IsraelEqual Rights for Persons with Disabilities Law, 5758-1998, ban on discrimination in public services, public places and products, with penalties and civil remedies
In force.
A disability discrimination rule binding public and private bodies.
- Instrument type
- an act of a legislature
- Obligation class
- Prohibition
As of .
What it requires
- Section 19ו names no technical standard for a website or app: it bans refusing, conditioning or providing inferior service because of disability, and by its own terms it does not oblige accessibility adjustments, which the regulations under section 19יב set (section 19ו(ד)).
- If you are in the business of providing a public service, operating a public place or supplying a product, do not refuse a person access to the public place, the service or the product, or the use or enjoyment of the service, because of the person's disability (section 19ו(א)(1)).
- Do not set conditions unrelated to the matter that prevent or restrict, directly or indirectly, the use of a public service or public place, or the enjoyment of it, by a person with a disability (section 19ו(א)(2)).
- Do not provide a public service or supply a product to a person with a disability on conditions inferior to those on which it is generally provided (section 19ו(א)(3)).
- The ban also protects a person who was previously a person with disabilities, is considered to be one, accompanies one or is a family member of one (section 19סו).
These lines are LexLint's reading of the law's text, as of .
If you get it wrong
Criminal exposureYes
Private right of actionYes
Criminal exposure note
Discriminating in breach of section 19ו is an offence punishable by twice the fine stated in section 61(a)(3) of the Penal Law, 5737-1977 (section 19מח(א)). A court that convicts may also order the person to stop carrying on the business for a period it sets, if the person owns, holds, manages or is in charge of it (section 19מח(ב)).
Statutory damages
For a breach of section 19ו the court may award compensation without proof of damage in an amount that does not exceed NIS 50,000 (section 19נא(ב)(1)).
- As of
- Currency
- ILS
Who enforces it
Enforcement body
The Commission for Equal Rights of Persons with Disabilities, whose employees appointed by the Attorney General as prosecutors file the indictments for the offence
What this law does
Section 19ו bans discrimination because of disability by a person in the business of providing a public service, operating a public place or supplying a product. That person may not refuse to give the person with a disability access to a public place, a public service or a product, or the use or enjoyment of a public service.
The person may not set conditions unrelated to the matter that prevent or restrict, directly or indirectly, the use of a public service or a public place or the enjoyment of them. The person may not provide a public service or supply a product on conditions inferior to those on which it is generally provided. A place or service is not treated as closed to the general public because prohibited discrimination under the section denied the person its use.
The ban does not treat as discrimination a case where the nature or essence of the public place or public service requires it. The ban does not itself oblige anyone to make accessibility adjustments. The obligations apply whether or not the public service, public place or product is for profit, and whether or not payment is collected. A public service includes a service from the Second Schedule that is meant for the general public or an undefined part of it.
The Second Schedule lists commerce services and banking, credit, insurance, pension and other financial services among the public services. A person who discriminates in breach of section 19ו is liable to twice the fine stated in section 61(a)(3) of the Penal Law, 5737-1977. A court that convicts a person of that offence may also order the person to stop carrying on the business for a period it sets, if the person owns, holds or manages it or is in charge of it.
An act or omission contrary to a provision of Chapter E1, Chapter E or the accessibility provisions of the Planning and Building Law is a civil tort. For a breach of section 19ו the court may award compensation of up to NIS 50,000 without proof of damage. That amount is updated once a year according to the rise in the Consumer Price Index against the index of a base month.
Once the plaintiff proves that the defendant refused a service or product after inquiring about the disability, the defendant is presumed to have acted contrary to section 19ו unless it proves otherwise. The Commission, or an organization that promotes the rights of persons with disabilities, may bring a claim in addition to the person who was discriminated against.
Section 19סו extends the ban to discrimination against a person who was previously a person with disabilities, is considered to be one, accompanies one or is a family member of one. Item 9(1) of the Second Schedule to the Class Actions Law, 5766-2006, lists a claim under Chapter D, Chapter E or Chapter E1 of the Equal Rights for Persons with Disabilities Law. The Second Schedule lists the claims for which a motion to certify a class action may be filed.
When LexLint raises it
When your app profile says your app ships a consumer interface.