The proposal, which prohibits deceiving difficulties on the spouse's independent financial conduct, provokes controversy due to the power it gives judges to expand the definition of the law.
Economic Violence // Illustration photo: gettyimages
Protecting women or destroying families?
A controversial economic bill is expected to be discussed today for a second and third reading in the Knesset's Constitution, Law and Justice Committee.
This is a bill that is an amendment to the Law for the Prevention of Domestic Violence "for the prevention of economic violence", promoted by MK Keren Barak (Likud) and approved about three months ago by the Ministerial Committee on Legislative Affairs, and first reading in the Knesset plenum.
The amendment to the law was submitted by the committee's chairman and Minister of Justice, MK Avi Nissenkorn, as well as by the Minister of Social Equality, MK Meirav Cohen, and the Minister of Labor, Welfare and Social Services, MK Itzik Shmuli.
Many MKs oppose the law, including Shlomo Krei, Ayelet Shaked, Osnat Mark, Amit Halevi, Ariel Kellner and Michael Malkieli - arguing that the law not only does not protect women, but may destroy families and instill judicial activism into family life. The committee, MK Yaakov Asher of Shas, has not yet expressed his position.
According to the Ministry of Social Equality, "In the bill, economic violence is defined for the first time as an ongoing behavior of a person towards his or her spouse, which occurs while intimidating or coercing or exercising control over him."
The bill defines the following actions as prohibited by law: "Stacking difficulties on the realization of the spouse's independent financial conduct," including going to work, opening a bank account, withholding a credit card, concealing assets, and further vague definition of "reasonable conduct that prevents reasonable management" And the proper functioning of the spouse's life, including by way of controlling the spouse's financial conduct in daily life. "
The explanatory memorandum to the law states that the definition of the term "property" is "real estate, movables, rights, including funds."
These are intentionally vague definitions: "Such a definition is a broad definition that leaves the court discretion regarding additional rights to which it may be required," the explanatory memorandum to the law states.
That is, the drafters of the law voluntarily give judges the power to constantly expand the definitions of the law.
It should be emphasized that the proposal is not only valid for spouses, but will also affect other close family members - grandparents, parents, children and even uncles, cousins and spouses of the children - before their marriage.
In this way, for example, a child will be able to sue his parents and impose sanctions on them in accordance with the grounds specified in the law.
"Justice Minister Nissenkorn is promoting a dangerous bill - a wolf in the skin of a sheep," MK Qara told Israel Today. "After legalization has taken over democracy, Nissenkorn wants to penetrate it deep into the family cell and upset the natural and delicate balance underlying family life." .
"There is no question that violence in general deserves all condemnation, and as such it is indeed dealt with severely in the penal code. But the current proposal is a legal troll that will lead any internal family dispute over an economic matter to the court. And not only family members can complain but anyone who wants to get into the relevant family life. This move will escalate the family relationship and turn any family dispute into a 'legal boxing arena'. I call on all members of the Constitution Committee to stop this, especially the committee chairman to bury the terrible law And that awful thing. "
