Ageing, globalization, and the legal construction of "residence"

Israel Doron, Haifa University
Tal Golan, Tel Aviv University

Abstract

In this article, we shall attempt to present a comprehensive portrait of the legal construction of the term "residence" in the context of old age pensions. The first section begins by describing the social contexts of aging societies in Israel and around the world, and the ramifications of this process in terms of the phenomenon of migration in its diverse forms. The second section describes the relevant provisions in Israeli law concerning the requirement of residency as a condition for receiving an old age pension, and the interpretation of these provisions in the labor courts over the years through to the ruling in the Halamish case. The third section of the article focuses entirely on a description of the “rise and fall” of the Halamish affair, examining the diverse legal developments from the start of this affair to its finish. Lastly, the final section of the article includes a discussion and analysis of the ramifications of the Halamish affair for the rights of elderly people in Israel.