On November 6, 2012, HaMoked: Center for the Defence of the Individual, together with Physicians for Human Rights and the Israel Religious Action Center,
petitioned the High Court of Justice (HCJ) to order the National Insurance Institute (NII) to include a professional interpreter in committee hearings reviewing disability pension claims by East Jerusalem residents.
The petition concerns the language barrier the NII sets before the East Jerusalem population, as it seeks to realize its right to social security. While most East Jerusalem residents do not speak Hebrew, their eligibility for disability benefits is determined by committees which conduct their hearings in Hebrew only. Disability benefits are pensions intended to guarantee a basic dignified existence to those who have lost their earning capacity through disability, leaving them unable to provide for themselves and their families. Disability insurance and disability benefits are recognized as part of the right to social security and the right to dignified existence, deriving from human dignity, enshrined in Basic Law: Human Dignity and liberty.
Arabic has been an official language of the State of Israel from its inception. Over the years, its official status has been reaffirmed, strengthened and expanded in a long line of court judgments which held that this status places responsibilities upon state authorities. In one such decision, then-President Barak determined that "many languages are spoken by Israelis, but only Arabic – alongside Hebrew – is an official language in Israel. Arabic, therefore, has been assigned a unique position in Israel" (HCJ 4112/99 Adalah, et al. v. Municipality of Tel Aviv-Jaffa, et al.).
The East Jerusalem Palestinian community is the largest Arabic-speaking urban population in Israel. It is a very poor community, heavily dependent on social welfare services. According to the NII's annual report on poverty and social gaps in the year 2010, the number of poor Arab persons in the Jerusalem district was the highest in the state, and stood at 78.4%. The schools in East Jerusalem are not part of the Israeli education system, and pupils are taught according to the Palestinian curriculum. Hebrew is taught as a third or fourth language (after Arabic, English and French). Consequently, most of the East Jerusalem population does not speak Hebrew.
The language barrier becomes vitally important when East Jerusalem residents apply to NII review committees which determine eligibility for disability benefits. The committees’ decisions on disability applications largely depend on the person's ability to explain his medical condition and how it prevents him from earning his living. When the person does not speak the language of the committee members, his chances of realizing his right and receiving a pension decrease considerably. This situation hardly changes when the claimant brings with him a friend or neighbor who allegedly speaks and understands Hebrew – the companions' command of Hebrew is in fact poor and they are not familiar with the medical and professional jargon involved.
In the petition, HaMoked asserts that the language barrier hampers the access of a large and disadvantaged group to the social safety net meant to guarantee a dignified minimum level of existence. The NII, bound to uphold the principles of dignity and equality, must assure that in considering disability applications, the review process and the conduct of the committees do not discriminate against any claimant based on his background and in particular, the language he speaks.
Attached to the petition is
an expert opinion by Dr. Michal Schuster of Bar-Ilan University, discussing language gaps and their impact on the diagnosis and treatment of members of linguistic minorities; the hazards in relying on untrained interpreters and the vital role of professional interpretation in medical encounters.
HaMoked requests that the NII be instructed to incorporate into the procedure the participation of a professional interpreter, trained in medical interpretation, in all hearings of medical and earning-incapacity committees, which review disability benefit applications by East Jerusalem residents.
