<p>In this article, we present a study investigating Israeli courts’ conduct towards parents with disabilities by analyzing 78 court judgments. A systematic case coding method was employed to analyze the content of legal documents, aiming to identify patterns and trends in judicial decision-making. This is particularly significant given showed a significant increase in judgments over time, with minor adoption petitions (32.9%) and cancellation of adoption orders (25.3%) being the most prevalent claims. Courts explicitly referred to the parent’s disability in 84.6% of cases and considered support adjustments in 28.6%. Findings revealed gaps between rights enshrined in laws and actual treatment and support in legal proceedings. We interpreted these findings through two conceptual frameworks, the human rights model of disability and the social model of disability. The study highlights the need for the legal system to better recognize and support parents with disabilities, particularly those with mental disabilities. Recommendations include encouraging advocacy organizations to take a more active role as <i>amicus curiae</i> to provide better education and training for legal professionals regarding parents’ rights, as well as developing research consistently showing programs.</p>

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The Legal Landscape of Parenting with Disabilities: A Study of Court Judgments Involving Parents with Disabilities in Israel

  • Michal Segal,
  • Ayelet Gur

摘要

In this article, we present a study investigating Israeli courts’ conduct towards parents with disabilities by analyzing 78 court judgments. A systematic case coding method was employed to analyze the content of legal documents, aiming to identify patterns and trends in judicial decision-making. This is particularly significant given showed a significant increase in judgments over time, with minor adoption petitions (32.9%) and cancellation of adoption orders (25.3%) being the most prevalent claims. Courts explicitly referred to the parent’s disability in 84.6% of cases and considered support adjustments in 28.6%. Findings revealed gaps between rights enshrined in laws and actual treatment and support in legal proceedings. We interpreted these findings through two conceptual frameworks, the human rights model of disability and the social model of disability. The study highlights the need for the legal system to better recognize and support parents with disabilities, particularly those with mental disabilities. Recommendations include encouraging advocacy organizations to take a more active role as amicus curiae to provide better education and training for legal professionals regarding parents’ rights, as well as developing research consistently showing programs.