Israel – IMM situation

IMM name: The Commission for Equal Rights of Persons with Disabilities, Ministry of Justice

IMM type: Equality body

CRPD ratification date: 28 September 2012

IMM legal framework: Government resolution No. 5100 from 10 Sep 2012

Israel ratified the CRD on 28 September 2012. The Commission for Equal Rights of Persons with Disabilities was established within the Israeli Ministry of Justice in August 2000. The Commission is charged with implementing the 1998 Equal Rights for Persons with Disabilities Law and other laws concerning persons with disabilities. Upon ratification of the Convention on the Rights of Persons with Disabilities by the Israeli government in September of 2012, the Commission was appointed by government resolution No. 5100 on 10 Sep 2012 as a focal point and coordinating body relating to the promotion, protection, and monitoring of the implementation of the Convention, according to Article 33 of the Convention.

The IMM is an equality body and is part of the Israeli Ministry of Justice. The Ministry of Justice is one of the key administrative ministries of the government of Israel. It functions to render justice and serve the public in the judicial sphere in accordance with government policy, while protecting the rule of law, human rights and the fundamental values of the State of Israel as a Jewish and democratic state in which all are equal before the law. The Ministry is in charge of a wide range of legal and professional matters.

In order to promote the implementation of the Equal Rights Law, and pursuant to Article 33 of the Convention calling for the designation of one or more focal points within government for the promoting and monitoring of the Convention, the Israeli Government designated the Commission as the entity responsible for incorporating and supervising the implementation of the Convention. The Commission was established according to the Equal Rights Law within the Ministry of Justice as a national body dedicated to ensuring and advancing the equal rights of all people with disabilities. The Commission was founded in 2000 and is charged with promoting and enforcing the Equal Rights Law, as well as other laws that concern people with disabilities, in order to promote equality and abolish discrimination, to promote inclusion and active participation of people with disabilities in Israeli society. The Commission is a separate body within the Minister of Justice; it has separate budget, offices and personnel and has a quasi-jurisdictional competence.

The Commission has three regional branches -in Jerusalem, Tel Aviv-Jaffa and Haifa. The Commission provides information and legal advice, works to raise awareness, issues guidelines, promotes legislation and policy changes, performs inspections, collects data and organizes courses, professional training and lectures regarding the rights of the persons with disabilities. In addition and as a vital component of its operations, the Commission exercises its statutory enforcement powers. Thus, the Commission files lawsuits demanding non-discrimination and accessibility in relation to employment, public places and services. The Commission also has specific authority to inspect the accessibility of public places and services and issue accessibility orders, accordingly, as outlined below. Furthermore, the Commission has the role of receiving complaints addressing discrimination under the Law.

Following complaints, civil and criminal proceedings can be filed by the Commission to the relevant courts. The Commission also submits position papers in various ongoing court cases. Proceedings can result in a range of remedies, including compensation to the complainant payable by the discriminating party.

The IMM is also mandated with the following functions:

• Promoting the rights of persons with disabilities, including through education, outreach, the media, training and capacity building. The Commission considers awareness-raising to be one of its main priorities. The Commission's vision is to promote equal rights for people with disabilities not only through the use of legal tools but also through social tools such as social media, campaigns, and training seminars. The Commission's activities towards this end include, inter alia: increasing awareness through the Israeli media, maintaining an annual public awareness-raising campaign, conducting awareness–raising activities, lectures, and seminars
• Protecting the rights of persons with disabilities, including by receiving, investigating and resolving complaints, or by mediating conflicts and monitoring activities and reporting: The Commission receives approximately seven thousand complaints and inquiries per year, it provides information and guidance, mediates conflicts and acts to resolve complaints, investigates relevant cases and files civil and criminal lawsuits as well as class actions
• Monitoring the implementation of the CRPD; the commission holds inspections regarding accessibility and adequate representation in employment and acts through its legal authority when necessary. Acts to protect the rights of persons with disabilities in all areas of life, policies and legislation. It also holds unannounced visits in out-of-home living services and psychiatric hospitals. The commission collects statistical data regarding persons with disabilities in Israel, as well as relevant information from government offices.

The Commission acts in all areas under its responsibility according to an annual plan and had/has undertaken following activities:

• Evaluating policy, legislative and administrative compliance with the CRPD. The Commission is involved in legislation and policies, aimed at promoting compliance with the CRPD
• Offering legal and policy advice to ensure compliance with the CRPD and other relevant international human rights obligations of the State. The Commission works with all government offices to promote policies that are compliant with the CRPD and make the necessary policy and legal adjustments
• Initiating or undertaking research studies on the rights of persons with disabilities: The commission publishes annual statistical data, holds research studies (such as people with disabilities during COVID-19 crisis, Accessibility index, social participation of people with disabilities)
• Receiving and considering complaints or reviewing the outcome of complaints received by the NHRI: The Commission receives thousands of complaints per year and acts to resolve them
• Undertaking investigations on the rights of persons with disabilities. Inspections and investigations are held regarding accessibility, employment, discrimination in services and general issues regarding rights of people with disabilities
• Participating in the preparation of the State party’s periodic reports to the CRPD Committee; the Commission takes part in the preparation of the State party's periodic reports to the CRPD Committee
• Cooperating with other domestic mechanisms, as appropriate, such as the Parliament, the National Preventive Mechanism (NPM), National Human Rights Institutions (NHRI) and Equality Bodies, with the aim to reinforce human rights monitoring and reporting at the national level. The Commission works closely with numerous public sector entities, namely with the parliament and the State Comptroller on relevant issues
• Liaising with the focal point(s) designated within government under Article 33(1) for matters relating to the Convention’s implementation. As the focal point for all issues regarding the rights of people with disabilities, the Commission works with all government ministries and agencies on issues relevant to the Convention's implementation
• Liaising with National Mechanisms for Reporting and Follow-Up on matters relating to the implementation of the CRPD, the Commission works with the International Law Department and with the Ministry of Foreign Affairs, including missions to the UN and provides data for reporting and follow-up.

The IMM’s membership is composed of persons with disabilities and representatives of organisations of persons with disabilities. The Commission has an Advisory Committee. The Law requires that most of the members of the Advisory Committee be persons with disabilities. Furthermore, women with disabilities and their representative organizations participate in the membership and managerial functions of the independent monitoring mechanism. The government appoints the Commissioner. The Commission's staff are civil servants and are employed according to all public service laws and regulations. The Advisory Committee is appointed once in three years; its 18 members are comprised of representatives from NGOs or advocacy groups, academic experts, legal experts, and public representatives.

The monitoring activities in which persons with disabilities or their representatives’ organizations have been involved include:

• Monitoring of public policies and legislation concerning persons with disabilities
• Monitoring the situation of persons with disabilities in institutions such as residential care centres and other places of institutionalisation
• Participating in joint initiatives between the National Preventive Mechanism or the Independent Monitoring Mechanism to monitor places of detention, including prisons, police stations and mental health institutions.

The persons with disabilities attend the decision-making process of the Independent Monitoring Mechanism, they have a voice throughout the deliberations. The persons with disabilities as designated experts on disability are invited and/or hired to support specific programmes in the Independent Monitoring Mechanism. Persons with disabilities monitoring their rights may submit findings or allegations of human rights violations to the Independent Monitoring Mechanism.

Note: If you wish to rectify or provide more information regarding your IMM, please contact ohchr-CRPDIMM@un.org