MIFTAH
Thursday, 25 April. 2024
 
Your Key to Palestine
The Palestinian Initiatives for The Promotoion of Global Dialogue and Democracy
 
 
 
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Fifteen years have passed since the Convention on the Rights of the Child was adopted by the UN in General Assembly resolution 44/25. Since then, it has become the most widely ratified international human rights treaty in history, with a total of 191 states signing up to the universally agreed set of standards and obligations which form the cornerstone for all actions for, and with, children and adolescents.

The CRC entered into force for Israel in November 1991, almost a quarter of a century after Israel embarked on its ongoing occupation of the West Bank and Gaza Strip. However, although Article 2 of the Convention obliges State Parties to “respect and ensure the rights set forth in the present Convention to each child within their jurisdiction”, Israel has repeatedly tried to evade its responsibilities towards Palestinian children living in the occupied territories.

The arguments traditionally employed by Israel are deeply flawed. Take for example Israel’s claim that, following the Oslo process, it has transferred to the Palestinian Authority (PA) power and responsibilities over the majority of the Palestinian population in matters relating to the CRC. Even the most cursory examination of the situation on the ground clearly reveals that Israel has not relinquished full sovereign control over the Occupied Palestinian Territories (OPT). Israel can and still does intervene in areas under the administrative control of the PA, and continues to maintain full control over entry into and exit from the entire OPT. Moreover, Israel’s own system of military orders, which it applies to Palestinian residents of the OPT, clearly indicates that Israel still considers the OPT to fall under its ultimate jurisdiction. For these military orders permit Israel to arrest Palestinians, including children, for administrative and security offences allegedly committed in areas under the administrative control of the PA.

It is thus clear that Israel does not only deliberately deny Palestinian children their basic human rights using arguments uniformly rejected by major UN bodies, but also actively violates these rights on a daily basis as part of its occupation policies.

Since the start of the second Intifada on 29 September 2000, Palestinian children have borne the brunt of the upsurge in Israeli violence. Over the course of the past four years, more than 660 Palestinian children have been killed and almost 9,000 injured – hundreds of whom have been left with permanent physical disabilities. Many thousands more are suffering psychological trauma from the daily horrors they witness. An estimated 3,000 children have been arrested during this Intifada, while currently there are still 335 children being held in Israeli prisons and detention centres.

In May 2002, as Israeli tanks and forces were engaged in a violent reoccupation of West Bank towns and cities, representatives of the world’s governments were meeting in UN at the Special Session of the General Assembly on Children to reaffirm their obligation to promote and protect the rights of each child, and renew their commitment to the founding principles to the CRC: non-discrimination; best interests of the child; the child's right to life, survival and development; and respect for the views of the child.

Among the specific goals identified in the Plan of Action at the culmination of the Special Session, the international community committed itself to strengthening “the protection of children affected by armed conflict and adopt[ing] effective measures for the protection of children under foreign occupation.” However, as the years pass, it has become clear that the international community does not have the political will to place pressure on Israel to abide by its obligations to Palestinian children as articulated in the CRC and in other binding international legal instruments.

In an initial step to ease the suffering of Palestinian children, it is essential that Israel, as the occupying power, be forced to respect the rights of all children under its jurisdiction, be it legal or illegal.

In the long-run however, the only way that Palestinian children can be ensured the possibility of enjoying their basic rights and fulfilling their basic needs is within the context the Palestinian people achieving their right to self-determination, freedom and justice.

DCI/PS therefore appeals to the international community and world leaders to abide by their declared commitment to protect the rights of all children, including the children of Palestine. We urge them to bring pressure on the Israeli government, to abide by international law and end the occupation which is incompatible with any declared commitment to promoting and protecting the basic human rights of all.

 
 
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