Israel, West Bank and Gaza
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Rape and Domestic Violence: Rape, including spousal rape, is a felony for which conviction is punishable by 16 years’ imprisonment. Conviction of rape under aggravated circumstances or rape committed against a relative is punishable by 20 years’ imprisonment. Killing a spouse following abuse is chargeable as murder under aggravated circumstances, with a sentence if convicted of life imprisonment. Authorities generally enforced the law.
In 2019 the number of requests for assistance related to rape to the Association for Rape Crisis Centers was 13 percent higher than in 2018. Authorities opened 1,386 investigations of suspected rape in 2019, compared with 1,480 in 2018. Authorities closed 92 percent of rape cases in 2019 without filing an indictment, mainly due to lack of evidence.
On September 2, police filed indictments against 11 men, including eight minors, for their involvement in the gang rape of a 16-year-old girl in Eilat. The indictments included rape under aggravated circumstances, aiding and abetting a rape, indecent assault, and failure to prevent a felony. The trial continued at year’s end.
During the year 16 women and girls were killed by their male partners or by other family members. According to police data provided to the Movement for Freedom of Information, 77 percent of domestic assault cases from 2016-19 did not lead to an indictment, and 30,756 cases out of 39,867 cases closed without an indictment.
According to Ministry of Labor, Social Affairs and Social Services data, the number of reports of domestic violence almost tripled from March-October, compared with the same period in 2019. During the country’s first lockdown due to COVID-19, calls to police regarding violence against women increased by 19 percent from March-May compared with the same period in 2019, according to police data obtained by the Movement for Freedom of Information.
The Ministry of Labor, Social Affairs, and Social Services operated 14 shelters for survivors of domestic abuse, including two for the Arab community, two mixed Jewish-Arab shelters, two for the ultra-Orthodox community, and eight for non-ultra-Orthodox-Jewish communities. On May 3, the ministry opened an additional shelter to accommodate women under mandatory quarantine. The ministry also operated a hotline for reporting abuse, and on April 30, it opened a text-message-based hotline to help women access assistance while quarantined with an abusive partner. During the COVID-19 crisis, the Ministry of Justice’s Legal Aid Department represented women seeking restraining and safety orders, and defended them in domestic violence cases.
Sexual Harassment: Sexual harassment is illegal. Penalties for sexual harassment depend on the severity of the act and whether the harassment involved blackmail. The law provides that victims may follow the progress on their cases through a computerized system and information call center. In 2019 prosecutors filed 104 indictments for sexual harassment, down from 168 in 2018. According to a Civil Service Commission report, in 2019 there were 214 sexual harassment complaints submitted to its Department of Discipline, compared with 194 complaints in 2018 and 168 in 2017. During 2019 the commission submitted 15 lawsuits to its disciplinary tribunal, compared with 12 in 2018.
On February 10, a magistrate court sentenced former Jerusalem district police chief Niso Shaham to 10 months’ imprisonment, eight months’ probation, a fine, and a compensation payment for sexually harassing female officers under his command. On July 14, a district court rejected Shaham’s appeal to overturn the magistrate court’s decision. Shaham appealed to the Supreme Court, and the appeal continued at year’s end.
Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of the birth of their children. Generally all individuals have the right to manage their reproductive health and had access to the information and means to do so, free from discrimination, coercion, or violence. According to NGOs, Arab Israeli women, particularly from the Bedouin population; female asylum seekers; and Palestinian women from East Jerusalem had limited access to health-care services. Traditional practices in Orthodox Jewish communities often led women to seek approval from a rabbi to use contraception.
The country maintained a pronatalist policy regarding reproductive care, subsidizing fertility treatments until the age of 45 but for the most part not subsidizing contraceptives, with the exception of women younger than age of 20 and women in the IDF.
The government provided sexual and reproductive health services for survivors of sexual violence. On February 9, the Supreme Court ordered the government to recognize an Ivoirian family as refugees due to its minor daughters’ fear of being subjected to female genital mutilation in Cote d’Ivoire.
Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.
Discrimination: The law provides generally for the same legal status and rights for women as for men, including under family, religious, personal status, and national laws, as well as laws related to labor, property, inheritance, employment, access to credit, and owning or managing business property. The government generally enforced the law effectively, but a wage gap between women and men persisted. Women and men are treated differently in Jewish, Christian, Muslim, and Druze religious courts responsible for adjudication of family law, including marriage and divorce. For example, although women served as judges in nonreligious courts, they are barred from serving as judges in rabbinical courts.
The law allows a Jewish woman or man to initiate divorce proceedings, and both the husband and wife must give consent to make the divorce final. Sometimes a husband makes divorce contingent on his wife conceding to demands, such as those relating to property ownership or child custody. Jewish women in this situation could not remarry and any children born to them from another man would be deemed illegitimate by the Rabbinate without a writ of divorce. Rabbinical courts sometimes punished a husband who refused to give his wife a divorce, while also stating they lacked the authority under Jewish religious law to grant the divorce without his consent.
A Muslim man may divorce his wife without her consent and without petitioning the court. A Muslim woman may petition for and receive a divorce through the sharia courts without her husband’s consent under certain conditions. A marriage contract may provide for other circumstances in which she may obtain a divorce without his consent. Through ecclesiastical courts, Christians may seek official separations or divorces, depending on their denomination. Druze divorces are performed by an oral declaration of the husband or the wife and then registered through the Druze religious courts.
In some ultra-Orthodox neighborhoods, private organizations posted “modesty signs” demanding women obscure themselves from public view to avoid distracting devout men. The Beit Shemesh municipality received several extensions from the Supreme Court, which ordered it to remove such signs in 2018.
Women’s rights organizations reported a continuing trend of gender segregation and women’s exclusion, including in public spaces and events, in the IDF and in academia. In academia segregation in classes originally meant to accommodate the ultra-Orthodox population expanded to entrances, labs, libraries, and hallways, based on the Council of Higher Education inspections, revealed through a Freedom of Information Act request. Petitions to the Supreme Court regarding segregation in the academia were under review at year’s end. Incidents of segregation were also reported in government and local authorities’ events and courses. For example, the Ministry of Transportation prevented women from registering for some men-only defensive driving courses. In June the Ministry of Transportation committed to halt this practice, following a 2018 lawsuit by the Israel Women’s Network.
Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity
The law prohibits discrimination based on sexual orientation, including in goods, services, and employment. The government generally enforced the law, although some discrimination in employment and housing persisted against LGBTQI+ persons in general and against transgender persons in particular. On April 20, a magistrate court ordered a company that refused to print materials with LGBTQI+ content for the Israel LGBTI Task Force to compensate the organization.
The trial against two individuals on charges of attempted murder of their 16-year-old brother, whom they stabbed outside an LGBTQI+ youth shelter in 2019, allegedly on the basis of his sexual orientation, was pending at year’s end. Some violent incidents against LGBTQI+ individuals during the year led to arrests and police investigations. For example, on August 12, police indicted two minors for assault and causing injury under aggravated circumstances to LGBTQI+ minors in Jaffa on August 1.
On February 4, then minister of education Rafi Peretz announced he would grant an Israel Prize for Torah literature to Rabbi Yaacov Ariel, the former rabbi of Ramat Gan, who made public statements against LGBTQI+ persons, including a 2014 call not to rent apartments to lesbian couples. On April 26, the Supreme Court rejected a petition filed by the Israel LGBTI Taskforce against the granting of the prize to Ariel, stating the case did not justify the court’s intervention. Ariel refused to retract his statements.
LGBTQI+ activists were able to hold public events and demonstrations but were restricted by COVID-19 emergency regulations limiting such participation (see section 2.b.).
IPS regulations prohibit holding transgender prisoners in solitary confinement. According to ACRI, one transgender woman was held in a separation wing used as a punitive measure for women removed from regular wings, for more than one year. In September she was transferred to a regular wing, following legal work by ACRI.