להורדת המאמר המלא

Narratives and Social Change in the Supreme Court Rulings on the Permit Regime of Migrant Workers in Israel: From the Binding Decision to the Pregnant Migrant Worker Decision

Tally Kritzman-Amir

Abstract

The article examines the extent to which court decisions on matters relating to migrant workers in Israel succeed in promoting significant social change. In this examination, the article unveils the dynamics between human rights organizations, the court, and the legislative and administrative authorities in the field of migration policy. The first part of the article discusses the role of the court in the formation of migration policy and in the protection of migrants’ rights. I will offer an explanation as to why courts find it difficult to promote social change in this field, and describe the relationship between them and the other authorities. The second part of the article describes two landmark cases in which the court took a clear moral stance in defense of the migrants’ rights: The Binding Decision, which deals with a core condition in the work permits issued to migrant workers, according to which they are only allowed to work for one specific employer; and the Pregnant Migrant Worker Decision, which deals with the right of a migrant worker who conceived or gave birth in Israel to continue her employment. I will describe both cases and the application of the two decisions. I will also clarify the extent to which the decisions should be viewed as activist, in light of the migrant workers’ permit regime in Israel. The third part concludes and examines the role and place of the court in the promotion of the much-needed change in the permit regime, and also clarifies why the court has failed to induce such a change. I will also explain which conditions will allow the court to better promote social change within this realm.