Motherhood, Mental Incompetence, and the Denial of Reproductive Autonomy in the Early Years of Israeli Statehood

Abstract

Abstract As the State of Israel defined citizenship rights for its Jewish population after independence in 1948, it also began to articulate the rights of those affected by disabilities of the mind—i.e., psychiatric, cognitive, and learning disabilities—by issuing, for example, the “Law for the Management of Institutes” (1952) and the “Law for the Treatment of the Mentally Ill” (1955). Due to haphazard state-building and insufficient funding, however, this process was slow and uneven. In the meantime, people with mental and cognitive disabilities often remained vulnerable to abuse and sexual violence in domestic and institutional spaces and suffered from a lack of proper care and accommodation. Operating on the assumption that disability of the mind could be transmitted from generation to generation, some medical professionals contemplated sterilization as a way to prevent the reproduction of mental disability in the children of affected parents, but the lingering trauma caused by the Holocaust and Nazi racial hygiene hindered their plan. This article examines a 1954 case involving a cognitively disabled woman who was brought to court for neglecting her children. Due to her delinquent parenting, she was slated to undergo sterilization, but her legal incompetence raised a host of ethical questions that tested the psychiatrists’ and judicial authorities’ assumptions about cognitive competence, civic fitness, and reproductive autonomy. By examining contemporary press reports of the legal proceedings, their larger context, and their consequences, this article shows how the woman remained hostage to male-dominated power structures that devalued her dual status as a mother and as a cognitively impaired citizen. While this case study shows how easily overridden were the liberties and protections of those affected by disabilities of the mind, it can also be viewed as a situation that impelled the Israeli public to contemplate the rights of the cognitively disabled, foreshadowing later movements aimed at expanding the boundaries of society to include members of many degrees of ability.