: ISRAEL - RELIGIOUS COURTS

: Background Report 5-46441
: By Shoshana London Sappir, in Jerusalem
: Voice of America via  http://www.mantra.com/newsplus

: Sunday, June 4, 2000

: Introduction

: Israeli women have been struggling for years to have a
: say in the religious courts that are in charge of
: marriage and divorce.  Now, as Shoshana London Sappir
: reports from Jerusalem, women have begun working in these
: previously all-male courts.

: Text

: Israel has many laws that guarantee the equal status of
: men and women.  But it preserves the right of religious
: courts to judge according to ancient laws that treat men
: and women differently.

: Israel has acknowledged the conflict between religious
: and civil laws on many occasions.  When it signed the U-N
: Convention on the Elimination of Discrimination Against
: Women it submitted reservations regarding the rights of
: religious courts.

: There is no option of civil marriage or divorce in
: Israel, so religious courts belonging to the various
: denominations perform all marriages and divorces. Women
: activists have been saying for years that these male-only
: courts are more sympathetic to men and keep women at a
: disadvantage.

: Esther Sivan is the legal advisor for the Israel Women's
: Network, which advocates opening religious courts to
: women.

: Sivan:

: "Religious law in Israel discriminates against women of
: all religions, I am afraid.  First of all, the main
: problem I think is everything concerning marriage and
: divorce.  Rabbinical courts and Sharii courts of Jewish
: and Muslim women in Israel have unique jurisdiction on
: matters of marriage and divorce and the laws that apply
: especially on divorce are discriminating towards women.
: Women do not have the same rights as men, they can not,
: they can not stop their marriage as men can do, and
: sometimes, too often, we see actual blackmail in divorce
: proceedings.  Men have the right to have a marriage
: permit to another women where women are not permitted to
: marry another man till they divorce from their own
: husband and that makes women in a very low rank."

: Ten-years ago, women scored a victory when they persuaded
: the Jewish religious establishment to let women advocates
: represent men and women in the rabbinical courts.  These
: women are called 'rabbinical pleaders' and undergo
: special training on Jewish religious law. Ms. Sivan says
: their presence has had a real impact in the court system.

: Sivan:

: "First of all, 'till women pleaders came into religious
: courts there were hardly any women since judges in
: religious courts are not, women are not permitted to be
: judges in religious courts whatsoever, so the women's
: voice was hardly heard. Religious pleaders, rabbinical
: pleaders, and sharii pleaders, women, make a change since
: they have the women's agenda on their agenda in court and
: that makes a great change.  I think even the judges
: themselves would agree with me that some change was made,
: although they had to fight a lot to get into the courts.

: At least rabbinical pleaders, women rabbinical pleaders,
: had quite a struggle until they were permitted to come in
: and represent women and men in courts."

: Based on the success of the Jewish pleaders, Muslim women
: are now poised to upset the traditional balance of power
: in Muslim courts.  The first group of Sharii pleaders has
: just graduated from a training course on Muslim law.
: Tagrid Jahshan is an advocate who has worked with these
: pleaders.

: Jahshan:

: "These women have not got a license yet to practice in
: the courts, but at least we know that we now have a group
: of 15 Muslim women pleaders that can work even in these
: courts or in other places.  We hope that these women can
: also work outside the courts, have meetings with other
: women explaining to these women their rights.  Even if
: they do not enter inside the courts we hope there will be
: another side to their training - especially in regions
: where women are completely unaware of their rights,
: especially in the Negev where Bedouin women live.  We
: have two Bedouin women who participated in the Sharia
: pleaders course and we hope that they are pioneers to
: working with Bedouin women, explaining to them their
: rights as well as representing them in the Sharia
: courts."

: These women activists do not see challenging the
: religious establishment as the only way to advance
: women's rights.  Many women are themselves religious and
: want to promote their rights within the system. Jewish
: and Muslim women, together with men who are committed to
: equality, are looking for ways to help women within
: existing religious law.  Members of both faiths are
: seeking new interpretations of the ancient laws to
: produce rulings that favor women. Israeli delegates to
: the U-N Beijing plus five Conference on the Status of
: Women in New York (June 5-9) will report on steps to
: improve women's standing.
:  (Signed) neb/sls/ge/dw/rae

: 4-Jun-2000  9:31 am EDT (4-Jun-2000  1331 hours UTC)

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