Background
The Equal Rights Law, which came into effect on 1 January 1999, lays the groundwork for achieving unprecedented social change in all the areas of life in which people with disabilities have been discriminated against. However, the mere existence of legislation is insufficient to achieve this change, as many laws are written into the books but are not implemented. Intensive activity is required to ensure that a law will actually be implemented, enforced, and that the public is made increasingly aware of that law. Accordingly, Bizchut works with the Knesset, the courts, and with the broader public to ensure the implementation of the law.
Below is a review of the success of implementation to date.
Employment
Employer's obligation to modify the workplace: Part of the prohibition of discrimination in the Equal Rights Law includes an employer's obligation to modify the workplace and certain requirements of the work itself in order to meet the special needs of the employee with disabilities. Such modifications include: the placement of ramps for workers in wheelchairs; additional time on entrance examinations for job candidates with learning disabilities; flexible work hours for a worker who needs to receive treatment related to his/her disability or the disability of his/her child, etc. Non-compliance with modifying the workplace constitutes illegal discrimination.
So that the full economic burden of performing these modifications does not fall solely on the employer, the law establishes that the Minister of Labor and Welfare and the Minister of the Treasury must create regulations establishing the state's participation in renovation expenses incurred by the employer.
Although the regulations were, in fact, approved by the Labor, Welfare, and Health Committee of the Knesset in November 2001, the Minister of the Treasury refused to sign on to them and put them in effect. Bizchut is actively working with government ministers to ensure that the regulations will be signed and made effective as soon as possible.
Accessible parking in the workplace: The Equal Rights Law establishes that people with disabilities be given preference in parking at the workplace. The Knesset approved regulations that obligate the employer to provide exclusive accessible parking spots for employees with mobility limitations.
In order to qualify for accessible parking, a worker must have a disability specifically defined in the Equal Rights Law, and special 'handicapped' license plates as specified in the Handicapped Parking Law of 1993.
The obligation to provide accessible parking is incumbent upon any employer with more than 5 employees, who has at least 3 parking spaces near the workplace (even if these are reserved for senior management.)
The obligation is incumbent on employers in the private sector as well as the public.
Public Transportation
The Supreme Court's View of Accessible Public Transportation
Regulations Concerning the Provision of Accessible Public Transportation
Accessible Public Transportation - In Reality
Equal Rights Commissioner for People with Disabilities
The commissionership was established in August 2000. Dr. Dina Feldman is the current Commissioner after the first Commissioner, Attorney Ariela Auphir, resigned from the position. In its initial stages of activity, the commissionership concentrated on matters of accessibility and in advancing the integration of individuals with disabilities within the free job market.
Coalition of Organizations for the Advancement of the Equal Rights Law
A key element in ensuring the implementation of the Equal Rights Law is the Inter-Organizational Coalition for the Promotion of Equal Rights for People with Disabilities.
The Coalition, founded under the auspices of Bizchut, works to promote implementation of the Equal Rights Law and to advance legislation and community projects that promote the full inclusion of people with disabilities in mainstream society.
The Coalition consists of 27 member organizations in addition to Bizchut, who work to advance the rights of people with disabilities. The organizations work in the field and represent people with all types of disabilities - developmental, physical, emotional, learning disabilities, and mental illness. The Coalition acts as a link between advocacy groups and field workers. The wide geographical distribution of these organizations gives expression to people with disabilities from all over Israel, including the Arab sector, to the kibbutzim and moshavim, and the Haredi community.
Through the writing of letters, public pressure, the distribution of position papers, participation in Knesset debates, meetings with government ministers, and the lobbying of Knesset members, the Coalition has succeeded in:
Ensuring that the regulations mandated by the Equal Rights Law have been approved by various government ministries.
Ensuring that the necessary allocations for the implementation of the law have been budgeted.
Accompanying the draft legislation (the Equal Rights Law Amendment of 2000) throughout the entire legislative process, with a constant presence in the Labor, Welfare, and Health Committee of the Knesset.
Because of its widespread contact with the broader society, the Coalition plays a key role in publicizing the Equal Rights Law among people with disabilities, their families, the local authorities, service providers, and employers. Bizchut, together with the Coalition, have published a guide to the Equal Rights Law, and is actively involved in an information campaign to raise societal awareness of the law and the rights that it imparts.
The Coalition has also taken upon itself to advance fair representation of people with disabilities in the workplace.
The Member Organizations of the Coalition under the Auspices of Bizchut
The Galil Association
The Association for Prader-Willi Syndrome
AHDA - Educational and Cultural Institutions of the Union of Kibbutz Movements
Ofek Liyladenu- Israel National Association of Parents of Visually Impaired Children
ACHA - The Association of the Deaf in Israel
Isaac Israel - Alternative Communications
Eitan - The Israeli Association for Rare Disorders
API - The Asperger Syndrome Association in Israel
Bizchut - The Human Rights Center for People with Disabilities
Beit Issie Shapiro
Beit Noam - Day-care Center for the Developmentally Disabled
The Association for Multiple Sclerosis
Bekol - Organization of the Hard of Hearing and of Progressively Deaf
Hilel - Parents of Children with Learning Disabilities
Hitmodedut - Organization for the Mentally Ill in Israel
Hemed - Organization of the Handicapped of the Kibbutzim
Yated - Downs Syndrome Children
Mazor - Organization of the Handicapped for the Handicapped
Mateh - Headquarters for the Struggle of the Handicapped
Handicapped Now! - The Movement for Rights for People with Disabilities
Otsmah - National Forum for Families of the Mentally Ill
Parents Forum of Children with Multiple Disabilities
Forum of the Blind and the Sight-Impaired in Israel
Forum of Parents Organizations for Children with Learning Disabilities
Kesher - Information Center and Advice for Parents
Hope for the Child - Neve Tzvi
