Center for Women's Justice Israel
Encyclopedia
Center for Women's Justice is a public interest law firm devoted to advancing and protecting the rights of women to justice, equality and dignity under Jewish law in Israel. CWJ is a member organization of ICAR, the International Coalition for Agunah Rights.

First Cases and Approach to Changing the System

CWJ was founded in Jerusalem, in 2004, by attorney Susan Weiss. CWJ initiated the practice of suing recalcitrant husbands (men who refuse to divorce their wives under the authority of Jewish - and by default Israeli - law) for financial damages (torts) in Israel's civil courts. CWJ has stated that they intend to file as many claims for get
Get (divorce document)
A is a divorce document, which according to Jewish Law, must be presented by a husband to his wife to effect their divorce. The essential text of the is quite short: "You are hereby permitted to all men," i.e., the wife is no longer a married woman, and the laws of adultery no longer apply...

 abuse as possible across the country. Their declared goal is to make it an established legal certaintly in Israeli courts that get refusal is no longer understood as a religious right, but rather as a civil wrong requiring the awarding of financial damages.
In 2007 CWJ sued the Israeli Justice Ministry
Justice Minister of Israel
The Justice Minister of Israel is the political head of the Israeli Ministry of Justice and a position in the Israeli cabinet. The current minister is Ya'akov Ne'eman, an independent who is not a member of the Knesset....

 for 4.5 million NIS on behalf of an Israeli woman who had been denied a divorce from her husband for 18 years. The suit alleged that the Supreme Rabbinical court was guilty of criminal negligence for having assisted the husband in extorting the wife in exchange for a divorce. In 2010 CWJ was one of a number of organizations who filed suit against Israeli Justice Minister Ya’akov Ne’eman
Yaakov Neeman
Ya'akov Ne'eman is an Israeli lawyer and the current Minister of Justice.-Biography:Ne'eman was born in Tel Aviv during the Mandate era. He studied law at Hebrew University of Jerusalem, earning a LL.B in 1964...

 to repeal an Israeli law which prevents women from applying for the position of the executive director of the Rabbinical court.

Rulings and Precedents

  1. Jer. Fam Ct. 2001: There is a Cause of Action in tort for Get Refusal (Judge B.Z. Greenberger)
  2. Jer. Fam. Ct. 2004: Orders Husband to pay 425,000 NIS damages for Get Refusal, subject to Rabbinic Ct. order - hiyuv (Judge M. HaCohen)
  3. Jer. Fam Ct 2008: There is a Cause of Action for aiding and abetting Get-Refusal (Judge Nili Maimon)
  4. Jer. Fam Ct. 2008: There is a Cause of Action for Get Refusal unrelated to Rabbinic Ct order to give Get Orders Husband to pay 550,000 NIS in damages for Get-Refusal (Judge B.Z. Greenberger)
  5. Tel Aviv Fam. Ct. 2008: Tort of Get Refusal is determined by examining the facts of each case. Orders Husband to pay 700,000 NIS in damages for Get-Refusal (Judge T. Sivan)

CWJ Precedents used in other cases

In 2008 Canada’s High Court of Justice ruled in favor of a woman who had sued her husband for damages for breaking contract by refusing to grant a get
Get (divorce document)
A is a divorce document, which according to Jewish Law, must be presented by a husband to his wife to effect their divorce. The essential text of the is quite short: "You are hereby permitted to all men," i.e., the wife is no longer a married woman, and the laws of adultery no longer apply...

. The landmark decision cited a 2004 precedent-setting Israeli case in which CWJ won damages for a woman who had been denied a get for 11 years.

Involvement in Conversion Issues

CWJ became involved in conversion issues in Israel when they took on a client who’s Jewish status had come into question during a standard divorce case. In the process of divorce proceedings the rabbinic judge began to question the religious observance of the wife, a convert to Judaism. Instead of receiving a divorce, the rabbinic courts revoked the conversion – an unheard of decision - as according to Jewish tradition a conversion once completed is irrevocable. The original decision not only revoked the woman and her children’s Jewish status, but also brought into question all of the conversions done under the authority of Rabbi Haim Druckman
Haim Drukman
Haim Meir Drukman , born 15 November 1932) is an Israeli Orthodox Rabbi and former politician. Today he serves as Rosh Yeshiva of Ohr Etzion Yeshiva, the head of the Bnei Akiva Youth Movement and Center for Bnei Akiva Yeshivot.-Early life:...

, the head of the Conversion Authority within the Israeli Prime Minister’s office. CWJ was joined in the suit by several organizations including Na’amat, WIZO and Emunah.

Debate over Civil/Religious Jursidiction

In May 2009 the Israeli High Court of Justice gave the Dayanim of the Higher Rabbinical Court 90 days to justify their decision to revoke the conversions done under the auspices of Rabbi Haim Druckman’s conversion court. One of the petitioners was represented by CWJ. Shimon Ya’acobi, attorney for the Rabbinic courts argued that the matter rested solely under the jurisdiction of the Religious courts and the Secular courts had no authority to rule on the matter. Druckman’s special conversion court, while dealing exclusively with religious conversion, operated out of the Prime Minister’s office and was not under the jurisdiction of the Rabbinical courts.

Opposition from Rabbinic Courts

In 2008 the Supreme Rabbinic court of Israel issued a decision stating it illegal (according to Jewish law) for a woman to file a claim for intervention from a civil court while divorce proceedings are ongoing. The decision claimed that a ‘validly coerced’ get can only be attained through pressure from Jewish religious courts, and not through the ‘gentile’ civil courts. The decision also accused attorneys who advise their clients to file claims in civil court of malpractice.

Educational Projects

CWJ’s educational efforts include a series of YouTube videos. These videos feature a fictional character known as “Savta Bikorta” or “Grandmother Criticism” who narrates the stories of some of CWJ’s real-life court cases in a highly sarcastic tone. In the summer of 2011 CWJ introduced a blog. Blog posts feature CWJ staff, volunteers and interns grappling with the issues they encounter in their daily work with the organization. CWJ Social Awareness Coordinator Rivkah Lubitch has a regular column on Ynet, the website of Israeli paper Yediot Ahronot, in which she discusses issues of religion, state and gender as experienced in her work with CWJ.

CWJ Staff members

  • Susan Weiss, Adv. - Founder and Director

  • Rivkah Lubitch - Rabbinic Pleader and Social Awareness Director

  • Yifat Frankenburg, Adv. - Attorney

  • Elana Sztokman, PhD. - Director of Projects and Media Relations

Board of Directors

  • Yoske Ahitov

  • Anita Bernstein

  • Sara Craimer

  • Dr. Aviad HaCohen

  • Leah Kraus

  • Tova Osofsky

  • Rabbi Dr. Ariel Picard

  • Yehudit Schweig

  • Barbara Sofer

  • Professor Danny Statman

  • Miriam Zussman

External links

The source of this article is wikipedia, the free encyclopedia.  The text of this article is licensed under the GFDL.
 
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