By A.M. Goldstein
HAIFA
—The way Israeli courts interpret the country's sexual harassment law may
actually perpetuate stereotypes about women and, worse, hurt their battle for
equality in society.
A
University
of
Haifa Law Faculty
lecturer, Dr. Noya Rimalt, hurled this criticism Sunday, Feb. 5, at the
1998 legislation after studying scores of verdicts in sexual harassment cases.
"The rulings are in contradiction to the original feminist critique,"
Rimalt charged on the basis of her research.
"They miss its educational and declarative goal."
That
goal, the
law teacher explained, was equality.
The
feminist criticism stressed the fact that sexual harassment is a practice of
gender discrimination. It preserves women's lower status in society.
"In contrast," Rimalt argues, "the Israeli
courts emphasize the harm done to a woman's dignity
and that women are humiliated
by sexual harassment. This
is paternalistic and
a stereotype, and
equality disappears.
The court system sends out a moral
message, one
that ignores the principal harm—which
to the equal status
of women in society."
Rimalt
does not belittle the legislation, which led to more meaningful punishment for
the guilty and to tougher enforcement against acts of sexual harassment.
On the other hand, she urges an examination of the problematic aspects of
the law.
"It is especially worrisome," she says by way of indirect criticism,
"in light of the fact that the law came at the initiative and inspiration
of feminist organizations. They
were partners to what went into it.
The
University
of
Haifa
legal scholar believes that the basic assumptions guiding the courts in their
interpretation and enforcement of sexual harassment law must be reexamined.
"The law must be transformed into a much more effective tool for
eradicating the phenomenon," she urged.
A.M.
Goldstein is the English language editor for the University of Haifa's Department
of External Affairs.
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