Disability rights activists in Israel benefit from United Spinal’s vast experience in removing societal barriers.
By James Weisman
James Weisman, United Spinal general counsel, addresses a conference of Israeli disability advocates on a new civil rights law the Knesset passed for people with disabilities.
In 2005, the Knesset, Israel’s parliament, passed a major civil rights law for people with disabilities, amending one that already prohibits discrimination in the area of employment to include barrier removal and barrier-free design provisions.
The law states that all public places and every service provided to the public must be accessible to people with all types of disabilities. This applies to government, as well as public and private entities. The list of included locations and services is extensive, encompassing both national and local government offices, roads, traffic junctions and bridges, emergency services, health services, restaurants, movie theaters, hotels, beaches, supermarkets and stores, cemeteries, religious institutions, archeological sites and nature preserves. The law also includes an exemption provision which is applicable to businesses for whom the necessary work would impose an undue economic burden or when necessary adaptations are structurally impossible. The law allows for changes to be implemented over a number of years.
This progressive law will make schools accessible, prohibit discrimination in the issuance of insurance policies and oblige developers to make new residential buildings accessible. The law provides monetary damages for violations, establishes an “inspectorate” which will have the authority to order inaccessible locations to make adaptations or face criminal proceedings, and establishes a program to train and license accessibility experts who will be involved in approving applications for building permits.
Shekel for Your Thoughts
I just returned from Israel where I was invited to discuss implementation of this new law as a guest of Shekel, a disability organization. Shekel and B’zechut—the Israeli Human Rights Center for People with Disabilities—are organizations who advocated for the new mandates.
I was asked to discuss 15 years of experience in the US since passage of the Americans with Disabilities Act (ADA), both with regard to my involvement in regulation writing to implement the ADA and ADA enforcement activity in the US.
I advised Israeli advocates to push as hard as possible for the required changes but to balance aggressive advocacy with realism to develop an effective timetable. The audience included three members of the Knesset, including the transportation minister, disability advocates, many government agency workers concerned with disability programs, mayors and officials of local governments, and architects and engineers.
Perhaps the best advice I was able to provide was that Israel develop standards that are certain and measurable. For example, they should not draft a regulation that “all ramps should be traversable by people in wheelchairs.” A standard should be as specific as possible, such as “all ramps should provide at least one foot in length for every inch in height” so that compliance can be determined. A “performance standard” on the other hand, is impossible to enforce.
As we in the US know, not all people with disabilities will be able to access all facilities deemed “accessible.” Accessibility standards establish an average that most people with disabilities can use. Those with disabilities who cannot use even accessible facilities can be accommodated individually, assuming such accommodation is reasonable.
Israel’s disabled community worked hard for the new law and it is clear that their voices are being heard by elected officials.
James Weisman is general counsel.
