Disability Rights in Israel – A Summary
The following article gives an overview of disability rights in Israel. We believe it is important that every person with disabilities understands their rights, because every person deserves to be treated equally and with dignity. Therefore, by knowing your rights you can insist that you always be treated fairly.
Here you will find a brief and accessible summary of the most important legislation on the matter: the Equal Rights for Persons with Disabilities Law. The article will also point out the legal remedies available to you if your rights have been violated. If you require legal advice or assistance on disability rights in Israel, please contact our law office: 03-3724722.
The “Equal Rights for Persons with Disabilities” law
In 1998, the Knesset, Israel’s legislative body, passed the “equal rights for persons with disabilities” law. It is the cornerstone of governmental policy on the matter of disability rights in Israel. The law is based on the belief in the intrinsic dignity of all human beings. Accordingly, it is intended to safeguard the individual rights of people with disabilities in Israel. For the purpose of this law, a disabled person is defined as an individual with a physical, cognitive, or mental impairment (whether permanent or temporary) that substantially limits the person’s capacity to function in a major sphere of their life.
The primary types of disability rights protected by the law in Israel
Disability rights that are legally protected in Israel can be grouped into four main categories:
- The right to equal opportunity – Israelis with disabilities have the right to receive the same opportunities in life as anyone else. In particular, they should have equal access to education and employment. Therefore, it is illegal to discriminate against a disabled person on account of their disability.
- The right to privacy – It is illegal for an Israeli employer or service provider to pressure a person to disclose whether they have a disability. Likewise, it is against the law to ask invasive questions about a person’s disabilities. Instead, when a person presents their certificate of disability, they deserve to be immediately provided with the service to which they are entitled.
- The right to accessibility – All public places in Israel are required by law to be accessible to people with disabilities. This requirement extends also to privately run institutions that serve the general public. All these places must be accessible to people with impairments in mobility, sight, and/or hearing. Additionally, instructions and procedures should be able to accommodate a person’s cognitive or psychological limitations.
- The right to economic security – The Israeli government recognizes that a disability can be a debilitating financial burden. Therefore, people with major disabilities are entitled to a monthly disability pension and to a certificate of disability that provides discounts in many public and private institutions. Additional financial assistance from the government may be available depending on the nature of the disability.
The right to equal opportunity
People with disabilities have the right to the same opportunities in life as any other person. Therefore, it is illegal for an employer to discriminate against an employee with disabilities. Similarly, if a disabled person is qualified for a position, then a job cannot be denied from them on account of their disability. Moreover, it is the responsibility of the employer to make all the necessary adjustments required to accommodate their disabled employees’ needs. Albeit, only as long as it does not present an undue burden on the employer.
Asking an employee about their disability is a type of illegal discrimination in Israeli law. However, it is permitted if the purpose of the inquiry is to benefit the employee with disabilities, for example, by making the workplace more accessible for them.
Affirmative action
The legislature in Israel mandates a certain quota of employees with disabilities for all public institutions. This is to ensure the right to equal opportunity for people with disabilities. Accordingly, any large public entity is required by law to ensure that at least 5% of its workforce is composed of people with disabilities. Private employers with at least 25 employees are instructed to be mindful of this as well. It is their legal responsibility to guarantee adequate representation of people with disabilities in their company.
The right to privacy
When services are provided to a person with a disability, the services must be rendered in a way that respects their right to privacy. It is therefore illegal for service providers to ask a disabled person to elaborate on the nature of their disability. The service provider is not permitted to subject a disabled person to invasive questions. They should simply grant them the discount or exemption to which they are entitled.
The right to accessibility
People with disabilities deserve to have full access to the same locations as anyone else. In other words, it is their right to have easy access to any public institution, service, or recreational opportunity. Accordingly, all local municipalities must ensure that crosswalks and sidewalks are fully accessible to people in wheelchairs. Additionally, the law requires that public transportation and all public spaces be made accessible. This also includes privately run institutions that serve the general public. All these sites must be made accessible to persons with disabilities. The only exception is if there are insurmountable engineering constraints or similar legitimate concerns.
Different types of accessibility
All institutions of health and education are required to make their facilities fully accessible to people with disabilities. In these places, there must be easy access for persons in wheelchairs. Signs in braille or audio announcements for the blind must accompany any written signs. Likewise, there should be closed captions or a sign language translator for the deaf. Furthermore, instructions should be adapted to a person’s mental, cognitive, and neurological needs and limitations (including those of people on the autism spectrum).
Public and governmental services must ensure that there is no undue burden on people with disabilities. Moreover, their services must be of the same high quality as for the rest of the general public.
The right to economic security
In addition to these legal protections, people with disabilities in Israel have the right to economic security. Individuals with disabilities often face greater barriers in navigating professional life. Their disability also places an added financial burden on them. Therefore, people who suffer from disabilities that greatly affect their capacity to work qualify for a monthly disability pension from the National Insurance Institute (Bituach Leumi). They will also receive a certificate of disability which can guarantee certain discounts and exemptions in many institutions.
Israel also protects the financial rights of disabled individuals with pre-existing medical conditions. It is illegal for insurance companies, banks, and financial institutions to discriminate against people with disabilities. This extends also to disabilities and ailments that may shorten one’s lifespan. People with pre-existing medical conditions are entitled to purchase life insurance and receive financial loans without discrimination.
How to protect your rights
The first step a person with a disability can take is to ensure that their condition is recognized by the State of Israel. For example, there are several different stipends and grants that are available to a person with disabilities. The most broadly applicable monthly stipend is the general disability pension from the National Insurance Institute. Additionally, a recognized disabled person will receive a certificate of disability. This certificate is proof of their legal status as a person with disabilities.
Equipped with a certificate of disability, a disabled person is empowered to demand all the protections to which they are entitled. If anyone continues to disregard someone’s rights to equal opportunity, privacy, accessibility, and economic security, then a disabled person should consider taking legal action against them.
Legal remedies if your disability rights have been violated
Unfortunately, institutions and individuals occasionally violate someone’s disability rights in Israel. In such cases, the person with disabilities may sue the offending party for damages. Seeking justice will discourage the offending party from violating the rights of others in the future. Therefore, such lawsuits are beneficial both to the immediate victim of oppression and to other people with disabilities. Sometimes, even a governmental institution may violate someone’s disability rights. However, an experienced lawyer may be able to ensure one’s rights are respected.
Occasionally, Bituach Leumi will unjustly refuse to acknowledge that a person with disabilities indeed qualifies as such in the legal sense. If a disabled person is unable to have a certificate of disability issued in their name, it can be very difficult for them to safeguard their rights. However, often these decisions can be appealed, and when justified, reversed.
Additional articles of interest
If you found this article helpful, then you will probably find many other articles on our website which may be of interest to you, including The Benefits of Being Registered as Disabled in Israel, Applying for a Disability Pension in Israel, How to Get a Disability Card in Israel, Applying for an Accessible Parking Permit in Israel, and many more.
Contact us
The attorneys in our law offices have a great deal of experience in protecting the rights of Israeli residents and in liaising between private citizens and the authorities. If this article leaves you with more questions regarding disability rights in Israel, feel free to contact us. If you require legal advice on this topic or any other legal subject, please contact our law offices, and we will be glad to assist you.
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