Experts of the Committee on the Rights of Persons with Disabilities Commend Israel on Efforts to Stimulate Employment of Persons with Disabilities, Ask Questions on Measures to Protect Persons with Disabilities in the Occupied Territories and to Promote Inclusive Education
The Committee on the Rights of Persons with Disabilities today concluded its consideration of the combined second and third periodic report of Israel on its implementation of the Convention on the Rights of Persons with Disabilities. Committee Experts commended the State party’s efforts to stimulate the employment of persons with disabilities, while asking questions on measures to protect persons with disabilities in the occupied territories and to promote inclusive education.
One Committee Expert said Israel had implemented several impressive measures to stimulate the employment of persons with disabilities. Was there a strategic framework for the elimination of sheltered workshops and the inclusion of persons with disabilities in the general workforce?
Rosemary Kayess, Committee Expert and Country Rapporteur for Israel, asked how the State party intended to ensure implementation of the Convention in occupied territories in the Gaza Strip and the West Bank. Other Experts also asked about measures to protect the lives of persons with disabilities in occupied territories, and to address mental distress among children with disabilities in conflict-affected areas. Israeli security personnel had reportedly restricted the movement of persons with disabilities in the occupied territories. How would the State party alleviate the situation?
A Committee Expert said that in 2002, the percentage of children with disabilities in special schools was 34 per cent, but in 2022, this percentage had risen to around 40 per cent. Why had the percentage risen? What measures were in place to move children out of special schools and into inclusive education? How would the State party ensure that children with disabilities received reasonable accommodation based on their needs?
Introducing the report, Gilad Noam, Deputy Attorney General (International Law), Ministry of Justice, said Israel was fully dedicated to upholding the principles enshrined in the Convention. The ground-breaking Equal Rights for Persons with Disabilities Law served as the cornerstone of efforts to advance equality and combat discrimination against persons with disabilities. The Law combined general provisions echoing the principles of the Convention with detailed provisions relating to equality in employment, public services and accessibility of public places and services.
The delegation said Israeli law applied to the eastern neighbourhoods of Jerusalem. A resolution had been approved by the Government to promote economic, social and cultural development in the region, which would support the rights of persons with disabilities. There were plans to expand mental health services, the number of mother and child health services and to increase investment in hospitals in the region. 26.6 million United States dollars had been invested in bolstering these health services. Israel was providing counselling at schools and preschools in conflict zones. The State also supported efforts to improve medical services in the Gaza Strip. In 2022, 913 trucks containing medical equipment entered the Gaza Strip. Israel had allowed over 500,550 Palestinian persons to enter Israel from the Gaza Strip since 2018, including over 90,000 permits for medical purposes.
Dan Rashal, Commissioner for Equal Rights of Persons with Disabilities, Ministry of Justice, said in his opening statement that promise for much needed change in the field of education could be found in the appointment of the Shapira Committee by the Minister of Education, with a charter to re-examine the entire special education system. The delegation added that when pupils with disabilities were enrolled, schools were required to make accessibility adjustments to accommodate them. Various adjustments had been funded by the State in 2022, benefitting over 4,000 pupils. Since 2012, about 800 accessible school buildings had been constructed and 228 million United States dollars had been invested in inclusive education.
In concluding remarks, Meirav Eilon Shahar, Ambassador, Permanent Representative Permanent Mission of Israel, Geneva, said Israel was committed to taking actions to eliminate ablism and was working towards implementing a social model of disability. It promoted the diversity of its society, and would continue to encourage change for the benefit of persons with disabilities. The Committee’s concluding observations would inform the State’s future disability policies.
Ms. Kayess, in her concluding remarks, encouraged the State party to draw on its resources as it developed policies promoting welfare access, deinstitutionalisation and inclusive education. The dialogue had revealed issues, including segregation in institutions, special education and sheltered workshops, and crisis situations faced by persons with disabilities from Arab communities, asylum seekers, refugees and other persons with disabilities in the occupied territories, which the State needed to address urgently. Committed leadership, coordinated action and legislative and institutional reform was needed to transform Israel into an inclusive society for all.
The delegation of Israel consisted of representatives of the Ministry of Justice; Ministry of Education; Ministry of Foreign Affairs; Israel Defense Forces; Israel Police; Ministry of Health; Ministry of Welfare and Social Services; and the Permanent Mission of Israel to the United Nations Office at Geneva.
The Committee will issue its concluding observations on the report of Israel at the end of its twenty-ninth session, which concludes on 8 September. Summaries of the public meetings of the Committee can be found here, while webcasts of the public meetings can be found here. The programme of work of the Committee’s twenty-ninth session and other documents related to the session can be found here.
The Committee will next meet in public on Thursday, 24 August at 3 p.m. to examine the initial report of Mauritania (CRPD/C/MRT/1).
Report
The Committee has before it the initial report of Israel (CRPD/C/ISR/1).
Presentation of Report
MEIRAV EILON SHAHAR, Ambassador, Permanent Representative Permanent Mission of Israel, Geneva, said the issue of promoting the rights of persons with disabilities was continuously on the agenda of Israel and the State was proud to have Ms. Odelia Fitoussi as the Committee’s Vice Chair. Israel had invested in national and international efforts for the promotion and protection of rights of persons with disabilities. Even prior to the adoption of the Convention, Israel enacted its first law on equality for persons with disabilities in 1998.
Israel was a member of the Group of Friends of the Convention; the Group of Friends of the Charter on Inclusion of Persons with Disabilities in Humanitarian Action; and the Human Rights Council’s Task Force on Accessibility and its Group of Friends. Last year, the Human Rights Council adopted by consensus the first ever Israeli-led resolution on the issue of countering cyberbullying. This resolution mandated the preparation of a written report on countering cyberbullying against persons with disabilities, in consultation with persons with disabilities and their representative organisations. Israel also led a resolution at the World Health Organization on the Highest Attainable Standard of Health for Persons with Disabilities, which brought a human rights-based approach to the issue of health.
Israel’s Agency for International Development Cooperation implemented programmes to advance the rights of persons with disabilities, including courses to promote accessibility preparedness in times of emergency for Israeli humanitarian aid organisations operating in Ukraine and neighbouring countries. The Agency had also provided support for wounded Ukrainian serviceman in need of orthopaedic prosthetic fittings, who arrived in Israel for treatment and rehabilitation.
Ms. Shahar said Avera Mengistu and Hisham al-Sayed are two young Israeli civilians with psycho-social disabilities who are being held in Gaza by the Hamas terrorist organisation, in violation of their human rights and international law. They have not been provided visitation by the International Committee of the Red Cross, she said. Israel hoped to bring the two of them, as well as the bodies of Lieutenant Hadar Goldin and Oren Shaul, back to Israel as soon as possible. The constructive dialogue with the Committee would provide Israel with a critical tool to further enhance the implementation of the rights of persons with disabilities.
GILAD NOAM, Deputy Attorney General (International Law), Ministry of Justice, said Israel was fully dedicated to upholding the principles enshrined in the Convention. The ground-breaking Equal Rights for Persons with Disabilities Law served as the cornerstone of efforts to advance equality and combat discrimination against persons with disabilities. Having been considerably amended since its original enactment, the Equal Rights Law combined general provisions echoing the principles of the Convention with detailed provisions relating to equality in employment, public services and accessibility of public places and services.
The Government deeply valued the contributions of civil society and non-governmental organisations in shaping policies and programmes. The State had participated in a project aimed at enhancing cooperation and dialogue among State authorities, civil society and academia in the reporting process to the United Nations human rights treaty bodies. The State had also ensured the active participation of organisations of persons with disabilities in legislative and policy developments, particularly in the drafting and enactment of the Equal Rights Law. The Law enshrined these organisations’ right to be heard, requiring relevant authorities to consult with them when formulating regulations under the Law.
The implementation of the Equal Rights Law had played a crucial role in ensuring accessibility to services in the public sector. As a result, nearly all open Government offices and their services were now accessible to persons with a range of disabilities. Disability allowances in Israel had also been substantially increased, to approximately 1,106 United States dollars per person. Israel also became a party to the Marrakesh Treaty in March 2016, confirming the State’s commitment to enhancing accessibility and the freedom of information and speech for persons with disabilities. Amendment 18 to the Legal Capacity and Guardianship Law recognised that decisions affecting persons with disabilities should be made with their active participation, independence and autonomy in mind. The Social Services for Persons with Disabilities Law adopted in June 2022, established a comprehensive system for the provision of social services to persons with disabilities.
DAN RASHAL, Commissioner for Equal Rights of Persons with Disabilities, Ministry of Justice, said the Commission for Equal Rights of Persons with Disability was established in 2000 by the Equal Rights for Persons with Disability Law. The law authorised the Commission to enforce all laws in Israel affecting the rights of persons with disabilities, and the Commission was appointed as the coordinating body for all matters relating to the Convention. It acted as a separate body within the Ministry of Justice, operating with its own budget, offices and personnel. The Commission represented individuals with disabilities in cases of discrimination and issued administrative orders enforcing accessibility. The Commission had authority to issue fines for violations of accessibility provisions, to public and private entities. Since the enforcement of the Equal Rights Law and the ratification of the Convention, significant milestones had been achieved, including the development of accessibility regulations. The High Court of Justice recently struck down a decision about classes for children with disabilities, in part because the Commission was not consulted prior to the decision. This ruling affirmed and strengthened the position and power of the Commission.
However, there were significant areas in which reform was needed. The Ministry of Health and the Ministry of Interior had yet to issue regulations mandated by the Equal Rights Law, breaching the deadline set by the Law of no later than 2006. Statistics showed that a significant proportion of children with disabilities studied in special education school settings, separated from general schools. There had been a decline in recent years in the proportion of children with disabilities studying in inclusive education. Other causes of concern were budgeting favouring separate special education schools and the allocation of resources based on criteria of disability types. However, promise for much needed change in the field of education could be found in the appointment of the Shapira Committee by the Minister of Education with a charter to re-examine the entire special education system. While some progress had been made by the enactment of the Social Services for Persons with Disability Law, passed last summer, additional measures were still needed. Efforts were being directed towards a Government resolution outlining a timeframe for deinstitutionalisation and expanding home residential facilities and other systems supporting autonomous living in the community. The Commission would continue to demand a shift towards a comprehensive system of support, based on individual needs, in line with the Convention.
The Commission was aiming for a comprehensive Government resolution which would launch a national plan for persons with disabilities, and mobilise different Government agencies towards coordinated efforts. The Government needed to actively incorporate the input of individuals with disabilities in policy formulation which concerned them.
Questions by Committee Experts
ROSEMARY KAYESS, Committee Expert and Country Rapporteur for Israel, thanked the delegation for its opening statements, and thanked Israel’s civil society for their submissions to the Committee. The Committee welcomed the recent Welfare Services for Disabilities law, and efforts to consult with civil society to ensure that it was in line with the Convention. Israel was born from the ashes of prejudice. It had a rich, turbulent history and had become one of the most successful economies among developed countries. Persons with disabilities, however, experienced inequality and discrimination through ablism. In the system of ablism, persons with disabilities were considered abnormal, and were segregated and isolated. The Committee was questioning ablism in all its forms and tackling inequalities faced by persons with disabilities.
The Committee was concerned by ongoing delays in implementation of the Convention. There had been a lack of progress in implementing the Equal Rights Law, a national action plan on disability, and other laws affecting persons with disabilities. There was a missed opportunity to incorporate the principles of the Convention in the Welfare Services for Disabilities Law. Did the State intend to involve organisations of persons with disabilities in drafting the law and developing a deinstitutionalisation plan? How did the State party intend to ensure implementation of the Convention in occupied territories in the Gaza Strip and the West Bank? How would the State party include persons with disabilities in deliberations of all policies affecting them? How did the State protect persons with disabilities from discrimination? Ms. Kayess expressed concern that the State did not help local authorities to implement disability policies. Did it intend to do this? What compensation was provided to persons with disabilities harmed by Israeli military action?
A Committee Expert asked whether there were organisations of persons with intellectual disabilities in Israel run by such persons? What was being done to assist the creation of such organisations and to include them in policy making? How were organisations of persons with disabilities involved in awareness raising campaigns? Persons with disabilities were not included in legislation as one of the groups legally protected from hate crimes. Were there plans to include them?
Another Committee Expert said that the State party’s definition of disability in legislation was not based on the human rights model, but on the functionality of the person. There were different definitions in different laws. Why was this? Were there efforts to harmonise the definitions? What measures were in place to protect the lives of persons with disabilities in occupied territories? The Committee had received only two complaints from persons with disabilities from Israel, indicating a lack of knowledge of the complaints procedure. Was there a possibility of persons with disabilities being excluded from health insurance plans?
One Committee Expert said women and girls with disabilities had difficulties obtaining appropriate health care. Many women with disabilities faced barriers to reporting violence. Shelters were not adapted to their needs. What actions were being taken to change this situation? All authorities were legally required to remove barriers to accessibility for persons with disabilities. Could the delegation provide updated information regarding implementation?
A Committee Expert asked how the State party was ensuring that disability policies provided targeted support to women with disabilities. How were children with disabilities included in policy processes? Were they included in decision making on local and national issues? What measures were in place to address mental distress among children with disabilities in conflict-affected areas, and how were these integrated into existing support services? How had the State party addressed the accessibility of internet sites for persons with disabilities? What measures were in place to ensure that websites were accessible and inclusive?
One Committee Expert asked about steps to harmonise definitions of disability and bring them in line with the Convention. A complaints committee reviewed denials of insurance to persons with disabilities, but this committee had no representation of persons with disabilities. When would this change? What measures were in place to make persons with disabilities aware of armed conflicts when they arose? How was it ensured that all infrastructure complied with accessibility standards, and that all public transportation was accessible to persons with disabilities? What was being done to ensure that persons with disabilities had access to modern assistive technologies?
A Committee Expert said the Equal Rights Law did not contain regulations on various forms of discrimination. What efforts were being made to develop such regulations? What mechanisms had been developed to ensure the participation of organisations of persons with disabilities in devising laws and policies?
One Committee Expert said the State party was obliged to make State laws compliant with the Convention, however many were not. What measures were in place to make domestic laws compliant? Were there specific mechanisms to ensure that policies and programmes were inclusive, gender sensitive and based on the human rights model?
Another Committee Expert said that disability assessment in Israel excluded autism, intellectual and psychosocial disabilities. There had been complaints from these people regarding the services they received. What measures were in place to change the assessment to recognise all forms of disability? How could persons with disabilities make claims of discrimination and how many people had made such claims?
A Committee Expert asked about the criteria for providing protection for persons with disabilities who faced racial discrimination. How were claims of discrimination against persons with disabilities investigated? What measures were in place to reinforce independent investigations of discrimination cases and make the punishments fit the crimes?
One Committee Expert asked what the State was doing to promote sexual and reproductive health for women with disabilities.
Responses by the Delegation
DAN RASHAL, Commissioner for Equal Rights of Persons with Disabilities, Ministry of Justice, said Israel viewed the participation of persons with disabilities and organisations of persons with disabilities in policy making as essential. An advisory committee to the Commission for Equal Rights had been set up which included persons with disabilities. Numerous meetings with the advisory committee were held on implementation of the Convention, addressing topics such as inclusive education, deinstitutionalisation and voting rights. The Commission had emphasised the need for the reduction of bureaucratic impediments to accessing State services and promoted the formulation of a national action plan on disability. Such a plan would support the needs of persons with disabilities and establish mechanisms for the ongoing monitoring of implementation. The Commission was committed to drafting the plan by 2024.
The delegation said the Commission was implementing specific activities supporting persons with disabilities within Arab communities. Public information campaigns, lectures and training were provided in Arabic. A designated campaign raising awareness of the rights of persons with disabilities in Arabic had been held, and it had led to a ten-fold increase in complaints from the Arab community. A theatre show aimed at children dealing with disability was currently being developed. Large investments had been made to enhance accessibility in Arab communities.
The Commission specifically designated women with disabilities for each of its public campaigns. A presentation on stereotypes stigmatising women with disabilities had been delivered by the Commission. Over 50 per cent of the complaints dealt with by the Commission came from women.
The Equal Rights Law enshrined the right of persons with disabilities to access all public services. Under the Law, a wide range of places and services, including public transportation, schools, medical institutions, universities, financial institutions, public parks and other areas, needed to be made accessible. Existing public buildings were also being made accessible. Training was being provided to public employees on accessibility, and websites and apps were also being made accessible. Accessibility requirements for public transportation and rented cars had been developed, however amendments to the Law had postponed finalisation. Currently, 95 per cent of all Government buildings had been made accessible. The deadline to implement all accessibility measures was March 2026, with regard to buildings and outdoors facilities of local authorities.
The Equal Rights Law contained provisions concerning sanctions for discrimination due to disability. Persons with disabilities and their representatives could file civil claims or class actions. Damages of up to 18,000 United States dollars could be paid. Persons who suffered from discrimination in employment could also file complaints in courts. Damages could be awarded and injunctions issued in such cases. Following investigations, the Commission could also submit indictments in discrimination cases.
The definition of disability in the Equal Rights Law was intentionally broad. It was consistent with the holistic approach of the Convention and promoted the equal rights of persons with disabilities. The definition also explicitly included short-term disabilities. Affirmative action measures relating to employment listed in the law applied to persons with serious disabilities only, due to limits in private sector resources. The Equal Rights Law defined failure to provide reasonable accommodation as a form of discrimination. The Law laid the foundation for the accessibility regime, which promoted reasonable accommodation.
The committee that received complaints regarding the provision of insurance responded only when the State had not responded to requests for insurance within 90 days, which explained the small number of complaints it had dealt with. There were also other avenues for claiming discrimination in relation to the provision of public services, such as the Commission for Equal Rights of Persons with Disabilities.
The incorporation of the Convention into domestic law was conducted through a wide range of legal instruments. International law applied only when it did not contradict domestic law. The judiciary acted under the presumption of compatibility between the Convention and domestic law. Under the Equal Rights Law, public officials were prohibited from refusing to accommodate persons with disabilities in the provision of public services.
Israel actively promoted the rights of children with disabilities. In 2022, the Government had established two institutions on the rights of children with disabilities and youth. These organs coordinated Government policies on children and promoted a diverse understanding of children’s needs. Children participated in the work of these institutions.
Crimes related to terrorism or inciting violence could be applied to persons with disabilities.
Israeli law applied to the eastern neighbourhoods of Jerusalem. A resolution had been approved by the Government to promote economic, social and cultural development in the region, which would support the rights of persons with disabilities. Health services and local hospitals provided mental health services to persons with disabilities. There were plans to expand mental health services, the number of mother and child health services and to increase investment in hospitals in the region. 26.6 million United States dollars had been invested in bolstering these health services.
Israel viewed the participation of persons with disabilities in decision-making as highly important. It engaged with the public to identify challenges faced by these persons. Various organisations of persons with disabilities were operating in Israel and some provided services and leisure activities. Consultations between the Government and civil society addressed specific legislation and implementation of the Convention. Civil society organizations had been involved in drafting the law on social services, influencing the services it addressed for persons with disabilities. The Prime Minister’s Office conducted roundtables with organisations of persons with disabilities on various themes, including emergency measures. The Shapira Committee, which had members who were persons with disabilities, was also established to reform special education in Israel.
According to domestic legislation, the State was not liable for actions performed within its lawful jurisdiction or in good and reasonable faith or for wartime actions, including on the West Bank. The State was not liable for damages caused to nationals of enemy States or members of organisations deemed as terrorist groups. Courts determined whether specific actions amounted to wartime actions on a case-by-case basis.
There were thousands of women with severe disabilities in Israel, who faced multiple, intersecting forms of discrimination. The Government had opened a centre dedicated to providing support and health services to women with disabilities, including sexual and reproductive health services. The centre served as a one-stop shop for obtaining support and reporting abuse. The State intended to expand the centre’s services and build more centres. A programme providing information on sexual and reproductive health for women with psychosocial disabilities was also in place.
The Ministry of Health had established 14 “resilience centres” to support children. Family and group therapy was provided in the centres by clinical psychologists with expert training in trauma.
Social services were provided to all persons regardless of gender or disability status and individuals specific needs were taken into account. There were 16 shelters for women who were victims of domestic violence, within which there were seven rooms for women with disabilities. Counselling and therapy were provided to victims.
In June 2022, the Social Services for Persons with Disabilities Law was enacted, establishing the right of persons with disabilities to access social services. The legislative process included public participation. The law enshrined the right of persons with disabilities to live independently within the community. It expanded personal assistance services and reinforced the need for persons with disabilities to make their own decisions concerning such services. The law contained provisions requiring persons with disabilities to be involved in the process of providing social services, and requiring services to be personalised. The law promoted consultations for persons with disabilities and their families regarding community-based living, access to employment and recreation.
Israeli laws and policies supported the principle that children’s views needed to be heard on matters which affected them. The amendment to the Special Education Law emphasised the participation of children with disabilities and their family regarding their eligibility for special education. Decisions on special education were made by parents with the participation of the child. A committee, which included two children with disabilities, had been formed to promote inclusive education.
Israel was dealing with crisis situations through providing counselling at schools and preschools in conflict zones. Pupils experiencing anxiety received personalised attention.
MEIRAV EILON SHAHAR, Ambassador, Permanent Representative Permanent Mission of Israel, Geneva, said Israel’s position was that the Convention did not apply in Gaza and the West Bank, as the areas were not under Israel’s effective control. Israel was devoting great efforts to defending its population from terrorism in these regions.
Questions by Committee Experts
ROSEMARY KAYESS, Committee Expert and Country Rapporteur for Israel, asked what steps had been taken to develop a national action plan to address situations of risk and emergencies, including in occupied Palestinian territories. The Committee was concerned that the health care system run by the Israeli prison system provided substandard care and operated without oversight. What measures were in place to meet the health care needs of prisoners with disabilities? The Committee was concerned by reports of restraints being used against prisoners with disabilities. What measures were in place to cease the use of such restraints? The Committee noted the 2017 guidelines on treatment of intersex persons, but remained concerned about persisting reports of unnecessary, irreversible surgeries being performed on intersex children without their consent. How would the State prevent such surgeries?
A Committee Expert noted the amendment to the guardianship law. However, legal capacity could still be stripped under the amended law. How would the State ensure that the legal capacity of persons with psychosocial disabilities was recognised? How long did guardianship last? What measures were in place to ensure that persons with disabilities could choose where, with whom and how they lived?
Another Committee Expert asked whether the State party intended to protect persons with disabilities in the occupied territories, particularly during armed conflict. Persons with disabilities in occupied territories had limited access to Israeli courts. Why were court intermediates providing services for persons with disabilities not funded by the Government? What chemical, psychical and psychological restraints were used against persons with disabilities in institutions? How would the State party prevent the use of drug-based restraints against persons with intellectual disabilities?
One Committee Expert asked about measures in place to protect persons with psychosocial disabilities from exploitation, violence and abuse. How would the State party establish an independent complaints mechanism for such abuses?
A Committee Expert said the State party had developed various measures to facilitate independent living in the community. Yet, the State party continued to exercise its reservation to article 23 of the Convention. When would this be lifted?
Another Committee Expert asked about measures implemented to protect persons with disabilities in the occupied territories, and to provide access to emergency and hospital services. What measures were in place to create an asylum register to promote access to disability support? What measures had the State party taken to remove barriers for refugees and asylum seekers with disabilities to accessing support services, including child health services and disability supports? Israeli security personnel had reportedly restricted the movement of persons with disabilities in the occupied territories. How would the State party alleviate the situation?
One Committee Expert said it was encouraging that that there had been efforts to move from guardianship to supportive decision making. Support had to be nominated through the judicial system. This did not align well with protecting the will and preference of persons with disabilities. Would the system be amended? The State appeared to be dismantling large institutions and creating smaller ones. What plans were in place to ensure total deinstitutionalisation?
A Committee Expert asked what measures were in place to prepare the national education system to guarantee inclusive education for all students. What budget was allocated to the inclusive education programme? Free education was not guaranteed for children with disabilities. What steps had been taken to fund the education of children with disabilities?
Another Committee Expert asked about measures to prohibit forced sterilisation, abortion and castration. Institutions continued to be wide-ranging. Services to the community seemed to have been reduced. How would the Government support existing community services and increase their funding? Would additional funds be provided to persons with disabilities to encourage independent living?
One Committee Expert asked about the level of accessibility of prisons. What was the number of persons with disabilities in places of detention, including the number of Palestinians?
ROSEMARY KAYESS, Committee Expert and Country Rapporteur for Israel, asked for data on the impact of the COVID-19 pandemic on persons with disabilities, particularly data on persons with disabilities in congregate care situations.
Responses by the Delegation
The delegation said the rules pertaining to the actions of security forces in the West Bank conformed to international norms. The State was not liable for damage caused to enemy States' nationals or member of terrorist organisations. In conformity with international principles, an enemy subject or alien had no right to sue before adversary courts. The Civil Torts Law had been deemed constitutional by the Supreme Court, which had rejected a claim by a person wounded by gunfire. The Court determined that there was no international law norm that required compensation for individuals wounded in armed conflict. The law pertained only to tort claims lodged by individuals. It did not diminish the responsibility of the State to investigate violations in situations in armed conflict. The applicability of human rights conventions in the West Bank was a subject of debate. Israel held that they apply only in territories under the sovereignty of the State. The body of law which applied to armed conflict situations provided protection to protected persons, including persons with disabilities. In such situations, the relevant legal frameworks reflected the balance between the protection of persons, while considering the conflict situation. Persons harmed by security forces’ actions were able to file petitions with the High Court of Justice and this was done regularly.
The responsible health care of persons with disabilities in the West Bank lay with the Palestinian authorities. Israel could not construct hospitals in the region, but allowed Palestinians to regularly enter into Israel for medical treatment. In 2022, allowances had been issued to over 111,000 people. Since 2005, Israel did not have effective control of the Gaza Strip. Hamas had been involved in multiple terrorist activities in Gaza since that period. All goods could enter the Gaza Strip freely, except those that posed a threat to Israel. Israel supported efforts to improve medical services in the Gaza Strip. In 2022, 913 trucks containing medical equipment entered the Gaza Strip. Israel had allowed over 500,550 Palestinian persons to enter Israel from the Gaza Strip since 2018, including over 90,000 permits for medical purposes. The Israel Defense Force took measures to mitigate the risk of civilian harm. Detailed regulations were in place to ensure that hospitals and other sensitive sites were not harmed. The Defense Force routinely issued information about their activities. Hamas regularly used civilian sensitive structures. The Israel Defense Force included a care unit for persons with disabilities. The public was alerted about incoming fire through applications, radio announcements, text messages and other warnings. The Defense Force website was accessible for persons with disabilities and offered specific instructions for staying safe in conflict situations.
The Commission for Equal Rights of Persons with Disabilities received more than 8,000 complaints each year concerning violations of persons with disabilities, all of which were investigated thoroughly. The Commission was mandated to inspect all institutions about which complaints were filed, and had filed around 15 civil lawsuits yearly concerning violations. However, the Commission could not file civil lawsuits against Government authorities. It hoped to gain such permission.
Persons with disabilities needed to be provided with information concerning states of emergency. Israel had developed national plans for emergencies, which were based on the Sendai Framework. Persons with disabilities were included in disaster risk reduction and preparedness. Employment, education and medical service providers were required to prepare evacuation plans that considered persons with disabilities. It was mandatory to make information available in sign language and simplified language. In cases where a state of emergency was declared, medical services for persons with disabilities were required to continue. A database of persons with disabilities to be used in emergency situations was being developed.
There was a need to reduce the number of institutional facilities. Israel had a comprehensive plan to support persons living in residential care to move into community-based home care. About 800 United States dollars allowance was given to each resident to aid this move. Higher payments were provided for residents who needed increased support. In 2022, more than 15 home care facilities had been opened. The Government intended to establish a dedicated team to promote deinstitutionalisation. It was working to ensure that persons with disabilities were included in all decisions concerning them and provided assistance to couples with children living in institutions. Relationship counselling was offered, and social workers were trained on relationship and parenting issues.
There was a worldwide staffing shortage of care services for persons with disabilities. They had relatively low salaries and a lack of opportunities for career advancement. The Government was working to raise the wages of caregivers for persons with disabilities and had developed budgetary estimates for wage rises. The Ministry of Welfare had provided grants to encourage young people to take up care work. In 2023, 1,300 foreign workers had been employed in care work in facilities for persons with disabilities. The Government provided additional payments to therapists who had undergone training in working with persons with disabilities.
There were regulated means for reporting and investigating incidents in which persons with disabilities were harmed in residential facilities. Staff had a duty to report such incidents to supervisors when they witnessed them and to take steps to prevent future incidents. There were regulations on sanctions for institutions that failed to address gaps. Commissions were set up to investigate serious complaints. A circular had been issued in 2022 concerning the use of cameras in institutions to detect and prevent abuse. The criminal backgrounds of workers at care facilities needed to be investigated. Facilities were required to prepare reports and conduct internal audits when incidents occurred.
There had been a significant drop in the use of restraints in psychiatric institutions in 2018, thanks to Government measures preventing the use of these devices. There was a slight increase during the COVID-19 pandemic, but the prevalence had since declined. Any termination of pregnancy required the consent of the person. The sole consent of the guardian was not sufficient to carry out an abortion. Abortions were permitted for pregnancies that resulted from rape or incest or that threatened the life of the mother. The State did not have a policy to perform forced sterilisation. The medical autonomy of persons with disorders of sex development needed to be protected. Intersex treatment was subject to legal obligations and intersex persons needed to consent to treatment. Parents needed to discuss the options and risk of procedures for intersex children. Procedures that endangered life or caused irreversible damage were not permitted. Procedures could not be carried out against the child’s will, unless a medical team determined that there was a risk to the child’s life.
Measures and services had been developed to encourage the integration of persons with psychosocial disabilities into the community. Full care facilities for up to 30 people with psychosocial disabilities in each facility had been built by the Government. Around 75 per cent of persons with psychosocial disabilities lived in the community. Such persons were included in the development of rehabilitation plans. There were issues concerning the availability of staff, however. At least 50 per cent of rooms in residential facilities needed to be single rooms. Residents were free to come and go and had daily schedules that they determined. Supporting services encouraged residents to gain skills to live in the community.
A health insurance programme for children with disabilities without Israeli residency was provided. The 12,000 children enrolled in the programme received the same health services as Israeli residents. Parents paid insurance fees. Free monitoring of growth and development was provided for babies. A clinic providing medical services, including medical health services, for asylum seekers and refugees had been set up. A mental health clinic for asylum seekers who had experienced trauma had also been established. It offered psychiatric treatment and other social services to these people.
12 per cent of the public received special education services, which were free of charge and included personal assistance. The education system encouraged the integration of children with disabilities into general schooling, while addressing their needs. The Government had invested around 48 million United States dollars in inclusive education. Training had been provided for teaching staff to support persons with disabilities. Inclusion coordinators were placed in all schools to lead inclusive education. A network of special education institutions provided guidance to schools and teachers. In 2024, 30 inclusive education institutions would be set up, which would have smaller class sizes, an inclusive design and teachers trained to support children with disabilities.
The Israel Prison Service provided medical care and appropriate conditions to all inmates. Persons with disabilities were provided with necessary health care, regardless of disability and residency. Prisoners received routine check-ups by the health care team. The scope of health care services was reviewed by the State regularly. Prison facilities considered the needs of the individual prisoner. Adapted wings that catered to the needs of persons with various kinds of disabilities were available. Most prison facilities met accessibility standards. Restraints were used as a preventative measure only, as a last resort, to protect the lives of prisoners and staff. Prison physician and social workers were notified the moment retraining measures were used. These staff monitored the use of the restraints. Supporting prisoners were nominated to provide additional support to inmates with disabilities.
The majority of guardianship appointments were permanent. Under 2016 amendments, guardians were not appointed unless it was in the best interests of the person involved and there were no viable alternatives. Guardianship alternatives were becoming increasingly available in communities. There had been a steady increase in enduring powers of attorney in recent years. Persons with disabilities were required to be intensely involved in the process of determining the terms of a guardianship order, and guardianship could be annulled through a court decision.
During the COVID-19 pandemic, exemptions to emergency regulations were made for persons with disabilities. The Prime Minster’s Office took into account the results of roundtables with organisations of persons with disabilities when determining policies to address the pandemic. Teaching aides were sent to schools for children with disabilities and to their homes during lockdowns. Visitations to rehabilitation facilities were stopped during lockdowns.
Israel had expressed a reservation towards article 23 of the Convention, which contained provisions concerning marriage that did not conform with Israeli legislation. Israel’s laws on marriage recognised the specificities of different religious unions.
Involving persons with psychosocial disabilities in criminal procedures could lead to an unintended denial of justice. Adjustments were granted to persons with disabilities in courts, such as communication assistance. 63 requests for accessibility adjustments had been lodged in 2022. 202 requests had been made for Israeli sign language interpretation and over 190 for Arabic sign language interpretation in 2022.
Questions by Committee Experts
ROSEMARY KAYESS, Committee Expert and Country Rapporteur for Israel, said she acknowledged the long-standing position of Israel that the Convention was not applicable in occupied territories, but this ran counter to decisions by the International Court of Justice, the treaty bodies, the Human Rights Council and the General Assembly. The Committee would assess the impact of the State party’s decisions on the lives of persons with disabilities, including in the occupied territories.
The situation in out-of-home care institutions was reportedly horrific. What had been done to shut down such institutions?
To what extent were children with disabilities actively involved in developing policies on inclusive education? Did the State party intend to develop a disability-inclusive overseas development policy? The Commission for Equal Rights of Persons with Disabilities was not an independent agency. What measures were in place to establish an independent institution under the framework of the Paris Principles?
A Committee Expert said it was important to foster non-stigmatising attitudes in the workplace. How did legislation address the need to change attitudes? Within post-secondary education, there were significant differences concerning accommodation. Deaf postgraduate students found it very difficult to obtain sign language instruction. What measures were in place to increase accommodation for all university students with disabilities?
Another Committee Expert asked how the State was ensuring the accessibility of public bodies’ websites. What measures had the State party taken to recognise sign language as an official language in law and to promote its use? The law adopted on welfare services in 2022 addressed the right of persons with disabilities to receive assistance as parents. When would this law be enforced and what assistance would be provided to parents with disabilities? It was encouraging that the Ministry of Education had appointed the Shapira Committee to look into inclusive education measures. How was this Committee looking into the provisions of the Convention and meaningfully involving children with disabilities and organisations of persons with disabilities?
One Committee Expert said that the delegation’s statement regarding the drop in use of restraints from 70 to 30 per cent, and the re-examination of their use after 24 hours, deepened their concerns regarding the use of restraints. Were there plans to reconsider the use of restraints and ensure reasonable treatment for persons with intellectual disabilities? There were reports of violations of the privacy of persons with disabilities in institutions, including the Sheba Centre. These persons’ files had been leaked without their consent. What measures were in place to protect the privacy of persons with intellectual disabilities? How did the State ensure informed consent for persons with intellectual disabilities?
A Committee Expert asked how the State party understood the term “community”? Many persons with disabilities living in the community did not receive any services. The identification website had not been made accessible for persons with intellectual disabilities. What measures were in place to ensure that these persons had access and were able to be registered? The Committee was concerned about mechanisms used to make decisions regarding medical procedures on intersex children. How did the State party ensure informed consent?
Another Committee Expert commended Israel for signing and ratifying the Marrakesh Treaty. How many schools were fully accessible for children with disabilities? How many persons with disabilities were enrolled in higher education annually? Were health professionals trained to recognise the human rights and fundamental freedoms of persons with disabilities? Were academic courses for medical professions inclusive of persons with disabilities? There were several impressive measures to stimulate the employment of persons with disabilities. What was the rate of employment for these people? Was there a strategic framework for the elimination of sheltered workshops and the inclusion of persons with disabilities in the general workforce? What reasonable accommodation was provided for persons with disabilities in Parliament? What measures were in place to promote the participation of persons with disabilities in political life?
One Committee Expert asked if the State supported entrepreneurs with disabilities through educational programmes? What measures were in place to support persons with disabilities to participate in elections?
Another Committee Expert asked about the makeup of committees formed to make decisions concerning community-based living. Were persons with disabilities included in such committees?
A Committee Expert said that small residential homes were institutions. The Expert called on the State to reconsider transferring persons with disabilities from large to small residential institutions. What measures were in place to ensure that all persons with disabilities received medical services in line with their needs? Many parents of children with disabilities reportedly requested their children to be transferred to institutions due to lack of support. What measures were in place to prevent this?
One Committee Expert said that some educational reform had taken place. In 2002, the percentage of children with disabilities in special schools was 34 per cent, but in 2022, this percentage had risen to around 40 per cent. Why had the percentage risen? What measures were in place to move children out of special schools and into inclusive education? How would the State party ensure that children with disabilities received reasonable accommodation based on their needs? Children with autism were often sent to special schools due to a lack of support in the general school system. How would the State respect the right of all children to study in mainstream schools?
Responses by the Delegation
DAN RASHAL, Commissioner for Equal Rights of Persons with Disabilities, Ministry of Justice, said the Commission’s powers to pursue legal action against the Government was limited. Last year, the Commission had been granted powers to sue on behalf of individuals.
The delegation said internet sites of Government authorities and commercial websites were required to be accessible. Accessibility adjustments needed to consider persons with hearing, visual and cognitive disabilities. Almost all persons with disabilities of working age in Israel used the internet. The Government was inspecting websites and issuing guidelines to make them accessible.
Discrimination on the grounds of disability in employment and against family members of employees with disabilities was unlawful. Legal aid was provided to persons who had experienced discrimination. The Commission for Equal Rights received around 1,000 complaints each year concerning discrimination in employment. It had been involved in more than 100 civil cases concerning employment discrimination last year.
60 per cent of persons with disabilities of working age were participating in the workforce, a lower rate than the general population. The Government was promoting affirmative action to prevent discrimination. Employers were required to take affirmative actions to promote representation of persons with disabilities in their workplaces. The Equal Rights Law had been amended in 2016 to include affirmative action obligations for public authorities and corporations. If such employers did not reach the goal of five per cent representation of persons with disabilities in their workforces, they were required to devise plans to increase representation. Employers needed to provide places for persons with significant disabilities. Various programmes were administered by a dedicated team within the Ministry of Labour, to promote the employment of persons with disabilities. Around 5,000 persons were currently participating in these programmes. There were services for persons with disabilities within employment support centres. The Government aimed to continue efforts to move persons with disabilities out of sheltered employment into the open labour market. Various ministries were putting together legislation to promote this move.
30 per cent of persons in full-care residential facilities would be moved to small-scale care homes. Following two serious incidents at residential facilities, a committee had been set up to review how the State should fulfil its obligations to persons living in these facilities. The committee had recommended regulations promoting deinstitutionalisation, including increasing the number of care staff and establishing multisectoral teams to regulate the use of restraints. A draft Government resolution implementing these recommendations was being prepared. Approximately 95 per cent of persons with disabilities in Israel lived in the community. Community-based services were provided to approximately 60,000 persons. Programmes for young persons with disabilities gave them skills to help them live in the community.
A roundtable discussion on the right to parenthood had been held by the Government. Several programmes to support parents with disabilities were being conducted, and the Government intended to expand these services.
The Ministry of Health was training staff in the use of non-restrictive restraint methods and was formulating a plan for further reducing their use. Efforts were being directed to increase access to information for persons with disabilities, to ensure informed consent regarding medical procedures. Information on patients could only be shared by medical teams. The management of Sheba Hospital had made changes to its information systems, creating different profiles limiting access to information for non-psychiatric doctors. There were courses provided for therapists on the rights of persons with disabilities. Legislation promoted acceptance of persons with disabilities and aimed to reduce stigma.
The Ministry of Education aimed to improve services for children with disabilities in the general education system and increase the percentage of pupils. Parents had the right to choose whether they wished for their children to attend mainstream education. The Special Education Law had led to a decrease in the number of children in special education, however the Government had established the Shapira Committee to provide recommendations for further encouraging inclusive education. The Committee was considering issues of inclusion such as challenges in accessibility and human resources in schools for accommodating children with disabilities. The Committee included pupils with disabilities who had a role in its decision making. The Committee had more than 200 participants and its deliberations were made public. It was hoped that discussions would conclude in 2024. Every school was required to be generally accessible. When pupils with disabilities were registered, schools were required to make additional accessibility adjustments to accommodate them. Various adjustments had been funded by the State in 2022, benefitting over 4,000 pupils. Since 2012, about 800 accessible school buildings had been constructed and 228 million United States dollars had been invested in inclusive education.
Higher education facilities were prohibited from discriminating due to disability. These institutions were required to provide reasonable accommodation for students with disabilities. Following claims that deaf students were unable to complete certain courses, universities had waived those students’ requirements to take the courses.
No one was subject to restraining measures because of their disability. When persons posed a risk to themselves or others, restraining measures were used as a last resort. The re-evaluation of restraining measures occurred constantly, not every 24 hours. The police force was examining alternatives to restraining measures, including special monitoring mechanisms.
The Government had adopted a resolution to ensure development of Israeli sign language, which was used by approximately 9,000 persons, with a dedicated budget. Sign language translation was available from 8 a.m. to 8 p.m. in medical institutions.
Persons with disabilities over the age 18 had the right to vote. The Government was currently drafting accessibility regulations concerning voting procedures. Polling stations needed to be made accessible, and persons with disabilities who required assistance could vote with another person. Persons with disabilities had the possibility to run for public office.
Israel did not have a national human rights institute. There were however numerous expert bodies that fulfilled the de-facto functions of a national human rights institute, including the Commission for Equal Rights for Persons with Disabilities.
Closing Statements
MEIRAV EILON SHAHAR, Ambassador, Permanent Representative Permanent Mission of Israel, Geneva, said it had been an honour to discuss Israel’s progress in implementing the Convention and the challenges it faced. Israel shared the Committee’s concern regarding ablism and was committed to taking actions to eliminate it. The State was working towards implementing a social model of disability. It promoted the diversity of its society and would continue to promote change. The Committee’s concluding observations would inform the State’s future disability policies.
ROSEMARY KAYESS, Committee Expert and Country Rapporteur for Israel, expressed appreciation for the open and frank dialogue. Israel had a wealth of resources to draw on in its reform of disability policies, including the Commission for Equal Rights for Persons with Disabilities. The Commission’s active participation in the dialogue was evidence of the State’s willingness to embrace reform. Ms. Kayess encouraged the State party to draw on those resources as it developed policies promoting welfare access, deinstitutionalisation and inclusive education. The dialogue had revealed issues, including segregation in institutions, special education and sheltered workshops. This was compounded by the slow pace of legal reforms that did not reflect the provisions of the Convention. The dialogue had also highlighted the crisis situations faced by persons with disabilities from Arab communities, asylum seekers, refugees and other persons with disabilities in the occupied territories, which the State needed to address urgently. Committed leadership, coordinated action and legislative and institutional reform was needed to transform Israel into an inclusive society for all. Ms. Kayess wished the delegation well in its endeavours.
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