Sex workers are in no position to go to the police for using their condoms to prevent STIs and pregnancy.
But they can sue if the law is not applied equally to them.
In a ruling released Thursday, the court in the southern Israeli city of Netanya upheld a ban on condom use in the city’s prostitution parlors and brothels.
The ruling was made in a case brought by a woman who used condoms to protect herself from HIV and other STIs while working as a prostitute.
She had worked in one of the citys brothelts for about two years.
The case sparked international outcry and criticism from human rights organizations.
The women’s lawyers were outraged by the decision, and the government agreed to repeal the law.
In Netanya, the law was challenged on numerous grounds, including that it discriminates against the prostitutes, violates human rights and damages their dignity.
Netanya’s ruling came in response to a complaint filed by the Association of Israeli Prostitutes and Prostitution Lawyer’s Associations (Binyamin), which is affiliated to the Palestinian Prisoners’ Society of Palestine (PPS).
Binyamim and the other two organizations appealed to the Jerusalem District Court, which ordered a revision to the law that was later approved.
The court said that the law should not be enforced against prostitutes unless they are using condoms for the protection of their partners and their health.
“We are in favor of using condoms, but the prohibition should be enforced equally to all other prostitutes, who have a right to use condoms, without regard to whether they are employed by a prostitute, a hotel, a strip club or a brothel,” said a spokeswoman for the court.
The Jerusalem District Attorney’s Office has asked for an appeal of the court’s decision.
Netanyahu’s government has been criticized for passing a law that bans condoms in its brothells, but it has not yet commented on the ruling.
Netania police have said that they will appeal against the ruling to the High Court.