In response to a petition submitted to the Supreme Court by The Association for Civil Rights in Israel (herein ACRI) in the name of The Working Group for Equality in Personal Status Issues, the state announced its intention to act to ensure the appointment of four Arab social workers to counseling units attached to family courts. The petition, which was submitted in June 2005 by ACRI Attorney Sonia Boulos, asks the court to order the state to make these appointments to the units working with six family courts located throughout the country. Attorney Boulos explains in the petition that the lack of Arab social workers acts as a barrier to Arab petitioners who do not speak Hebrew, and denies them absolutely any chance of utilizing the multiple services that are provided by the counseling units. Moreover, even if Arab petitioners speak Hebrew they are still limited in their ability to full utilize these services as the non-Arab social workers are unfamiliar with the culturally specific concerns that are relevant to Arab families; an understanding that is crucial to the creation of a sufficient level of trust in the system, which will facilitate an effective processing of their case. During the week of 9.2.06, the state announced that as a result of a meeting by officials in the Ministry of Justice, in response to this petition, it was decided to actively expedite the appointment of 6 additional social workers to the counseling units, four of which would be targeted at Arab social workers in accordance with the policy of fair representation. As a result of these appointments the percentage of Arab social workers would rise from 2.5% to 12.5%. The Working Group for Equality in Personal Status Issues is comprised of the following organizations: ACRI, Women Against Violence, Tufula Center, “Kayan” (a feminist organization, and The Israel Women’s network.
The counseling units that are located throughout the country, were established by virtue of law by the Family Courts, and their purpose is to provide assistance to families who are petitioning the family courts, to effectively deal with the multiple crises associated with family court litigation, and to assist the court justices to reach a decision that does not have a long term negative impact on the relationship of the petitioners. There are currently 13 of these counseling units, which employ 43 social workers only one of whom is Arab. The dire lack of Arab social workers, explains Attorney Boulos, adversely discriminates against Palestinian society in Israel in relation comparison to Jewish petitioners, because it denies them equitable access to counseling and support services. This is in addition to the discrimination arising from the violation of the Civil Service Law (appointments), which places an obligation on government ministers to ensure that Arab citizens are fairly represented by the civil service. The state should not be satisfied with a formalized adherence to the right to equitable court access, adds Ms. Boulos, it should also ensure that the all the associated services that it provides through these counseling units are provided on an equitable basis, and in a manner that reflects the unique requirements of a specific social group with distinct cultural characteristics. The situation on the ground, the petition states, reflects a blatant discrimination in the provision of these services, in way that is liable to cause Arab spouses to give up on their right to choose the court system as the appropriate body for the initiation of legal proceedings. Denied access to this vital mediation service, which acts as a moderating force and prevents unnecessary escalations, also results in denied access to information regarding legal rights entitlement, an effective understanding of the legal process, and a general humanization of the legal proceedings. The petition further notes that in the absence of Arab social workers, Arab petitioners turn to various “conciliation committees” which are located in some of the Arab villages, which comprise, principally, of male village elders and religious figures. The reliance on these committees as a means of resolving conflicts, whose members are devoid of any relevant skills for dealing with the needs of the couple and their children, is liable to worsen the family’s situation and their level of anguish. The petition further emphasizes that it is women who suffer most from the committees’ involvement, as they are conservative traditional bodies that do not display any sensitivity to the needs of women and their rights.
The Working Group for Equality in Personal Status Issues welcomes the state’s announcement and hopes that a rapid solution will be found for petitioners in areas such as Beersheba and the Negev that are not covered by the planned appointments, and thus will not be provided with any suitable solution.
last updated : 02/03/06
