Shulamit Aloni
Photo: Gabi Menashe
Throwback to the dark ages: rabbinic judges
Photo: Shaul Golan
Women must demand equal rights
The founding fathers promised equal rights. There's a long way to go
Wednesday, the world will mark International Women's Day. Well, most of the world, anyway.
Israel presents itself as an "enlightened democracy," and will certainly participate in the celebrations.
But some simpletons believe there is no reason to mark the occasion here, saying we should celebrate "Family Day" instead. After all, "democratic Israel" has already "granted" full civil rights to women.
I say "simpletons" because although that promise was made, discrimination continues, and there is a long way to achieving full equal rights, if they can ever be achieved.
Equality: founding principle
It must be noted that the State of Israel's founding document, the Declaration of Independence, says explicitly that the country "will ensure complete equality of social and political rights to all its inhabitants irrespective of religion, race or sex; it will guarantee freedom of religion, conscience, language, education and culture."
In addition, the guiding principles of the first elected government stated that "women will enjoy total and complete equality, equal rights and responsibilities in this country, society and workplace, and in the legal establishment."
And so promises were made. But where are we now?
Rampant discrimination
It turns out that not all citizens have exactly equal rights. Minorities suffer discrimination in every area (education, culture, finance, development, allocation of lands, etc.), including the Druze, who we so fervently proclaim to be our "brothers in arms" for their dedicated military service.
At the same time, and compared to other underprivileged groups, women continue to suffer discrimination. They are still considered their husband's "property" by both Judaism and Islam, whether or not they, themselves are religious, and without regard to whether their husbands are religious or not.
Tied to religion
By law, women are forced to be judged by the "holy" terms of the religious establishment.
We are very proud of the 1992 "Basic Law: Human Dignity and Liberty." But it should be noted that this important law, which deals with defending human dignity and freedom, has no provision for equality, a provision that has been the cornerstone of all democratic societies and every constitution since the French and American revolutions. This concept gained strength with the passage of the Universal Declaration of Human Rights in 1948.
One religious representative to the negotiations over that law objected to including equal rights in the law, saying that such a provision could open the door for women to demand equal rights from Orthodox religious courts, and demand their freedom from anachronistic judges who rule according to obsolete halachic (Jewish law) norms – for both Jews and Muslims.
In that (supposedly) progressive law that everyone is so proud of(because we fail to pay attention), women remain bound in all personal matters – marriage, divorce, division of marital assets and custody of children, the entire system.
We have left to the whims of tradition and the dark, outdated opinions of the rabbis. We remain under the thumb of religious law and judges.
Misleading proposal
It is important to note that even according to a proposal put forth by the Israel Democracy Instituteinnocently called "Constitution by Consensus", there is no provision for civil marriage and divorce, nor does it provide for freedom of religion or freedom from religion. The rabbis retain their authority, and proposal calls for no legal oversight of their rulings.
Except for the ultra-Orthodox, most of Israel's civilian population, except for, wants a constitution.
But the good folks who prepared the "Constitution by Consensus" fail to say who agreed with whom, and about what.
It is also worthwhile to know that this much publicized document was written by a committee of 10 Jewish men – no women, no Druze, no Muslims, no Christians. There is agreement between religious and secular, at the expense of women's freedom and full equality for all citizens.
Barefoot and pregnant
And so women continue to have what to fight for, and this is the time to bring several issues to the fore.
We must remember that "Jewish, democratic Israel" does not mean "Jewish" according to Martin Buber, Moses Mendelssohn, Yosef Chaim Brenner, Prof. Hugo Bergman and the like.
Rather, it means the rabbis, the mohalim (ritual circumcisers), and the kosher inspectors. It means the burial societies and the ultra-Orthodox rabbinic courts, who drop into our lives and view women as little more than sexual temptations.
Our voices are considered pornographic, and they believe our place is in the home, preferably barefoot and pregnant, all the while pleasing our husbands.
Agree to disagree
In a democracy there is only one basic consensus: that we can agree to disagree about issues of religion and law. Therefore, there are periodic elections, therefore there is an opposition and a coalition, therefore, a new government arises following every election with a new course of action, and things change by dialogue between differing positions changing needs.
And so, my democratic friends, women and men alike, on International Women's Day – remember to demand your political parties ensure equal rights for all women and men, and for all citizens of this country. Now, during an election campaign, is the time to press those who would represent us – demand meaningful democracy as it is promised in the Declaration of Independence and is fitting for a democratic country.
We women are happy to celebrate, but we still demand equal rights with regard to family matters, the workplace, salaries, and representation in all spheres of life.
And we certainly expect our male supporters to join our struggle to build a society in which all enjoy equal rights – women and men alike, regardless of background, ethnicity, religion or gender.
