The Women's Equal Rights Law of Israel (1951) was a law passed in the Knesset of Israel in 1951. The Law was made shortly following Israeli Declaration of Independence and has been a source of both praise and criticism by feminists and men alike. It should be noted that while the term “equal” is used it is not understood the same as the term “equal” would be in the American sense of the word. The Israeli use of the term equal implies according to feminist intellectual Catherine MacKinnon the “Aristotelian notion that equality entails the treatment of likes alike and un-likes differently in accordance with their unlikeness”. This is known as substantive equality known in gender studies circles as "Equal treatment/special treatment" equal opportunity This archaic interpretation of equality is at the heart of modern Israeli thought on gender equality. It was what made possible the restrictive laws prohibiting women from entering combat positions in the Israeli Defense Forces. This line of thinking was also implemented when Israel created the Women's Corps Women's Affairs advisor as a separate unit. The Women's Corps divided soldiers not on their technical skills or occupation (artillery, medic, infantry) but by their gender instead.
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Origins
The origins for the Israeli statute 5711-1951 can be found in the Israeli Declaration of Independence. The Declaration of Israeli Independence is not a binding legal document, and can only express intent. The Declaration says “The State of Israel will maintain complete equality in social and political rights for all citizens, irrespective of religion, race or sex”. This could be seen as Israel’s first mention of sexual equality in their law system. Israel was one of the first countries in the world to include “sex” in anti-discrimination policy.
Law 5711-1951: Objective
To set principles for the compliance of the utmost equality between women and men, in the standard set by the Declaration of Independence.
Content
The major tenets of the law consist of trying to set a basis of equality between both men and women in Israel.
This though has been repealed.
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Legacy
Israeli Law 5711-1951 has had a lasting legacy on the state of gender equality in Israel and Palestine. It has been revised once in 2000 updating much of the language and giving greater legal authority to the law. Halakha law remains the most difficult of equality issues to navigate today in Israel, even with the updated law 5711-1951. There is no civic marriage in Israel it must be done through the religious courts (Halakha, and Sharia law). However, in 2006 Gay Marriages done abroad were recognized as fit to be registered with the Official Registry in Israel, making what basically constitutes a "common law" marriage.
Halima Brai v Qadi of the Sharia Muslim Court
In 1955, widowed mother of three Halima Bria, got remarried. Under Sharia Law (which she was married under and in Israel has legal authority in civil cases) a women with children who remarried was no longer seen in Israeli legal terms as the "natural guardian" for her very own children. She was brought to trial by her sister-in-law who was attempting to remove Halima's children from her custody. The only way in which Israeli law can trump a ruling by the religious courts (Islamic, Jewish, or Christian) is if the religious court "intentionally" ignored Law 5711-1951. The Israeli High Court did not side with Halima Bria and her children were removed from her custody. This case was important because it set the legal standard of allowing the various religious courts to have what amounts to near full autonomy in their rulings. This separation of civil and criminal law still is a huge obstacle for those fighting for gender equality in Israel.
Steinberg v Attorney General
In 1951 shortly after 5711-1951 passed in the Knesset Israel's first sex discrimination case was brought to the High Court of Justice. In this case Haim Steinberg, who was part of the ultra-orthodox Jewish sect called Neturey-Karta, refused to serve in the new Israeli Defense Forces. His argument was that if he was a women of the Neturey-Karta sect he would be given a religious deferment, but because he was a man he was being denied that "right". The court rejected his appeal not because he was a man but on the grounds that his sect did not recognize the state of Israel as being legitimate or having any legal authority. This set important legal precedent for future cases of gender discrimination in the armed forces. It also put into layman's terms the Israel policy of favoring men in their military over women. Israel had/has many loopholes and ways for a women not wishing to serve to take, few such avenues are available for men in Israel.
1986 Defense Service Law
Was a Law that was amended in 1999 to allow all women access to any position in the Defense Forces that they qualify for. The Law stipulates that both men and women must perform military service for their country, however it is still far easier for a women to be exempted then it is for a man. Women can still be exempted for their own religious or conscientious reasons. They are then supposed to substitute military service for "national service" for their required two years, although this seems to be rarely implemented. Men are subjected to the IDF's discretion if they are allowed to be exempted or not.The only exception being those studying to be rabbis at the country's various yeshivas. These of course are male only and yet another source for dissatisfaction among those demanding gender equality in Israel.