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29th UPR session
Date of review: 23 January 2018
Date of report adoption: 29 June 2018
Document number: A/HRC/38/15
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SUMMARY SOGIESC issues during Israel’s 3rd UPR review |
I. SOGIESC issues/recommendations identified by NGOs and other stakeholders
Equality and non discrimination
9. JS6 stated that LGBTI people in Israel experienced disproportionally high rates of structural, institutional and interpersonal discrimination and violence, and noted that LGBTI-phobia was present in all circles of life, particularly in the public sphere, the education system, the army, and health services.
Right to privacy and family life
37. JS6 indicated that under Israeli law, the adoption process for a child who is not a biological child of one of the parents was available only to heterosexual couples. JS6 also noted that same-sex male couples interested in giving birth to their own biological child via surrogate motherhood needed a surrogate mother, and the surrogacy law permitted access to surrogacy only to heterosexual married individuals.
38. JS6 indicated that the Israeli regulations on changing the sex designation clause in the public registry (“State IDs”) raised procedural obstacles and denied transgender people the right to recognition of their gender identity. Changing the sex designation clause was conditioned on undergoing sex reassignment surgery, but new regulations added another path conditioned on the approval of a Public Committee appointed by the Ministry of Health. JS6 noted with concern some preconditions for the approval.
Right to health
52. JS6 highlighted the situation of Gender Adjustment Treatments, and stated that sometimes the complementary treatments were not accessible to transgender people due to several regulatory failures in this domain.
Right to education
55. JS6 noted that the education system in Israel did not include any mandatory educational or informative content regarding LGBTI people.
II. Excerpts on SOGIESC issues from the national report
4. Since the last reporting cycle, Israel also introduced, in 2017, a series of “Round Tables”. This project entailed six discussion sessions in academic institutions located throughout Israel so as to facilitate diverse participation. The sessions offered a unique platform for free discourse between civil society, academics and government representatives on core human rights issues related inter alia to: LGBT Rights; Israelis of Ethiopian descent; the local Bedouin population; women’s rights; rights of persons with disabilities; and social and economic rights in the periphery. One of the aims of this project was to allow grass roots organizations, which usually do not have the resources to submit shadow reports to the general treaty bodies and UPR process, to participate in the UN HR reporting mechanism.
Religious freedoms
60. In addition to Jewish and civilian burial, persons of other faiths are buried according to their own customs in Israel. Likewise, in an appeal brought by the mother of a transgender woman who requested in her will that her body be cremated upon her death, the Supreme Court upheld the Jerusalem District Court decision to honor the deceased’s request.
LGBT rights
24. Israel steadfastly protects the rights of its citizens to live freely according to their sexual orientation and gender identity and actively promotes the development of rights for the LGBT community.
25. Since the last cycle, there have been a number of notable legislative and administrative developments affecting the LGBT community, including:
(a) The September 2017 notice by the MOLSASS that it supports changing the legislative criteria which requires an adoptive couple to be a “man and his wife”, to a new gender-neutral standard that simply requires that adoptive parents have a stable and ongoing relationship.
(b) The introduction, in 2016, of a PIBA policy that shortens the process by which a same-sex spouse of an Israeli citizen may receive a visa.
(c) The 2014 adoption of Amendment No. 4 to the Pupil’s Rights Law 5761- 2000, adding sexual orientation and gender identity to the list of grounds upon which discrimination against pupils is prohibited.
(d) The 2014 modification of the template for identity cards by the MOI , allowing for the clear designation of same-sex parents.
26. Recent court decisions protecting the rights of same-sex couples in Israel include:
(a) A 2016 National Labor Court decision (overturning a previous ruling by the Tel Aviv-Jaffa District Labor Court) held that the constitutional right of a same-sex couple to create a family enables it to benefit from the same entitlement terms granted to heterosexual families, as laid out in the National Insurance Law. This ruling enshrines the principle of non-discrimination against same-sex couples with regard to National Insurance benefits.
(b) The 2014 Jerusalem District Court decision rejecting an appeal filed by a Guest House regarding whether a certain venue can refuse to hold a same-sex wedding. The Court stressed that the principle of equality was a fundamental principle of Israel’s legal system and that preventing a same-sex couple from getting married at a certain venue is discriminatory.
(c) The 2013 Tel Aviv-Jaffa Family Court ruling that a same-sex couple could be registered as parents and recognized as joint parents through a judicial parenthood order, without a social services’ review.
27. Israeli courts have also taken a clear stance against violence in the LGBT context. In April 2016, the Jerusalem District Court convicted Yishay Shlisel of murder, six counts of attempted murder and injury under aggravated circumstances, after he stabbed seven people in the Jerusalem Pride Parade in July 2015. Shlisel was sentenced to life imprisonment with an additional 31 year imprisonment sentence and was ordered to compensate the deceased’s family and other victims in the total amount of 2,064,000 NIS.
28. Furthermore, Israel has played a significant role in promoting the rights of the LGBT community at the UN and beyond. The permanent mission of Israel to the UN is a long-standing member of the LGBT core group in New York. Israel actively fought to protect the mandate given to the Independent Expert on SOGI, voting several times in favor of the position and delivering supportive statements in the third and fifth committees and in the General Assembly. It has also co-sponsored many side events held by the core group to raise awareness and promote the rights of the LGBT Community. Finally, Israel is a founding member of the recently established ERC, a group of countries (outside the auspices of the UN) committed to promoting the rights of the LGBT community.
III. Excerpts on SOGIESC issues by UN agencies
No references.
IV. References to SOGIESC issues during the Working Group review
20. Mexico welcomed measures to eliminate gender-based violence and to promote the rights of lesbian, gay, bisexual, transgender and intersex persons.
27. Norway commended the progressive stance of Israel on lesbian, gay, bisexual and transgender rights but was deeply concerned about the unresolved Israeli-Palestinian conflict.
38. Discussing recent achievements in court, and questions raised by Madagascar, Poland, France and Germany, the Commissioner noted a successful lawsuit regarding gender discrimination, and the filing of an amicus brief in connection with a racial discrimination case. She outlined the Commission’s various initiatives, including the creation of a “diversity index” to identify wage gaps among the various groups in Israeli society in order to guide related government policies, in addressing those discrepancies; the Equal Pay: Equalizing Wages in Israel’s Workforce campaign, and the development of a gender wage gap calculator; joint initiatives with the Government Companies Authority to advance equal opportunity and diversity in government companies, and plans to launch similar programmes for other sectors; and Equal Employment Opportunities Commission campaigns for the integration of underrepresented populations in the labour market.
40. Rwanda encouraged Israel to enhance efforts to address patriarchal attitudes and gender stereotypes through the strengthened implementation of relevant laws and policies.
64. Uruguay highlighted the commitment of Israel to gender equality and encouraged continuing efforts to guarantee the rights of lesbian, gay, bisexual, transgender and intersex persons.
78. Canada recognized Israel’s security challenges. It welcomed measures adopted to promote the equality of lesbian, gay, bisexual, transgender and intersex persons.
86. The Director of the Authority for the Advancement of the Status of Women, Eva Madjiboj, responding to questions and remarks raised by Rwanda, Singapore, Thailand and Angola, relayed developments in combating sexual harassment, including: the criminalization as a sexual harassment offence of the publication against one’s will of media content, including photographs, videos and recordings, focusing on a person’s sexuality; the establishment of a committee to develop a national programme to eradicate sexual harassment; and the campaign to promote tolerance towards the lesbian, gay, bisexual, transgender and intersex community.
91. Costa Rica acknowledged progress on gender equality. It was concerned about discrimination and restrictions suffered by the Palestinians.
93. Czechia praised the conducive living environment for some minority groups, such as lesbian, gay, bisexual, transgender and intersex persons.
100. Germany commended progress on lesbian, gay, bisexual, transgender and intersex rights while remaining concerned about the human rights situation, especially in the occupied Palestinian territories.
113. Italy welcomed measures adopted to promote lesbian, gay, bisexual and transgender rights, as well as the promotion of disability rights.
V. Conclusions and/or recommendations
Israel accepted the following recommendations:
118.64 Continue to strengthen measures to combat violence and discrimination against lesbian, gay, bisexual, transgender and intersex persons (Chile);
118.65 Continue its efforts to safeguard lesbian, gay, bisexual, transgender and intersex rights, following notable legislative and administrative developments (Greece);
118.111 Incorporate in legislation the principle of gender equality and non-discrimination in the public and private spheres (Plurinational State of Bolivia);
118.116 Strengthen measures to combat gender-based violence, including through the implementation of relevant laws to ensure justice for victims (Rwanda);
Israel noted the following recommendations:
118.57 Consider incorporating explicitly the principles of equality, gender equality, and non-discrimination in its Basic Laws for all citizens (Thailand);
VI. Further information
You will find all documents relating to XXX’s third review at UPR-Info and OHCHR’s websites.