Migration Jurisprudence from the South › Israel
Kav LaOved v. Ministry of Interior (pregnancy procedure)
Supreme Court of Israel (sitting as High Court of Justice) · Israel · 2011-04-12 · National court
Citation: HCJ 11437/05
Type of case: Constitutional and human rights
Outcome: Decided for the migrant side
Question
May a migrant worker lose her permit and be required to leave because she gives birth?
What the court decided
No. The procedure that forced migrant workers who gave birth to leave with the baby, or send the baby abroad, disproportionately harmed the right to parenthood and was struck down.
In plain language
Israel’s rules said a migrant worker who had a baby had to leave the country or send the baby away. The Supreme Court said this rule was unlawful and cancelled it.
Dalam bahasa sederhana
Aturan Israel mewajibkan pekerja migran yang melahirkan meninggalkan negara itu atau mengirim bayinya keluar. MA menyatakan aturan itu tidak sah dan membatalkannya.
Pertanyaan: Bolehkah pekerja migran kehilangan izin dan wajib pergi karena melahirkan?
What happened afterwards
- 2011-04-12: Procedure struck down.
- 2011: A revised procedure keeps limits on staying with the child. [Check.]
Sources
Open this decision in the interactive collection (compare, filter, Indonesian view, downloads).
Cite as: Institute for Migrant Rights (2026), Migration Jurisprudence from the South, version 0.1, https://theimr.org/court-decisions/d/il-pregnancy-2011/. This page summarizes a court decision for research and advocacy; it is not legal advice.