Women's Human Rights: Dichotomy between Religion and Secularism in Israel

The article deals with the dichotomy in Israeli law between religious and secular values as regards gender equality. This dichotomy pervades the legal system at all levels. At the constitutional level, religious values have preempted the introduction of an explicit right to equality for women. However, this limit has been largely circumvented by the constitutional right to human dignity and by Supreme Court jurisprudence, which has established the right to equality as a fundamental right. The Knesset has put personal status law – license and prohibition in marriage and divorce – beyond the reach of the principle of equality and the courts have not challenged this. On the other hand, the High Court of Justice has required the religious courts to apply the principle of equality to associated issues of family law. In areas of law not directly related to religious values and norms, a strong concept of gender equality has been developed both in legislation and in the courts, combining social accommodation for maternity and parenthood, with equal opportunity guarantees for women's participation in the labour force and the military, with affirmative action in public sphere economic activities and with protection against sexual violence as an inherent part of women's right to equality and human dignity.