Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

Equality of Treatment (Social Security) Convention, 1962 (No. 118) - Israel (Ratification: 1965)

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Article 5, read in conjunction with Articles 3 and 8 of the Convention. Provision of benefits abroad. In its previous comment, the Committee noted that, in Israel, the provision of survivors’ benefits abroad is limited in time and that employment injury benefits are paid abroad only when there is a bilateral agreement with the concerned country.

The Committee notes that, according to the information submitted by the Government in its report, the principle of equality of treatment defined in the Convention is based on the concept of reciprocity, and it only applies when other Members grant equivalent rights, typically via bilateral agreements. The Government considers that the Convention does not confer social rights by its mere ratification, and it is always subject to reciprocity between the implementing countries, as stated in its Article 3(3). Finally, the Government states that Israel implements the obligations arising out of the Convention mainly via bilateral agreements that set reciprocal conditions and limits.

The Committee wishes to point out that, as per Article 3, equality of treatment in respect of all accepted branches must be ensured to nationals of any other Member for which the Convention is in force, no matter the specific branches accepted by that Member. This concept of reciprocity is different from that adopted in Article 5, that requires a correlation between specific branches, and by virtue of which equality of treatment is ensured only in respect of the branch or branches that have been accepted by other Member States, and just for a limited number of benefits, namely invalidity benefits, old-age benefits, survivors’ benefits and death grants, and employment injury pensions.

The Committee further recalls that Article 5 of the Convention requires Member States to guarantee the payment of survivors’ benefits and employment injury pensions abroad to its own nationals and to nationals of the countries which have accepted the corresponding branches, and that this is an independent obligation to be fulfilled irrespective of the country of residence. Moreover, the recourse to bilateral agreements, or other measures mentioned in Article 8 to give effect to this obligation, is just a possibility provided by the Convention and not required if the Member State decides to provide benefits abroad unilaterally.

In this context, the Committee requests the Government to adopt the necessary measures to ensure the provision of survivors’ benefits or employment injury pensions to its own nationals and to the nationals of the countries which have also accepted the corresponding branches of the Convention, when they reside abroad, irrespective of the country of their new place of residence and of the existence of bilateral agreements to that effect.