- Throughout the extensive struggle for independence, Palestinian women have played a key role over resisting Israeli occupation. As a result, many women experinced suffered various Israeli violations. We are focusing on detention for political reasons.
- Many women detainees were held in solitary confinement, had to give birth in their prison cells, tortured, verbally, emotionally and sexually abused and threatened. Many were held jointly with Israeli criminal prisoners, as well. Palestinian women prisoners have been subjected to extreme brutal and violent conditions, deprived of basic human needs and prisoner's rights, in violation of major international declarations, agreements and principles.
- Since its occupation of the West Bank and Gaza in 1967, Israel has carried out over 600,000 arrests[1]. During the current Intifada, which began on September 28th, 2001, Israeli occupation arrested 1,900 Palestinians; approximately 1,000 of which are still held in custody. Israeli authorities have placed 17 Palestinian detainees under administrative detention[2] in Megiddo prison. The number of Palestinian women detainees is 37 including 16 young girls[3]. These women have been subjected to severe beating by Israeli interrogators. Amna Mona and Sawsan Turki were admitted to Abu Kbir hospital for medical treatment this year as a result of beatings[4].
- Palestinian political prisoners are subjected to egregious torture by the interrogators of the Israeli General Security Services (the Shin Bet). Torture is used routinely and systematically, even in circumstances where there is no evident threat to Israel’s “security.”
- Torture is defined as the “… infliction of pain or suffering, whether physical or mental, for the purpose of obtaining information or confession by a person acting in an official capacity”- The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment of Punishment, which Israel ratified in 1991.
- Torture is perceived under International law as unjustifiable under any and all circumstances. The prohibition of torture applies to the use of any kind of physical or psychological force in interrogations. International law does not provide any conditions or reservations that sanction the use of torture or ill treatment in interrogations.
- More than 100 states, includes Israel, have ratified the Convention Against Torture, which means that they have accepted certain obligations to take effective measures to prevent acts of torture and to ensure the classification of such acts as “an offence” and, thus, punishable under their criminal law. Many national Constitutions, criminal codes, laws and regulations proclaim the prohibition of torture.
- In 1991, Israel ratified the UN International Covenant on Civil and Political Rights of 1966; it remains, however, in breach of Article 7, which states, “ no one shall be subjected to torture, inhuman or degrading treatment or punishment.”
- Israel remains the only state that has legislated for the use of torture. No country other than Israel has “legally” allowed the use of torture in its “security” procedures.
- Israel is in breach of the object and purpose of the Convention against torture. It is also in grave violation of various other international treaties-- including the International Covenant on Civil and Political Rights, the Convention on the Rights of the Child, the Universal Declaration on Human Rights, the Fourth Geneva Convention Relative to the Protection of Civilian Persons in Time of War, the 1945 Charter of the International Military Tribunal at Nuremberg, Regulations annexed to the 1907 Hague Convention (IV), the Standard Minimum Rules for the Treatment of Prisoners, the United Nations Code of Conduct for Law Enforcement Officials, the Principles of Medical Ethics Relevant to the Role of Health Personnel in the Protection of Prisoners and Detainees Against Torture and Other Cruel, Inhuman, or Degrading Punishment, and numerous others.
- Israel is also in breach of section 2(2) of the Convention against torture which stipulates that, “ No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture.”
- All confessions obtained under coercion or through the use of torture and ill treatment are inadmissible in any court of law. The way in which information is obtained by Israel from Palestinian detainees is unlawful and in violation of Article 15 of the Convention--since they were obtained by unlawful methods. This information is also often undisclosed and is not passed to the Palestinian National Authority.
Healthcare Restricted: Female Cancer Patients in Gaza
Date posted: June 07, 2023
By MIFTAH
Background:
The Israeli-imposed siege and the frequent aggressions targeting medical facilities in Gaza have debilitated the health sector and its capacity to provide proper medical services. This is exacerbated in cases of chronic diseases, which gives rise to a need to leave the Gaza Strip to receive medical treatment in the occupied West Bank, including Jerusalem, or elsewhere. However, Israel imposes a strict and discriminatory permit regime, which has a disproportionate impact on medical patients given their conditions, and it is not unusual for these permits to be significantly delayed or ultimately refused by Israel.
The Palestinian Initiative for the Promotion of Global Dialogue and Democracy (MIFTAH) collected questionnaires from 102 women diagnosed with cancer in the Gaza Strip to assess the quality of the treatment, availability of equipment, accessibility, and referral process.
The full report is accessible here.
Conclusion and recommendations:
The 16-year-long Israeli-imposed blockade and closure on Gaza have had detrimental impacts on the health sector in the besieged Strip. Specifically, the siege has compromised the ability of the healthcare sector to deliver proper medical services due to the absence of crucial medication, equipment, and supplies under flimsy security pretexts. Ultimately, frequent aggressions and targeting of health facilities and the Israeli-imposed siege on Gaza compromise the availability, accessibility, and quality of healthcare services available to Palestinians in Gaza.
MIFTAH urges the international community to:
- Put an end to Israel’s impunity and hold it accountable for its persistent crimes, including the crime against humanity of apartheid, through the adoption of effective and concrete measures;
- Exert pressure to lift the blockade on the Gaza Strip and allow for the free movement of people and goods;
- Ensure the urgent implementation of UNSCR 1325 to provide immediate protection for Palestinian women and to put an end to Israel’s impunity;
- Support the UN Special Rapporteur in the oPt, the International Court of Justice’s advisory opinion, the ICC investigation and the UN Commission of Inquiry.
The summary factsheet is accessible here.
Financial indicators for the Family Protection Bill
Date posted: May 17, 2023
By MIFTAH
The legislation of the family protection bill is aimed at the protection of the family itself as an institution, and to guarantee its preservation. Palestinian legislators are aware of the importance of this bill, which is why all ministries and official institutions committed to developing its relevant programs, policies and plans, each according to their field of expertise. Their goal is to contribute to the promotion of a culture that combats domestic violence and encourages the response of public policies to this objective, through education, health, legislation and the media. Another objective is to track the bill’s impact and periodically assess it in cooperation with other civil societies. This paper focuses on some of the financial indicators pertaining to this bill.
All family members in Palestine are subjected to violence, including children, minors, women and men. However, married women remain the sector most vulnerable to domestic violence according to a 2019 Palestinian Central Bureau of Statistics survey. It said 29.4% of married women had been subjected to at least one type of violence by their husbands as opposed to 13% of men who had been subjected to violence by their wives, by their own confession. A total of 44.7% of individuals who have never been married have been subjected toviolence;7.6% of the elderly and 44.2% of children(12-17yearsold) were the victims of violence at the hands of one of their parents. Although a high percentage of women have been victims of violence from their spouse, a considerable percentage of these women, around 60.3% preferred to stay silent about the assault. Only a small percentage of women asked for help through official avenues; 2.9% went to a defence lawyer to file a lawsuit against their husbands, 1.3% went to the police or a family protection unit and 1.4% went to the centres for mental, social and legal aid.
Financial indicators for the Family Protection Bill
| Article of Bill/Law by Decree | Relevant party | Estimated cost |
| Article(4) specialization of Ministry of Social Development: The Ministry, in cooperation with government and civil society organizations, provide the following services to victims of domestic violence: 1.Protection and fulfilment of needs of the victim; economically and socially empowering her and reintegrating her in society in order to preserve the family fabric, while ensuring not to equate the victim with the perpetrator. 2.Appointing protection counsellors in all directorates and qualifying them to deal with domestic violence cases 3.Providingsocial, psychological and legal experts to provide victim support 4.Ensuringthe provision of social, psychological, health and legal services to domestic violence victims in coordination with relevant parties. 5.Preparing rehabilitation programs for perpetrators of domestic violence crimes 6.Coordination and cooperation with government and civil society organizations to provide the necessary training for the enforcers of this law by decree. Preparing the necessary preventative plans and programs against domestic violence |
Ministry of Social Development | ILS12 million over 3 years on average of ILS4 million year, based on a study prepared by the Ministry of Social Development |
| Article 6: Family and Minors Protection Police: In accordance with the provisions of this bill/law by decree, a family and minor protection police will be established, with branches set up in all districts of the homeland. It’s specializations are the following: 1.Goingtothe place of the domestic violence incident when the informer states that the violence has occurred, is about to occur is ongoing; or in case of violation of a restraining order, even if the informer is not the victim 2.Providingfree 24-hourhotlinestohelp victims |
Palestinian police and Family and Minors Protection Department
Reform and Rehabilitation Centres Department |
ILS7.3 million/year (the study is based on the number of those working in the family and minors protection department and their mean salary)
ILS1.3 million/year (the study is based on the number of those working in reform and rehabilitation enters, which includes special sections for women boarders) |
| Article7: Family Protection Prosecution 1.In accordance with the provision of this bill/law by decree, a prosecution’s office will be established to follow up on domestic violence cases in all districts and will operate under the supervision of the Attorney General in accordance with penal measures in force. 2. This family protection prosecution office will promptly investigate domestic violence incidents while also preserving the privacy and dignity of the victim |
Family Protection Prosecution | ILS1.7 million, based on the number of relevant prosecution agents and their mean salaries |
| Article10: parties qualified to issue restraining orders 1.Restrainingorders will be issued by the following parties of their own accord: a. Family Protection Prosecution b. The presiding judge |
Presiding judges | ILS1.9 million, based on the number of judges and their mean salaries |
| Total expected estimated cost | ILS16.2 million |
The table above shows that the estimated and main additional cost of the Ministry of Social Development to be around ILS4 million a year, considering that the other parties (police, prosecution and courts) are currently carrying out their roles without fully allocating specialized departments for protection from violence. However, if these parties do allot specialized departments for protection from violence, overall costs will reach approximately ILS16.2 million. Nonetheless, even if this cost is incurred, it still only comprises a small part of public expenditures, approximately 0.1%. Overall public expenditures for 2022 amount to approximately ILS16.2 billion, which means the cost of passing this bill and implementing its provisions will not constitute financial burden on the general budget and will not be an obstacle to ratifying the law by decree.
Furthermore, it should be noted that while it is imperative to calculate some of the costs resulting from violence against women, the reaerate the high costs as well. The secret social costs, which impact society as a whole. Data from the Ministry of Social Development showed (see graph), that violence exercised against women has prompted around 60% of them to flee their homes. Also, 18% of them attempted suicide in addition to suffering from mental and physical illnesses, unwanted pregnancies or others. Calculating expenses incurred from violence is not an easy process and there are no national data or figures that can measure the impact violence has on the state’s general budget due to the prevalent mentality towards violence as an issue associated only with women. This is especially true when the conversation is about the indirect and intangible effects of violence, including:
Violations of human rights; negative social, economic and political impacts; working women who get sick and need to take sick leave; lack of focus and productivity; impact of violence on children and academic failure; the rise in the percentage of school dropouts among children; the rise in long-term unemployment rates; the percentage of homeless children who become a burden on society; government expenditures for medical treatment; safehouses; therapy; monitoring cases of violence against women; individual expenses for following up on legal cases and lawyer fees; loss of income because of repeated absence from work or inefficacy; social expenses resulting from the breakup of the family; expenses of training individuals on how to deal with cases of violence; expenses for issuing laws and legislation on the protection of women from violence.
Confirmation of the above is that the UN believes the economic, social and health costs of violence against women are, to a large extent, undocumented and unrecognized. However, these remain colossal, according to researchers, specialists and defenders of women’s rights.
To view the full factsheet as PDF
Israeli state-sanctioned settler terrorism: A gendered lens
Date posted: April 26, 2023
By MIFTAH
Background:
The illegal Israeli settlement project, including settler-only bypass roads, military checkpoints, and the annexation wall, continues to expand and steal more Palestinian land and resources. As of today, the number of illegal Israeli settlements in the occupied West Bank, including Jerusalem, is close to 300, with around 750,000 Jewish settlers residing in them.
Israeli state-sanctioned settler terrorism against Palestinian civilians and property is prevalent and has been on the rise in recent years. Violence takes the form of psychological, physical, and verbal violence, including beating, throwing stones or sharp tools, intimidation, shooting, verbal assaults, and assaults on agricultural lands, cars, and homes. Such attacks are committed in the presence of Israeli occupation forces who often join them.
The high frequency of these forms of violence and their persistence give rise to psychological, physical, and material harm. Palestinian survivors of settler terrorism seldom press charges and file complaints against Israeli settlers given the complicity of the Israeli law enforcement system.
The Palestinian Initiative for the Promotion of Global Dialogue and Democracy (MIFTAH) and the Women’s Center for Legal and Counseling (WCLAC) collected questionnaires from 229 Palestinian women covering settler violence in the occupied West Bank governorates of Al-Khalil/Hebron, Bethlehem, and Jerusalem.
MIFTAH calls on the international community to:
Put an end to Israel’s impunity and hold it accountable for its persistent crimes, including the crime against humanity of apartheid, through the adoption of effective and concrete measures;
Stop all relations and trade with illegal Israeli settlements including international companies that profit from them;
Criminalize and blacklist Israeli settler groups that engage in terrorist activities and hold those with dual citizenship accountable in their respective states;
Ensure the urgent implementation of UNSCR 1325 to provide immediate protection for Palestinian women and to put an end to Israel’s impunity;
Support the UN Special Rapporteur in the oPt, the International Court of Justice’s advisory opinion, the ICC investigation and the UN Commission of Inquiry.
