR/2008), page 52.

(ix)The Authority for the Advancement of the Status of Women

Please see Israel’s initial Core Document (HRI/CORE/ISR/2008), page 53.

(x)Ombudsman of the Ministry of Health

Please see Israel’s initial Core Document (HRI/CORE/ISR/2008), page 53.

(xi)The National Council for the Child

Please see Israel’s initial Core Document (HRI/CORE/ISR/2008), page 53.

(xii)Military Ombudsman

Please see Israel’s initial Core Document (HRI/CORE/ISR/2008), page 53.

(xiii)The Department for the Investigation of Police Officers (DIPO)

Please see Israel’s initial Core Document (HRI/CORE/ISR/2008), page 53.

2.Equality before the law

Equality before the law is a basic tenet of Israel’s legal system. The law applies not only to private people and to legal entities but also to every public authority. The courts are open and accessible to every person who believes that his/her rights have been infringed upon. More so, every person has the right to be represented in criminal procedures taking place against him/her.

The Public Defender’s Office (PDO) was established in 1995, in order to provide high quality professional legal representation to suspects, defendants, detainees and convicted persons in criminal proceedings. The PDO has an important constitutional role in safeguarding fair process and equality before the law in the adversary legal system in Israel. The right to be represented by the PDO is defined by law and depends, among various factors, on the severity of the offence, the economic status of the person requesting the service and on further characteristics. The PDO employs 220 internal lawyers and about 800 additional independent lawyers in its five districts throughout the country. The PDO represent more than 50% of the defendants in criminal cases in District Courts and about 60% of the defendants in criminal cases in Magistrate Courts. In youth courts, the rate is even higher, at about 80%, due to the important focus on providing legal counsel to minors in criminal proceedings. In addition, the PDO represents about 70% of all the defendants in hearings concerning police petitions for the extension of detention for purposes of investigation, and approximately 80% of the defendants against whom an arrest until the end of proceedings has been requested.

3.Raising human rights awareness among public officials and other professionals

The Institute of Legal Training for Attorneys and Legal Advisers in the Ministry of Justice (the “Institute”) – This legal training institute conducts many seminars, courses and vocational training days in order to raise their awareness to human rights issues. These training sessions have been attended by hundreds of legal practitioners throughout the country over a number of years. The previous training sessions have focused on the following issues: equality before the law (October 2013 and October 2014), women and justice (March 20, 2014), The fight against racism and prevention of discrimination (January 30, 2014), human rights in international law (December 2010, December 2011, December 2012, November 2013), status of asylum seekers and refugees in Israel (June 2009), trafficking in persons (October 2009, March 2010, October 2013), workers’ rights and personal status (June 2013), social rights (September 2009 and February 2013), freedom of speech versus incitement, women’s rights (January 2013), domestic violence and sex crimes (March 2010 and November 2012), equal rights for persons with disabilities (October 2010 and October 2012), children’s rights (February 2008, March and December 2010), crime victims’ rights (October 2010) and enforcement of international law (February 2009).

The Institute of Advanced Judicial Studies – The Institute of Advanced Judicial Studies also holds lectures, seminars and courses on various human rights issues, except specifically for judges of all instances. An non-exhaustive list of seminars run by the Institute includes:

“Israeli Arabs – Culture and Customs” (four-day seminar, May 2009); “Equality and Discrimination” chaired by Professor Daphna Barak-Erez (December 2010); Labor laws (Three-day seminar, February 2011); specialized training for judges of Youth Courts (Three-day seminar, March 2011); Immigration and Refugee law (Three-day seminar, September 2011); Children’s Rights and Rights of Persons with Mental Disability.

In 2014, the Institute offered various seminars including those entitled “Immigrants and Immigration Laws”, “Presiding over cases of Sexual Offences”, “Trafficking in Persons” and “Equality and Discrimination”.

Training of Israel’s security forces

The Police

The Police Education and Information Section operates educational programs for police officers to ensure that important values such as tolerance within a multicultural society, elimination of prejudice and values contained in the relevant human rights conventions are constantly incorporated into their daily work.

The educational programs are run both on special educational workshop days and generally within the overall police training framework that includes seminars and courses. In the last few years, special emphasis is given to the training of police commanders in all levels, since they are in the best position to influence their subordinates.

The Police School for Investigation and Intelligence incorporates into the training of investigators and investigation officers the main provisions of the relevant human rights conventions and humanitarian law regarding procedures, basic flaws and investigation ethics, including “right and wrong” behaviors.

Police representatives also attend various international seminars and conferences abroad on various human rights issues, such as trafficking in persons, in order to advance international and regional co-operation about how to better address these problems. The Israeli Police has representatives stationed abroad who are in contact and regularly cooperate with similar counterparts worldwide, including with Interpol.

ISA – Israel Security Agency

ISA interrogators are taught in detail about the relevant human rights conventions, including their direct implications in the unique Israeli context. This is done through specialized seminars, both during preliminary and ongoing ISA training, which aim to instill the importance of principles of human dignity and fundamental human rights, together with the upholding of the rule of law and practices stipulated by the courts.

Similarly in 2013, the Legal Department and essential personnel of the ISA also underwent specific training on international law, including the core human rights conventions and the work of the human rights treaty bodies.

IDF – Israel Defense Forces

The School for Military Law holds a variety of training activities for IDF forces regarding human rights and humanitarian law. These activities include lectures, use of learning aids such as computer programs and comprehensive written materials.

Every year, hundreds of lectures are given to IDF soldiers both in mandatory and reserve service. The School for Military Law runs a variety of training activities for IDF forces regarding human rights and humanitarian law, including as lectures and specialized computer programs.

Lectures are attended by combat forces, cadets of officers’ courses, commanders of different levels throughout the army, military police investigators, security analysts and medical care personnel in detention facilities. The training specifically places an emphasis on issues concerning arrest and detention practices, detainee’s rights, international humanitarian law and rules of conduct during an armed conflict.

IPS – Israel Prison Service

The IPS officers and wardens undergo regular training through courses held in the School for IPS Officers and Wardens, as well as in their respective units. Training regarding the relevant human rights conventions is an integral part of the general IPS training for all rankings; with more specific courses also given to officers and wardens. This training includes topics such as prevention of the use of force, ethics in the warden’s work, and values of the rights and liberties of the prisoner. These issues are also routinely addressed during training and guidance of other general staff members of the prisons. Additionally, specific ethics and values workshops are also held for the senior command staff in the prisons.

In the recent years, there have also been workshops conducted for all staff members at the “Saharonim” and the “Givon” detention facilities regarding identification of, and sensitivity required for, victims of trafficking in persons.

C.Information, publication and promotion of human rights

1.Promotion of human rights awareness through mass media

Israel’s main national television channels often broadcast interviews, news broadcasts, and documentary programs about, or containing awareness of, human rights issues both domestically and abroad. Similar broadcasting is also done by local television stations. The types of human rights issues generally broadcasted include those pertaining to personal human rights stories – rights of persons with disabilities; children at risk; status, equality and protection of women in society; trafficking in persons; rights of foreign workers, and minorities. Additionally, both national and local television channels regularly advertise information regarding access to relevant help centers.

Israeli mainstream radio (both national and local stations) also deals with various human rights issues through interviews, talk-back shows and other relevant broadcastings, either specifically focused on such topics or incidentally broadcasting about them. The radio stations again bring important information regarding access to various help centers for victims of human rights abuse. There also exists several radio stations in Arabic (one example being “Kol Israel in Arabic”) for the benefit of the Arab population in Israel, which too deal with human rights issues.

Israeli newspapers and Internet news sites also regularly publicize news articles on a range of human rights issues. Additional information regarding different help centers for victims of violations of human rights of can be found on some of these sites.

Amendment No. 49 of 2011 to the Communications Law (Bezeq and Broadcasting) 5742–1982 determines that an Internet provider must inform its subscribers of any harmful Internet sites including those that display sexual intercourse containing violence, abuse, contempt, humiliation or exploitation; sites containing images or ability to engage in sexual intercourse with a minor or a person presented as a minor; sites that display a person or bodily organ as an object available for sexual use; or all of the above when there is no artistic, scientific, news, educational or explanatory justification for such presentation, and also gambling sites, sites of racial or nationalistic incitement, sites that present violent games and additional threats that stem from using the Internet. According to this amendment an Internet provider is required by law to provide its subscribers with information about how to protect themselves from such harmful content (including via technological means), and to provide such services to any subscriber who has requested such Internet protection (Section 4I).

According to Amendment No. 51 of 2011 to the Communications Law, drafted and adopted to promote greater integration of the Ethiopian population in the Israeli society, an annual budget of 4.8 Million NIS (1.38 Million USD) was prescribed to encourage local Israeli-made productions for television channels) in Amharic for the local Ethiopian population. In allocating this budget, the relevant Council will examine among others, the following points: that the majority of the production’s creators, performers and crew are permanent Israeli residents of the Ethiopian population; that the program was produced for Israeli audience in Amharic or Tigrinya. The program itself is required to presents either accomplishments of the Ethiopian population in Israel, or the Ethiopian population’s culture and heritage, or provides information in Amharic on the Israeli history and culture, etc. (Section 6F2).

For additional information regarding the Rules of Media (Bezeq and Broadcasting) (Owner of Broadcasting License) 5748–1987, and the Classification, Marking and Prohibition of Harmful Broadcasting Law, 5761–2001, please see Israel’s initial Core Document (HRI/CORE/ISR/2008), page 60.

2.Promotion of human rights awareness through educational programs

The Basic Laws, including those encapsulating the protection of basic human rights, are an integral part of the Israeli educational system. They are taught as part of the required curriculum of all schoolchildren and are a mandatory part of final high school exams.

In all law schools, constitutional law, which details the legislative and institutional legal protection of human rights, is a mandatory course; as is international law in most institutions, which covers the subject of human rights law.

School educational programs concerning human rights issues are routinely conducted throughout the country. For instance, Israel has developed a special program which is taught in relation to the annual “Human Rights Day”. Each year a relevant curriculum and teaching materials are developed in both Arabic and Hebrew, which focuses on a specific human right topic chosen for that year’s curriculum. For example, in 2013, the chosen topic was “the Right to Equality”, which focused on a number of subsidiary notions including: equality as being the basis for enjoyment of other rights; the specific importance of equality in a society such as Israel which is composed of many diverse populations and groups; equality in both law and practice; and the dangers posed by racism and discrimination particularly in relation to their effect on someone’s enjoyment of equality in society. In 2012, the chosen topic was “the Right to Privacy in the Age of Technology”, which focused on threats to one’s right to privacy, in light of the vast amounts of private information stored on electronic databases. The curriculum sought to emphasize the need to balance between various competing interests, including the right to privacy in our present age.

3.Promotion of human rights awareness through public exposure

Please see Israel’s initial Core Document (HRI/CORE/ISR/2008), page 61.

All of the human rights conventions and protocols to which Israel is a party can be found on the website of the Ministry of Justice in Hebrew, English and Arabic. Additionally, the full body of Israel’s compliance work with human rights treaty bodies (including reports, list of issues, replies, concluding observations, etc.) can also be found on the website of the Ministry of Justice.

In 2012, the entire collection of recent concluding observations relating to Israel by all the human rights committees were translated into Hebrew and published on the Ministry of Justice website. Where available, links to the United Nations translation into Arabic of those concluding observations have also been published.

In 2012, Israel began the translation into Hebrew of its various periodic reports to the United Nations human rights committees and these will also be presented on the Ministry of Justice website gradually.

The Ministry of Education has also published on its official website, the Hebrew translation of the Convention on the Rights of the Child (CRC), as well as its child-friendly version and the text of the CRC Optional Protocols that Israel ratified. The Ministry’s website also contains translations of the Convention in 58 languages and its child-friendly version additionally in 13 languages. The Ministry’s website also has posters regarding the Convention and its articles in Hebrew, English, Arabic and Russian. To raise further awareness of this important Convention, the Ministry’s website also publishes additional international documents and treaties, including the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights (ICCPR), the Convention on the Rights of Persons with Disabilities (CRPD), Israel’s last periodic report to the Committee on the Rights of the Child (Hebrew and Arabic) and others.

D.Reporting process at the national level

1.Preparation of treaty-specific periodic reports

Please see Israel’s initial Core Document (HRI/CORE/ISR/2008), page 61.

Cooperation with civil society in the preparations of periodic reports

Prior to commencing the drafting of a periodic report, the previous report, the report of the Committee session, concluding observations and general comments issued by the Committee since the last report was submitted are all reviewed in detail. Additionally, letters are sent to all relevant Ministries and Governmental bodies, as well as to the relevant leading NGOs, inviting them to submit comments prior to the compilation of the next report. In addition to direct letters being sent, a general invitation calling for comments is also posted on the Ministry of Justice website, to which NGOs may also submit their remarks. Civil society contributions are given substantial consideration during the drafting of a report. In addition, the Ministry of Justice actively seeks data and information on the websites of the relevant NGOs, including information regarding any legal action taken by those NGOs, as well as opinions and reports covering various issues.

Israel is making genuine efforts to further involve civil society in the process of articulating its periodic reports to all the human rights committees. Since 2012, the Ministries of Justice and Foreign Affairs have been participating in a project initiated by the Minerva Center for Human Rights at the Hebrew University of Jerusalem Faculty of Law, which aims to improve the cooperation between State authorities and civil society organizations with regards to the reporting process to the United Nations human rights treaty bodies.

This innovative project is the first of its kind in Israel. The first stage of the project entailed creating a joint forum, which was attended by representatives of various ministries, representatives of civil society organizations and scholars. The forum continues to conduct an ongoing symposium in order to improve the cooperation between the parties in composing the State reports that are submitted to these various international committees. The second stage includes inviting civil society organizations which are participating in the project, to provide comments on a draft report prior to its submission to the respective committee.

The ultimate goal of this project is to enhance the cooperation between the parties for implementing the human rights conventions in Israel in the best possible manner.

The first periodic report that was chosen for this project was the fourth periodic report by the State of Israel under the ICCPR to the Human Rights Committee.

2. Other information regarding promotion of human rights awareness

NGOs are an important factor with regard to raising awareness for human rights issues. In order to promote a variety of important social issues, such as civil liberties, social justice, minority rights, cultural education, equality for persons with disabilities and fighting trafficking in persons, an ongoing dialogue is taking place on a regular basis between the State and hundreds of different NGOs. Several NGOs in Israel have also formed educational programs aimed at educating people (including government officials) and communities in Israel on these various social issues.

The following are a selection of 24 leading NGOs in Israel, including their purposes and key activities as based on information obtained from their websites:

(i)Adalah: The Legal Center for Arab Minority Rights in Israel – uses methods of litigation, legal interventions and appeals to international media and legal institutions, in order to advance its platform of protecting human rights of Arab in Israel. Adalah addresses issues, including those related to land, socio-economic, cultural, civil and political rights of Israeli Arabs, which it sees as precursors required for co-existence within a bi-national state.

(ii)Adam Teva V ’ Din – “Israel Union for Environmental Defense” is an environmental advocacy organization. The organization, made up of predominately environmental lawyers, uses litigation to enforce domestic and international environmental laws and protection. Adam Teva V’Din is also involved in the development of environmental legislation, and routinely works with the Knesset to provide data and guidance.

(iii)Awareness Institute – focuses on the study of prostitution and trafficking in women, and includes the presenting of lectures on range of issues in the field of trafficking in persons. Lectures are given to a varied audience including teenagers, students and local authority workers.

(iv)Bimkom: Planners for Planning Rights – is a non-profit organization formed in 1999 by a group of planners and architects, in order to strengthen democracy and human rights in the field of planning. The association compiles reports and conducts some advocacy to tie planning to social justice. Its projects have included suggestions for urban renewal, for Bedouin village planning, and comments on planning in Area C in the West Bank and in the eastern neighborhoods of Jerusalem.

(v)BIZCHUT: The Israel Human Rights Center for People with Disabilities – a leading NGO that focuses on the social integration of individuals with physical and mental disabilities. Bizchut provides legal representation, operates hotlines in Hebrew and Arabic for such individuals, and leads training and educational programs. The organization was actively involved in drafting the Convention on the Rights of Persons with Disabilities (CRPD).

(vi)Blue and White Human Rights Organization – operates for the monitoring and supervision on IDF moral code mainly in checkpoints in the West Bank. The organization aims at improving areas of friction between IDF soldiers and the local population, inter alia by maintaining constant contact with the IDF and the Civil Administration and reporting cases of misconduct by IDF soldiers.

(vii)Hotline for Refugees and Migrants – provides support in nine different languagesto migrants, refugees and victims of human trafficking. The Hotline engages in public education, crisis intervention and litigation to increase understanding and improve the situation of these vulnerable communities. Since 2001, the Hotline has conducted seminars and field tours on these issues; the seminars being given to a varied public including to high-school pupils, teaching staff, soldiers, among others.

(viii)Ir Amim – is an organization committed to an “equitable and stable” Jerusalem, home to all citizens regardless of their social or religious identification. The group aims to be a public resource and inter-community collaboration forum, offering study tours of Jerusalem’s political issues, orchestrating media campaigns and creating films of life in Jerusalem.

(ix)Israel Religious Action Center (IRAC) – operates to advance pluralism in Israeli society and to protect and defend the human rights of all Israeli citizens, especially rights related to freedoms of conscience, faith and religion. IRAC has also worked on specific issues such as gender segregation on public buses – and advocates for defense of, and provides support to, other human rights organizations in Israel.

(x)Jerusalem Open House for Pride and Tolerance (JOH) – is an activist center that provides a safe haven and direct services to persons of the LGBTQ community in Jerusalem and its surrounding communities. The JOH also has national-level presence, including producing “pride parades” and advocating for a LGBTQ Bill of Rights which includes a push for changes in Israeli family laws, gender classification and healthcare practices.

(xi)Mossawa Center: The Advocacy Center for Arab Citizens in Israel – promotes economic, social, cultural and political rights of Arab citizens in Israel, and social recognition of this multifaceted community. In addition to advocacy against discrimination, the Mossawa Center also mobilizes youth engagement and capacity building for local Arab civil society.

(xii)Negev Coexistence Forum for Civil Equality (NCF) – is a joint Jewish-Arab organization focused on issues specifically affecting the Negev region in southern Israel. NCF’s principal focus is the monitoring the Israeli Government interaction with Arab Bedouin citizens of the Negev, especially related to governmental regulation of the Bedouin Diaspora. The Forum also operates one of the Arab-Jewish cultural and political exchange centers, the Multaka-Mifgash Center for Arab-Jewish Understanding.

(xiii)Physicians for Human Rights – Israel (PHR-Israel) – is the local branch of the PHR international organization. The organization strives to promote a fairer and more inclusive society in which the right to health is applied equally to all inhabitants. PHR-Israel argues for pre-requisite conditions to health care rights and services, including clean water, modern sanitary conditions and proper nutrition, adequate housing, education and employment opportunities, and protection from violence. PHR-Israel operates clinics and provides assistance to individuals to ensure protection of their various health and human rights. The organization also engages in public debate on health-related issues, including offering criticism of, and suggestions to, Israeli governmental policies.

(xiv)Tebeka: Justice and Equality for Ethiopian Israelis – is a legal rights organization working towards social mobility and integration of Israel’s Ethiopian community. Tebeka engages in impact litigation, legal aid and policy initiatives to increase the availability of educational and vocational opportunities to Ethiopian Israelis. Tebeka’s extensive educational initiatives include community awareness workshops, youth outreach and a radio show aired in Hebrew and Amharic.

(xv)The Association for Civil Rights in Israel (ACRI) – monitors human rights and civil liberties within Israel. ACRI creates Hebrew and Arabic educational materials, conducts domestic public outreach and education activities, and engages in international advocacy on human rights issues. The organization also assists with impact litigation on a variety of issues, including freedom of expression, the right to privacy, gender and sexuality rights, and equality for minority populations.

(xvi)The Israel National Council for the Child (NCC) – is one of the key NGOs concerned with advocacy for children’s rights and well-being. Unaffiliated with any particular social group of Israeli society, the NCC considers all minors in Israel, to fall under their protective umbrella – regardless of their nationality, religion or socio-economic situation. The NCC provides data, supports protective legislation, and sponsors educational programs and social initiatives throughout the country.

(xvii)The Israel Women ’ s Network (IWN) – is committed to advancing the status of all women in Israel, regardless of race, religion or socio-economic background. Involved with impact litigation, IWN has affected practical change to maternity rights, labor conditions and employment disputes specifically affecting women. Recognized domestically for its work by the prestigious President’s Award, IWN also holds consultative status with the United Nations Economic and Social Council.

(xviii)The Israeli Committee Against House Demolitions (ICAHD) – is a human rights organization that specifically focuses on the State of Israel’s policy of demolishing Palestinian homes. ICAHD creates and maintains a repository of press releases, reports, maps and videos that promulgate their political message. The organization also arranges field tours for private parties.

(x)The Legal Forum for Israel – is operating for the protection of human rights, protection of governance and of Israel’s and the Jewish people national interests. This Forum employs lawyers, jurists, economists and students which provide legal assistance in several fields, including: international department, economic departments and consumers department. The Forum also issues opinions and position papers to decision makers, petition on various issues to the High Court of Justice and participate in Knesset discussions and other public debates.

(xx)The Mizrahi Democratic Rainbow: New Discourse – is an apolitical, non-parliamentary, social movement of Israeli Jews of Middle Eastern descent, which has a goal of bringing social change to Israeli society and to its institutions. Given a shared cultural heritage with Arab communities in Israel, the Mizrahi Democratic Rainbow serves as a forum for social collaboration, for example by hosting art exhibitions consisting of both Mizrahi and Arab artists. Active also in land, employment and educational issues, the group organizes conferences, produces media items and hosts performances which are in line with its multicultural and social justice focus.

(xxi)The Movement for Quality Government in Israel (MQG) – promotes the accountability of public officials and the rule of law, through its work of filing petitions to the Supreme Court, public disclosure of unethical behavior, provision of legal aid to whistleblowers, and the sponsoring of an annual “Quality Government Day”. The MQG also runs a legal hotline to provide services for citizens affected by improper government conduct.

(xxii)The Public Committee Against Torture in Israel (PCATI) – monitors the interrogations and law enforcement activities of the State to ensure that they are in line with the principles of Israeli and international law. As part of its extensive legal work, PCATI has submitted petitions to the High Court of Justice and collaborated on reports to international audiences, including to the United Nations. The Organization also provides additional activities including running lectures and exhibitions.

(xxiii)Woman to Woman – Haifa Feminist Center – is an association operating for combatting discrimination, violence and oppression against women. The Centre offers year-round activities that include: conventions, seminars, lectures and provision of information in the field of women’s rights, trafficking in women and combatting violence against women. These are all provided to a varied audience including to police personnel, lawyers, local authority officials, social workers in hospitals and students.

(xxiv)Worker ’ s Hotline – aims at protecting the rights of disadvantaged workers in Israel. The Hotline’s targeted groups include asylum seekers, foreign laborers, Palestinian workers as well as any mistreated Israeli workers. Addressing both individual grievances and systematic violations, the Hotline provides telephone consultation (including offering legal services) and also produces reports addressing the various issues of its platform.