The bill adoption’s main consequence would be aggravated enforcement in Israel so called Convention on the Rights of the Child (hereafter, CRC). The CRC prescribes the only “Right” for the child – to be separated by force from his (her) parents “in his ) her best interest” – see Article 9 – the only clause with real sense in this document. The core idea of the bill is to cancel the acting legislation’s’ assumption of parental rights. These rights are already reduced to the “guardian” / “custodian” level. The bill establish so-called “parental responsibility for the children’s good” instead the parental Rights. This small terminological change would cause great change in enforcement. It would be more than enough for Israel activist Court system to use the new Law to secure courts’ unrestricted power to intervene in private family relations, to rule, to control the family institution in the country.
The bill sponsored by equality (!) minister Gila Gamlieli and Member of Knesset Yoav Kish (both, Likud) in attempt to broaden support for the bill included in it the section which would have canceled the so called Tender Years Presumption in the current Family Legislation, which says that in divorce, children under six will be in their mothers’ custody on default (automatically).
Most of coalition members (Likud, Jewish Home) voted in favor the bill. Vocal leftist extremist opposition speaker – Zahava Gal’on claimed mother’s need to use their children as a weapon in her war on man during divorce (famous feminist mantra “to empower women” by any price). She blasted the Bill sponsors for their “betrayal” of mother’s rights. All numerous Knesset feminists from opposition factions (Labor, Meretz, Yesh Atid) and even from coalition member “Kulanu” faction were conscripted against the bill (for short review on parties currently represented in the Knesset see our short report).
Even so-called “orthodox” Shas party objected against the clause which actually fits Halacha (Jewish traditional Law) not against clear attempt of the Bill to challenge 5th Commandment: “Honour thy Farther and Mother that thy days may be long upon the Land which the Lord thy God giveth thee” void and introduce instead something like “.
The attempt to declare 5th Commandment void in the Knesset of Israel failed this time. But we haven’t got any reason for optimism regarding new Big Government’s attempts to wage Jihad against the family institution. We addressed this danger in our reports previously (gender role of Government; Limits of Governmental intervention…) and we are full of resolution to advance further ideas of strong family institution, priority of parental power and responsibility free from Big Government “care” and interventions .