ISRAEL, CEDAW/C/ISR/CO/5

Female migrant workers

42. The Committee expresses its particular concern at the disadvantaged situation of female migrant workers in the country. In this respect, the Committee is concerned at the difficult working conditions of female migrant workers, who are employed primarily as inhome care-givers, and that they work on a round-the-clock basis with mandatory live-in arrangements. The Committee also notes with concern the 2009 Supreme Court decision in the matter of  Yolanda Gloten vs. the National Labour Court, by virtue of which migrant home care givers are excluded from the Hours  of Work and Rest Law, providing basic labour law protections to workers in the State party generally. Furthermore, the Committee is seriously concerned at the State party’s existing policy that migrant workers who give birth must leave the State party with their baby within three months of giving birth or send their baby out of the State party’s borders so as to safeguard their work permits. The Committee is equally concerned that marriage and intimate relationships between migrant workers under an existing State party policy constitute cause to revoke the couple’s work permits.

43. The Committee urges the State party to:

(a) Extend and enforce all labour law protections, including health and safety standards, for all female migrant workers, including migrant home care workers,ensure their access to legal remedies, and allow them to negotiate freely with their employer whether to reside in the employer’s household or not; and

(b) Revoke its policies with regard to cancellation of work permits for migrant workers in cases of child birth, marriage  and intimate relationships, in accordance with the State party’s obligations under the Convention and the Committee’s general recommendation No. 26 on women migrant workers.

Bedouin women

44. The Committee notes the establishment, in 2007, of the Advisory Committee on the Policy regarding Bedouin Towns as well as the detailed information provided in the State party’s reports on the situation of Bedouin women and girls in the Negev desert, including the increase in their school enrolment rates and decline in infant mortality. Nevertheless, the Committee reiterates its concern that Bedouin women remain in a disadvantaged and marginalized situation, especially with regard to education, employment and health, and their access to land. The Committee also reiterates its concern at the situation of Bedouin women who live in unrecognized villages with poor housing conditions and limited or no access to water, electricity and sanitation.

45. The Committee urges the State party to:

(a) Continue to take effective measures to eliminate discrimination against Bedouin women and to enhance respect for their human rights through effective and proactive measures, including in the fields of education, employment and health;

(b) In its planning efforts in the Negev area, respect the Bedouin population’s right to their ancestral land and their traditional livelihood; and

(c) Include, in its next report, detailed information on any national policy, strategy or programme carried out by the State party to improve the situation of Bedouin women and girls, including their access to health care, education and employment, as well as the impact and achievements of such governmental initiatives.