Israel: Protection available to female victims of sexual harassment in the workplace, including legal mechanisms; whether there are any reports of police refusing to process complaints of sexual harassment from immigrant women who are from the former Soviet Union
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board of Canada, Ottawa |
| Publication Date | 29 February 2008 |
| Citation / Document Symbol | ISR102750.E |
| Cite as | Canada: Immigration and Refugee Board of Canada, Israel: Protection available to female victims of sexual harassment in the workplace, including legal mechanisms; whether there are any reports of police refusing to process complaints of sexual harassment from immigrant women who are from the former Soviet Union, 29 February 2008, ISR102750.E, available at: https://www.refworld.org/docid/4804c0de2d.html [accessed 31 May 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
Legislation
The Prevention of Sexual Harassment Law, 5758-1998 is the primary legal instrument in place to deal with cases of sexual harassment in the workplace although it is not limited to employer-employee relations (AI June 2005, 2; IWN n.d.). The stated purpose of the law is "to prohibit sexual harassment in order to protect human dignity, liberty and privacy and to promote equality between the sexes" (Israel 1998; IWN n.d.). The law defines sexual harassment and adverse treatment in cases that could occur both within and outside the workplace, including situations where a person in a position of power exploits his or her authority to harass an employee (Israel 1998, Art. 3).
The law categorizes sexual harassment and adverse treatment as "offences," making the perpetrator subject to imprisonment (Israel 1998, Art. 5). In addition, such harassment may fall under the Civil Wrongs Ordinance and victims may be awarded compensation (ibid., Art. 6). The law also compels employers to take reasonable steps to prevent harassment and to prescribe procedures for employees to file a complaint (ibid., Art. 7 and 8). Where more than 25 workers are employed, a code of practice which includes these procedures and the main provisions of the Prevention of Sexual Harassment Law, 5758-1998 must be published (ibid.). Recourse for violations of the law may be sought through civil, criminal or labour courts (ibid., Art. 5, 6 and 10; AI June 2005, 2; Israel 2 June 2005; IWN n.d.).
Victims who seek recourse are protected from discrimination and/or dismissal by the Employment (Equal Opportunities) Law and employers who are found guilty of sexual harassment are liable to imprisonment for a term of up to four years (Israel 1988, Art. 7 and 15; ibid. 1998, Art. 5). Further protection is offered by the Victims of Offences' Rights Regulations, promulgated in 2002 (ibid. 2 June 2005, Para. 97), and by a new law entitled Limitations on the Return of a Sex Offender to the Victim of the Offence Surrounding Law, which prohibits an offender from residing or working near the home or workplace of the victim (ibid. 2 June 2005, Para. 101).
Government Assistance and Information
The government provides additional assistance through the Ministry of Industry, Trade and Labor's Division for Employment and Status of Women as well as through legal aid from the Ministry of Justice (ibid., Para. 53). Public sector employees have access to legal help through the Discipline Superintendent in the Civil Service and the Department for the Advancement and Integration of Women in Civil Service (ibid.).
The Authority for the Advancement of the Status of Women, a government advisory body established in 1998 (Israel 20 Aug. 2001), has published a 36-page document on women's rights in the workplace available in Hebrew, Arabic and Russian (Israel 2 June 2005, Para. 55-3).
Statistics
No accurate statistics exist as to the extent of sexual harassment in the workplace although the number of reported incidents has apparently risen significantly since the implementation of the Prevention of Sexual Harassment Law in 1998 (IWN n.d.). Statistical data on the numbers of official complaints of sexual harassment are not reliable indicators of actual numbers of incidents because victims are often reluctant to report harassment (AI June 2005, 2). Sources indicate that victims have nowhere to turn to in the workplace to file a complaint (NIF 5 Sept. 2007; Haaretz 22 Nov. 2007) and have little faith in the police (ibid.; Na'Amat Jan. 2008). Concerns about reporting incidents include fear of job loss (AI June 2005, 2), lack of evidence (ibid.) and employer efforts to conceal complaints (Haaretz 22 Nov. 2007). Police ineffectiveness (Na'Amat Jan. 2008), disbelief (New Israel Fund 5 Sep. 2007), negligence (ibid.) and lack of follow-through (Haaretz 22 Nov. 2007) in addition to the length of the criminal process (AI June 2005, 2) are factors which may prevent women from pursuing criminal complaints.
In its 2 June 2005 report to the United Nations Committee on the Elimination of Discrimination against Women, Israel presented the following statistics:
1) The public complaints commissioner handled 160 complaints pertaining to women's issues between 30 September 2000 and 31 December 2003 – including an unspecified number of sexual harassment complaints (Israel 2 June 2005, Para. 49)
2) The Department for the Advancement and Integration of Women within the Civil Service received 119 complaints in 2003, approximately half of which involved sexual harassment (ibid., Para. 63)
3) The police investigated 188 sexual harassment cases, 141 of which were closed due to lack of evidence (ibid., Para. 96)
4) Between January 2003 and June 2004, the Department of Police Officer's Investigation in the Ministry of Justice brought criminal charges in 38 sexual harassment cases while 22 cases were referred to the police disciplinary department (ibid., Para. 221)
In the same report, a chart detailing sexual harassment complaints within the Israel Defense Forces (IDF) shows that the number of cases fluctuated between 217 and 436 during the period between 1998 and 2003 (ibid., Chart 4, 48). Following a 2002 study, the IDF concluded that only a few of such cases have been reported and it has since taken measures to combat the problem through education and training of personnel (ibid., Para. 214-215).
Private Sector Employees
Several sources report that the problem of sexual harassment is more acute in the private sector (AI June 2005, 2; Haaretz 22 Nov. 2007; Na'Amat Jan. 2008). New Israel Fund (NIF), an organization dedicated to democratic change (NIF n.d.), maintains that the private sector has "largely ignored the legislation" (5 Sept. 2007). In the public sector, complaints of sexual harassment are handled by a tribunal of the Civil Service Commission, which has the authority to impose sanctions or dismiss an offending employee (Haaretz 22 Nov. 2007; Na'Amat Jan. 2008). In the private sector, no such body exists, and there is a lack of response to complaints (AI June 2005, 2; Haaretz 22 Nov. 2007; Na'Amat Jan. 2008). According to a private sector poll on sexual harassment conducted by Na'Amat, an international Jewish women's organization that works with Soviet and Ethiopian immigrants (Jewish Virtual Library n.d.a.), 61 percent of respondents said that colleagues who had been harassed did not complain (Na'Amat Jan. 2008).
Israel's 2 June 2005 report to CEDAW notes that 1,326 workplace inspections were carried out in 2003-2004 to ensure that employers were publishing a code of practice as required by the Prevention of Sexual Harassment Law, 5758-1998 (Para. 312). Other reports indicate that further steps are being taken to address complaints in the private sector, including "Operation Harassment," an initiative undertaken by the Ministry of Industry, Trade and Labor to expose sexual harassment in the workplace (NIF 5 Sept. 2007). The plan involves training inspectors to visit worksites and encourage dialogue on the subject (ibid.). In addition, Histradut, a worker's advocacy organization (Jewish Virtual Library n.d.b.,) and Na'Amat have joined forces to set up a tribunal similar to that of the Civil Service Commission in the public sector that will deal with sexual harassment in the private sector (Haaretz 22 Nov. 2007; Na'Amat Jan. 2008).
Organizations
Victims of sexual harassment may also seek assistance from a number of women's support organizations such as the Israeli Women's Network (IWN n.d.) or through one of the ten crisis centres operated by the Association of Rape Crisis Centers in Israel (Association of Rape Crisis Centers in Israel n.d.a.). For example, the IWN offers free legal advice on its hotline three evenings per week (IWN n.d.). The Association of Rape Crisis Centers in Israel has a 24-hour hotline offering services in several languages including Russian, and offers support and accompaniment in medical and legal procedures to sexual assault victims (Association of Rape Crisis Centers in Israel n.d.a.). In 2004, it recorded 602 sexual attacks in the workplace (ibid. n.d.b.)
In its annual report for the year 2006, the Haifa Rape Crisis Center (HRCC), a non-profit organization focussed on opposing sexual violence, states that it assisted 27 victims of sexual assault in the workplace (HRCC 2006). The HRCC provides services such as telephone support, face-to-face counselling and accompaniments through legal procedures to survivors of sexual crime (ibid.). The HRCC also trains volunteers to assist those who choose to press criminal charges to navigate the justice process (ibid.) and offers training and support to investigators, with attention given to specific populations such as new immigrants (ibid.). Other special projects operated by the centre in Haifa include a support group for Russian-speaking sexual abuse survivors, and two related projects: the New Immigrant Outreach and Support Project and the Sexual Harassment Prevention Project (ibid.).
Police Treatment
Reports of police refusal to process or investigate complaints of sexual harassment from immigrant women from the former Soviet Union could not be found among the sources consulted within the time constraints of this Response. However, the Israel Ministry of Foreign Affairs website has posted a 2001 article on the status of women on its website, which acknowledges that particular groups, including immigrants from the former Soviet Union, are vulnerable to certain disadvantages including "abuse of basic rights," and that women as a group are "subject to harassment" (Israel 20 Aug. 2001).
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of additional sources consulted in researching this Information Request.
References
Amnesty International (AI). June 2005. Briefing to the Committee on the Elimination of Discrimination Against Women June 2005. (MDE 15/037/2005)
Association of Rape Crisis Centers in Israel. N.d.a. "About Us."
_____. N.d.b. "2004 Data and Statistics."
Haaretz. 22 November 2007. Ruth Sinai. "Histadrut to Open Tribunal for Sexual Harassment Complaints."
Haifa Rape Crisis Center (HRCC). 2006. Annual Report for the Year 2006.
Israel. 2 June 2005. Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). Consideration of Reports Submitted by States Parties under Article 18 of the Convention on the Elimination of All Forms of Discrimination against Women Fourth Periodic Report of States Parties – Israel. (CEDAW/C/ISR/4)
_____. 20 August 2001. Ministry of Foreign Affairs Research and Information Center. "The Advancement of the Status of Women – Israel 2001."
_____. 1998. Ministry of Justice. Prevention of Sexual Harassment Law, 5758-1998.
_____. 1988. Ministry of Industry, Trade and Labor. Employment (Equal Opportunities) Law, 5748-1988.
Israel Women's Network (IWN). N.d. "Violence and Harassment: Sexual Harassment – Background and Current Status."
Jewish Virtual Library. N.d.a. "Na'Amat."
_____. N.d.b. "The Histadrut."
Na'Amat. January 2008. " Na'Amat Advances Plan to Address Sexual Harassment Complaints."
New Israel Fund (NIF). 5 September 2007. "Government Sets Up Unit to Prevent Sexual Harassment."
_____. N.d. "About NIF."
Additional Sources Consulted
Internet sites, including: Arab Association for Human Rights, Association for Middle East Women's Studies, British Broadcasting Corporation (BBC) News, Boloji.com, Forward.com, Global List of Women's Organizations, Hagshama, International Labour Organization (ILO), Jewish Agency for Israel, Law Library of Congress, Maslan Rape Crisis Center, New York Times, New Zionist, Office of the United Nations High Commissioner for Human Rights (OHCHR) Committee on the Elimination of Racial Discrimination (CERD), OHCHR Human Rights Committee (HRC), Shiluv (Israeli Society and Culture for New Olim), Stop Violence Against Women (StopVAW), World Law Bulletin.
