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ABSTRACT
This article examines the case of Gizela Kafri, who stood trial for killing her severely disabled three-year-old son in 1964. This case sparked a public debate over mercy killing and eventually contributed to the passage of the “Law for the Treatment of Retarded Persons” in Israel five years later. Placing this event within its broader historical context reveals how competing valuations of disability shaped Israeli society’s understandings of what constituted a meaningful life in the early decades of statehood. Through an analysis of press coverage of Gizela Kafri’s trial and subsequent legislative changes, the article argues that this event revealed a deep-seated ambivalence towards those who were deemed economic liabilities due to their need for extensive care within Israel’s post-Holocaust historical context.
Disclosure statement
No potential conflict of interest was reported by the author(s).
Notes
1 In this article, I use two distinct approaches to terminology referring to disabilities of the mind. When citing primary sources, I maintain fidelity to the historical terminology in order to accurately represent the connotations that the authors ascribed to disability, recognizing that such terminology is now outdated. In my own discussion, I emphasize the socially disabling effects associated with cognitive differences by using the terms “cognitive disability” or “cognitively disabled.”
2 Divre ha-knesset, vol. 7, 1968, December 2, 1968, 528.
3 For example, the case of a young woman with cognitive disabilities who endured neglect in her home environment was debated in the Knesset in 1956: Divre ha-knesset, 1956, July 18–19, 281–282. Another case of domestic abuse affecting a young disabled man at the hands of his father is discussed in Divre ha-knesset, 1961, June 14, 2061–2062. Abuse was documented to have occurred in institutional settings as well. News of violence and mismanagement occurring in Bet Ḥemdah in 1962, a special institution for children with cognitive disabilities located near Netanya, sparked a debate in the Knesset over a needed reform; on the beginning of this debate, see Protocol n. 34, Meeting of the Committee on Public Services, July 24, 1962.
4 The Hebrew press of the 1950s and 1960s contains numerous accounts of maltreatment and neglect affecting individuals with disabilities by their own families. See, for example, Sdomi, Alef. “A Shocking Human Tragedy in Yahud.” La-merḥav, June 24, 1955, 12 [Hebrew]; “Retarded Child – A Source of Suffering for the Family and the Answer Is: Meanwhile We Are Sorry . . .” Maariv, February 16, 1962, 21 [Hebrew].
5 Commentators devoted special attention to Hermann Sander, an American physician who had confessed to performing mercy killings and was subsequently put to trial. See, for example, “Ben Yehuda 7A: Double Homicide.” Ha-olam ha-zeh, May 4, 1950, 5–7; 18 [Hebrew]. The newspaper Ḥerut translated a French article that was originally published in Le Monde: “Is It Allowed to Kill to Relieve Suffering?” Ḥerut, March 17, 1950, 6 [Hebrew].
6 The relevant bibliography is too extensive to be appropriately cited here. However, the pioneering work of sociologists such as Sammy Smooha, Uri Ram, Orna Sasson-Levy, and Henriette Dahan Kalev, to name a few, should be recognized for laying the groundwork in understanding how social categories were mapped onto Israeli society.
7 Holler, “Disability and Employment”; Mor, “‘Tell My Sister.” The most ambitious monographs on disability center around institutional histories and the history of the health care system. For example, see Romem, Malben; Blum, The Development of Medical Rehabilitation; and Stoler-Liss et al., To Be a Healthy Nation. A collection edited by Gal and Holler, Justice instead of Charity, investigates numerous facets of disability from a social welfare perspective. Similarly, the articles collected by Liat Ben Moshe and Sumi Colligan in a special issue of Disability Studies Quarterly (2007), entitled The State of Disability in Israel/Palestine, provide an invaluable survey of issues of disability. Furthermore, Mor et al., Disability Studies is noteworthy for collecting seminal essays in critical disability studies, translated into Hebrew; of particular interest are the responses written by Israeli scholars, who offer insight into the role of disability in Israeli society. Finally, a brief historical introduction to disability in Israel is provided by Merrick et al., “A Short History of Disability.”
8 See, for example, Sufian, “Mental Hygiene and Disability.”
9 On ableism, see Broyer, “Reinforcing Zionist Ableism”; and Mor, “‘Tell My Sister to Come,” are the only works that have explicitly addressed ableism in Israeli history and society.
10 Weiss, The Chosen Body.
11 In the context of American history, this distinction is clearly drawn by Lavi, The Modern Art of Dying. For a history of euthanasia and mercy killing, see Dowbiggin, A Merciful End.
12 The principle of equality is explicitly enshrined in the Declaration of Independence. For a discussion, see Rogachevsky and Zigler, Israel’s Declaration of Independence, 1–12.
13 In England, the first euthanasia association was the Voluntary Euthanasia Legalization Society, founded in 1935. In 1938, the Euthanasia Society of America was established as the first national organization to advocate for the legalization of mercy killing; Dowbiggin, A Merciful End, 32–61.
14 The Modern Art of Dying, 161.
15 See Shapira, “The Human Right to Die.”
16 “Ben Yehuda 7A: Double Homicide,” 7.
17 Alyagon Darr and Levenkron, “Infanticide,” 183.
18 On the application of leniency, see Alyagon Darr and Levenkron, “Infanticide,” 183–184. For a more general discussion, see Sebba, “Minimum Sentences.”
19 “Mother Accused of Drowning Her Son in the Sea.” Ha-aretz, November 14, 1951, 4 [Hebrew]; “She Admits to Killing Her Son out of Mercy.” Ha-boker, May 21, 1952, 4 [Hebrew]; “Imprisonment for Mercy Killing.” Ha-boker, June 2, 1952, 4 [Hebrew].
20 Cf. the list of reported cases of mercy killing, along with the sentences imposed on the accused persons, that is included in The Modern Art of Dying, 173–180.
21 “Ben Yehuda 7A: Double Homicide,” 18. Toledano served as minister of religious affairs in Israel for two periods between 1958 and 1960.
22 Weinfeld. “Give Legal Validity to Euthanasia!” Traklin 2, n. 5–6 (1951): 341–345 [Hebrew].
23 “Ben Yehuda 7A: Double Homicide,” 7.
24 For a contextualization of the thalidomide affair, see Kessel, “‘Doriden von Ciba’.”
25 “The Devil’s Medicine: Thalidomide.” Ḥerut, November 14, 1962, 4 [Hebrew].
26 The symposium was widely covered. See Goldstein, Dov. “In Israel, too, Children with Deformities Were Killed.” Maariv, December 17, 1962, 2; 11 [Hebrew]; Lapid, Yosef. “Toulouse Lautrec, too, was Handicapped.” Maariv, November 26, 1962, 13 [Hebrew]; “4 Defective Births Occurred due Thalidomide in Israel.” La-merḥav, December 17, 1962, 2 [Hebrew]; “Doctors against ‘Mercy Killing’: Jurists Hesitate.” Ha-aretz, December 1962, 3 [Hebrew]; “Less Medications – More Health.” La-merḥav, December 18, 1962, 2 [Hebrew].
27 Barzel, Binah. “Merciless against Mercy Killing.” Ha-boker, January 4, 1963, 4; 9 [Hebrew].
28 Lapid, “Toulouse Lautrec.”
29 Dvorzhetski, Europe without Children. On euthanasia in particular, see his “Euthanasia.”
30 On the Aktion T4 program, see Burleigh, Death and Deliverance.
31 For a sweeping discussion of the procedures employed to bring Nazi perpetrators to justice for the crimes they committed during World War II, see Bloxham, Genocide on Trial.
32 Eidelman, “Care of Critically Ill Newborns.”
33 Eyal Katvan, “Preventative (Marriage and Divorce).”
34 An illustrative example is that of a mother who left her family as a result of her incapacity to provide care for her son, who was affected by a severe type of autism; Shamir, Ami. “Giorgia Returned Home.” La-merḥav, June 5, 1964, 3 [Hebrew].
35 Ginosar, Neḥama. “Who Is to Blame for the Death of Gizela Kafri’s Son.” Al ha-mishmar, May 19, 1964, 3 [Hebrew].
36 For the efforts made to pass legislation regarding the welfare of the cognitively disabled population, see Rosenberg, The Care of the Mentally Retarded.
37 Sidon, A. “Should the Sentence of a Mother Who Murdered Her Son Out of Mercy Be Reduced.” Ḥerut, April 23, 1964, 5 [Hebrew].
38 Seymour, Emotional Arenas.
39 “Gizela Kafri Was Released on Bail.” Maariv, May 3, 1964, 18 [Hebrew].
40 “Gizela Kafri Was Released on Bail.” Ha-boker, May 3, 1964, 6 [Hebrew].
41 “A Public Committee on behalf of Gizela Kafri Demands an Amendment.” Al ha-mishmar, May 10, 1964, 6 [Hebrew].
42 For a profile of Cohen Tzidon, see “The Fighters for the Liberation of Gizela Kafri.” Al ha-mishmar, May 14, 1964, 2 [Hebrew].
43 “Gizela Kafri Was Released on Bail.” Maariv, May 3, 1964, 18 [Hebrew].
44 “Mercy Killing: Allowed or Prohibited?” Ḥerut, May 3, 1964, 2 [Hebrew].
45 “Gizela Kafri Was Released on Bail.” Ha-boker, May 3, 1964, 6 [Hebrew].
46 Alon, Yaakov. “Will the Law Surrender to Gizela Kafri?” Ha-boker, April 27, 1964, 3 [Hebrew].
47 “Mercy Killing: Allowed or Prohibited?” Ḥerut, May 3, 1964, 2 [Hebrew].
48 “Gizela Kafri Was Convicted Based on Her Own Confession.” La-merḥav, June 12, 1964, 10 [Hebrew].
49 “A Retarded Child at Home Is Discouraging and Might Push for a Serious Act.” Maariv, May 7, 1964, 5 [Hebrew].
50 Prister, Roman. “Caution: Mercy.” Al ha-mishmar, May 15, 1964, 3; 10 [Hebrew].
51 Rotem, Yaakov. “Mercy Killing.” Dvar ha-shavua’ 50 (1958), 15 [Hebrew].
52 Levin, Elazar. “A Rabbinic Court Judge, a Pediatrician, a District Judge, and Mother Businesswoman Answer Our Writer’s Question, ‘What Is the Law of Mercy Killing?’.” Ha-tzofeh, May 1, 1964, 12 [Hebrew].
53 Ibid.
54 Goldstein, ““In Israel, too, Children with Deformities Were Killed.” 2.
55 Ajzenstadt, “Children, Families and Women.”
56 “A Mother’s Responsibility.” La-merḥav, June 17, 1964, 3 [Hebrew]; “Women’s Opinions on the Sentence.” Ha-boker, June 15, 1964, 6 [Hebrew].
57 “A Mother’s Responsibility.”
58 “At Gizela Kafri’s Trial: Mercy Prevailed Over Justice.” Davar, June 12, 1964, 14 [Hebrew].
59 Galili, Yosef. “Backward Treatment of Retarded Children.” Kol ha-am, May 29, 1964, 6 [Hebrew].
60 Prister, “Caution: Mercy.” 10.
61 “The Fighters for the Liberation.”
62 Ibid.
63 “Is it Possible to Separate Religion and State?” Ha-tzofeh, May 15, 1964, 16 [Hebrew].
64 Ibid.
65 The trial began in December 1963. For a history of the trial, see Ridley, “The Frankfurt Auschwitz Trial.”
66 “Is it Possible to Separate Religion and State?”
67 For a discussion of the legal details of this and other sentences for mercy killing, see Shapira, “The Human Right to Die.”
68 “Gizela Kafri Confessed and Was Convicted: The Sentence Will Be Issued on Sunday.” Ha-boker, June 12, 1964, 12 [Hebrew]. See also “G. Kafri Was Convicted: The Sentence on Sunday.” Ha-tzofeh, June 12, 1964, 8 [Hebrew].
69 “Gizela Kafri Was Convicted Based on Her Own Confession.”
70 “At Gizela Kafri’s Trial: Mercy Prevailed.” The article reports on the arraignment hearing of June 10.
71 “Mercy Killing: Allowed or Prohibited?”
72 “Gizela Kafri Was Sentenced to One Year in Prison.” Maariv, June 14, 1964, 1 [Hebrew].
73 Oren, Raḥel. “Gizela Kafri before the Court.” Davar, June 8, 1964, 4 [Hebrew]; “Gizela’s Imprisonment Was Reduced by the President.” Davar, October 28, 1964, 8 [Hebrew].
74 “Gizela’s Imprisonment Was Reduced.”
75 “Restrained Mercy.” Kol ha-am, October 29, 1964, 2 [Hebrew].
76 “On the Human Limit.” Etgar, April 30, 1964, 5–7 [Hebrew].
77 Hughes, “Fear, Pity and Disgust,” 68.
78 Israel passed a law regulating the treatment of dying patients in 2005. For a discussion, see Cohen-Almagor, “Reflections on the Intriguing Issue.”
79 It is unclear whether the Public Committee on Behalf of Gizela Kafri remained active after Gizela’s sentence. A more extensive activity was carried out by AKIM, the first organization of parents of intellectually disabled children, established in 1958. There is no evidence, however, that AKIM took part in the debate over Gizela’s mercy killing. See The Struggle for Habilitation.
80 Kafri, Yosefa. “The Law for the Protection of the Helpless.” Al ha-mishmar, February 18, 1965, 2 [Hebrew].
81 Divre ha-knesset, vol. 7, 1968, December 2, 1968, 526 [Hebrew].
82 “Who Is Scared of the Retarded Child.” Al ha-mishmar, February 5, 1964, 6 [Hebrew].
83 Several cases of filicide are discussed in Cavaglion, “Bad, Mad or Sad?”; “Fathers Who Kill.” See also Dunevitz, Accused, 95–110.
84 Shatran, Yair. “Suspicion of Excessive Use of Sedatives at the Beit Tinah Institution for Retarded Children.” Maariv, August 15, 1971, 9 [Hebrew]; Yudilovich, Gil. “Tens of Retarded Were Easy Prey for Abuse and Sexual Humiliation.” Maariv, November 26, 1986, 1; 9 [Hebrew].
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Marco Di Giulio
Marco Di Giulio is Associate Professor of Hebrew Language and Literature, Italian Studies & Hebrew Department; Program in Judaic Studies at Franklin & Marshall College, Lancaster, Pennsylvania, United States. [email protected].