Center for the Defence of the Individual - Joint High Court petition: The Ministry of Interior must abide by the Law and swiftly process status applications for Palestinian victims of domestic violence
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חזרה לעמוד הקודם
14.07.2024

Joint High Court petition: The Ministry of Interior must abide by the Law and swiftly process status applications for Palestinian victims of domestic violence

On May 6, 2024, human rights organizations filed a petition to the High Court of Justice (HCJ) regarding the format of processing applications for legal status on humanitarian grounds, submitted by Palestinian women who married Israelis or East Jerusalemites and suffer from domestic violence. The petition was filed by the Association for Civil Rights in Israel, HaMoked, Itach-Ma'aki, Physicians for Human Rights-Israel, Woman to Woman, Women Against Violence and Women's Spirit.

Palestinian women who marry an Israeli citizen or permanent resident, depend on him as a "sponsor" for arranging their and their children’s status. In circumstances of domestic violence, this dependence creates a terrible catch: if they separate, they lose their status or residency permit and the attendant social security benefits. Their only viable escape path is by filing to regulate their status via the humanitarian option, established in Sec. 7(B) of the Citizenship and Entry into Israel Law. But this path does not provide a quick-enough response.

Two years ago, the Law was revised to establish a dedicated humanitarian committee to handle applications for status of victims – women and children – of domestic violence. The designated committee was supposed to convene in a separate panel and respond to these requests within three months of the submission of all documents – compared to "normal" waiting times of one and a half to four years, on average, for the regular humanitarian committee.

However, the Minister of Interior and the Population Authority effectively ignored the new stipulation; the designated committee was not established, and the waiting times have remained endless. Thus women in this situation remain with no legal status, single mothers without sources of income or support, at high risk of homelessness or prostitution; some return to their violent partner or lose custody of their children. One way or another, they again come to harm – emotionally if not physically – and do not receive the support, care and social assistance they require.

The petitioners demanded that a dedicated and separate panel of the committee be established, that would specialize in domestic violence, as required by law, and meet the shortened timeframe of three months. The petition also demanded that if the response was not provided within three months, as required by law, every abuse victim awaiting a decision by the designated committee would be given a temporary permit.

On July 11, 2024, the State submitted a preliminary response, claiming there was no need for a dedicated committee as the current committee members were authorized to review such cases and to do so with the warranted sensitivity. The response also guaranteed that the handling timeframe would be shortened and that an applicant’s permit would be renewed until a decision was taken in their humanitarian request, provided it was filed within 3 months of becoming necessary. 

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