Concluding Comments of the CEDAW Committee
COMMITTEE ON THE ELIMINATION OF DISCRIMINATION AGAINST
WOMEN
Seventeenth Session, July 1997
CONSIDERATION OF REPORTS SUBMITTED BY STATES
PARTIES
Introduction
1. The
Committee thanked the State party for its very comprehensive and frank report
which dealt with all the articles of the Convention from both the juridical and
sociological perspectives. It also appreciated the high level of the delegation
and complimented the representative of the State party for her lucid
presentation.
2.
The Committee appreciated the fact that the report was submitted on time and
followed the Committee’s guidelines.
3.
The Committee was pleased that non-governmental organizations had been given an
opportunity to consider the report and that they were able to submit
supplementary reports.
4. The
Committee was disturbed that all the questions put forward by members to the
representatives of Israel were not responded to in the Government’s written
answers. The Committee is of the view that response to all the questions would
have clarified issues and problems.
Factors
and Difficulties Affecting the Implementation of the Convention
5.
The Committee considered the fact that no basic law embodies the principle of
equality or prohibits discrimination hindered the implementation of the
Convention.
6. The
Committee regretted the fact that Israel has maintained its reservations to
articles 7 (b) and 16 of the Convention. It also regretted the fact that women
cannot become religious judges and that the religious laws that govern family
relations to a large degree discriminate against women.
7. The
Committee considered that the persistence of conflict and violence hinders
implementation of the Convention. Moreover, as a consequence of the ongoing
conflict, power is concentrated in the armed forces. Women who are not
represented in senior leadership in the armed forces are discriminated against
and their perspective on peacekeeping and their negotiation skills are not
utilized.
Positive
Aspects
8.
The Committee commended the fact that Israel has developed progressive
legislation, as well as comprehensive programs on violence against women and
equal employment opportunities.
9.
Although equality is not part of the basic law of Israel, the Committee
commended the fact that the Supreme Court can give effect to the principle of
equality in its judgments.
10.
The Committee noted with satisfaction that most Israeli women have a high level
of education, especially at the tertiary level.
11.
The Committee commended the very extensive analysis of women in the media and
the programs to reorient society against stereotypical images of women.
12.
The Committee commended the existence compulsory National Health Insurance Law
of 1995 which guarantees universal access to health care to all
communities.
Principal
Areas of Concern
13. The
Committee noted with concern that the Government has not yet formulated an
overall plan or measures to implement the Convention and the Beijing Platform
for Action.
14. The
Committee is very concerned that there is no specific governmental machinery
responsible for promoting and coordinating policies for women.
15. The
Committee noted with concern that non-Jewish women have worse living conditions
than Jewish women. They receive a lower level of education, participate less in
the government service and occupy limited decision-making posts.
16.
The Committee was also concerned that non-Jewish women enjoy poorer health,
resulting in very high maternal and infant mortality rates. There are also fewer
employment opportunities available to them.
17. The
Committee was concerned that there are still instances of polygamy, forced
marriage and genital mutilation, as well as “honor killings”.
18. The
Committee noted with concern that a very low percentage of women occupy
political decision-making posts and that this situation has barely changed over
the years.
19.
The Committee was concerned that a marked disparity exists between the average
earning of women and men in many sectors and that women are also
disproportionately represented in part-time employment.
20.
The Committee was concerned that many more women than men work in the informal
sector and perform unpaid work thereby prospectively limiting their access to
benefits associated with the formal sector.
21.
The Committee noted with concern that the public health system allocates
considerable resources to in vitro fertilization, yet contraceptive are
not free of charge.
22.
The Committee was concerned that a large number of women are arrested for
prostitution. The Committee was likewise concerned with the large number of
advertisements for sex services in daily newspapers which contributed
significantly to the spread of prostitution.
23. The
Committee was concerned that despite the existing legislation, cases of violence
against women still occur frequently, due in large measure to traditional ideas
of the roles of women and negative societal attitudes towards the problem of
violence against women.
Suggestions
and Recommendations
24.
The Committee recommends that the Government of Israel should ensure that the
Convention is implemented throughout the territory under its jurisdiction.
25. The
Committee recommends that the Government should adopt an overall plan for the
implementation of the convention and the Beijing platform through specific
measures and within a definite time-frame.
26. The
Committee recommends that the right to equality and the prohibition of both
direct and indirect discrimination against women should be reflected in a basic
law.
27. The
Committee suggests that in order to guarantee the same rights in marriage and
family relations in Israel and to comply fully with the Convention, the
Government should complete the secularization of the relevant legislation, place
it under the jurisdiction of the civil courts and withdraw its reservations to
the Convention.
28. The
preamble of the Convention states that full development and the cause of peace
require the maximum participation of women on equal terms with men in all
fields. The committee thus recommends that all necessary measures be taken with
the full participation of women, Jewish, Christian, Muslim and Druze alike. This
is necessary to create an environment where women may enjoy their rights fully
and where equality of opportunities in economic and social development,
especially of rural women can be assured.
29. The
Committee looks forward to the adoption of the bill creating the governmental
machinery to be know as the “Authority on the status of Women” and hopes that
this machinery will be given sufficient resources to carry out its work.
30. The
Committee recommends that measures to guarantee the exercise of human rights of
non-Jewish women, including those living in the rural areas, particularly in
relation to health, education and employment should be intensified. Special
measures should be taken to close the gap between Arab and Jewish schools and
address higher drop-out rates of Arab and Bedouin girls. Adequate resources
should be allocated for school facilities and education opportunities, including
scholarships. Further, the participation of Arab women in the civil service and
in decision-making posts should be increased.
31. The
Committee recommends that Government strengthen its efforts and expand its
actions to eliminate violence against women, especially violence within the
family, in all communities.
32. The
Committee strongly suggests that the Government of Israel take necessary steps
to eliminate practices which cannot be justified on any grounds, such as forced
marriages, female genital mutilation, crimes of honour and polygamy.
33. The
Committee recommends that satellite accounts should be used to evaluate the
value of unpaid work and incorporate these into the national accounts.
34. The
Committee recommends that some of the resources allocated to the treatment of
infertility should be used to study its causes and its prevention.
35.
The Committee recommends that public health services provide free and accessible
contraceptives.
36. The
Committee requests that the Government of Israel address the following issues in
its next report: the status of disabled women; how indirect discrimination in
the workplace is dealt with; the leave entitlement of mothers and fathers for
the birth of a child or when they have young children, and the actual use made
of such entitlement; the impact on the social roles of women and men of
programmes aimed at changing stereotypes; programmes for gender sensitization of
the judiciary, police and health professionals; financial support provided by
Government for all NGOs in the territory of Israel.
37. The
Committee requested wide dissemination of these concluding comments in Israel so
as to make individuals aware of the steps that had been taken to ensure de
facto equality for women and the further steps that are required in this
regard.