"על הנייר" חזקת ההכנסה הרעיונית מנכס אל מול מציאות החיים של נשים בחברה הבדואית - זרקור על הפער שבין החיים לחוק

The paper looks at the gap, or the mis-match between the life of those living in poverty and the Israeli Social Security legislation. It does so through the case of article 9 to the Assured Income law, which deprives social security payments from anyone who is a property owner, even if he (or she) does not actually have any income from that property. The paper brings the story of Bedouin women who are denied social security payments due to this legislation and shows that the law embodies an inherent lack of understanding of these women’s conditions. Despite not including a wide empirical study the case of the Bedouin women is of interest as a test case that points to the inherent mismatch between life in poverty and the law, as well as the very high "price" of error when wrongfully denying the social security stipend from those who truly needs it. The gap between real life poverty and welfare law is explained in the paper using feminist critical theory, suggesting that the voice of the women and their life experience are lacking from the conversation and therefor from the law. Following that discussion, the paper returns to the legal field for a discussion of the correct constitutional tools that should be employed in this case.