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[GAZA, 14 October 2008] Al-Dameer Association for Human Rights is seriously concerned of the spread of unknown parents phenomenon in the Gaza Strip, and it is calling the government and other parties to work in limiting this phenomenon. Al-Dameer reports that on Monday, 15 September 2008, one day old infant was found in front of Al-Qusam mosque in Beit Lahiya north of Gaza Strip. Sa’eed Abu Al Attad, the director of Kamal Adwan hospital, said that "the infant was found behind Al-Qusam mosque where the police were informed and they took the infant to the hospital where the doctors in the hospital performed complete check-up. Later the police of Beit Lahiya transferred the infant into Mabrit Al-Rahma society (this society cares for children who are orphans and unknown parentage)". Mr. Mo’main Frej Barakat, executive director of Al Rahma Society reported that, "on 15 September, 2008 the police contacted us and informed us about the infant who was found on Monday afternoon. We asked the police to take him to Al-Nasser hospital and put him in incubation department. We received the infant on 17 September 2008, and immediately we started the procedures of admission then we informed the attorney general, the Ministry of Interior, the Ministry of Social Affairs, the Sharia court and the police about the infant". He explained that "Al-Rahma society made some procedures before enrolling the infant, such as opening a file for the infant after documenting all the specifications and any distinguished marks. Fingerprints of the infant’s feet were taken and we communicated with the investigation office in the police to open ostracism child file. Later on we contacted the Ministry of Health and the hospital to issue a birth certificate for the infant with unreal names of parents. After that Al-Rahama society became the guardian of the infant." Barakat clarified that " to adopt a child in legal way there are the following conditions: 1. medical report assured that one of the parents can not have children. 2.the parents own a residence 3.the ability to care physically and financially of a child. "There are some cases where Al-Rahama society returned the adopted children from the foster parents due to their ill-treatment to the children. Also, these children have the right of education where they are educated in governmental and UNRWA schools." According to Al-Dameer report, the number of unknown parentage children from 1993 to 2008 in Gaza Strip is (165) with an average of 11 to 12 children a year, and in 2008 until now there are 7 children. Al-Dameer Assoc considers those children as victims in the society and therefore we must be assured that these children should not face ill-treatment that will negatively impact their lives in the future. The international and local laws guarantee the protection of these children where in the convention of children rights, article (3) states "1. In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration. 2. States Parties undertake to ensure the child such protection and care as is necessary for his or her well-being, taking into account the rights and duties of his or her parents, legal guardians, or other individuals legally responsible for him or her, and, to this end, shall take all appropriate legislative and administrative measures. 3. States Parties shall ensure that the institutions, services and facilities responsible for the care or protection of children shall conform with the standards established by competent authorities, particularly in the areas of safety, health, in the number and suitability of their staff, as well as competent supervision". Article (20) in the same convention states " 1. (A) child temporarily or permanently deprived of his or her family environment, or in whose own best interests cannot be allowed to remain in that environment, shall be entitled to special protection and assistance provided by the State. 2. States Parties shall in accordance with their national laws ensure alternative care for such a child. 3. Such care could include, inter alia, foster placement, kafalah of Islamic law, adoption or if necessary placement in suitable institutions for the care of children. When considering solutions, due regard shall be paid to the desirability of continuity in a child's upbringing and to the child's ethnic, religious, cultural and linguistic background. paragraph (A) in article (21) in the same convention stated "States Parties that recognize and/or permit the system of adoption shall ensure that the best interests of the child shall be the paramount consideration and they shall: (a) Ensure that the adoption of a child is authorized only by competent authorities who determine, in accordance with applicable law and procedures and on the basis of all pertinent and reliable information, that the adoption is permissible in view of the child's status concerning parents, relatives and legal guardians and that, if required, the persons concerned have given their informed consent to the adoption on the basis of such counseling as may be necessary". And the Palestinian children law for 2004 the article (3) stated "1- every child shall enjoy all rights stipulated in this law without any form of discrimination, irrespective of their race, color, religion, national, religious, or social affiliations, or their wealth, disabilities, birth, parentage, or any others types of discriminations. 2- the state shall take all suitable measures to protect and safeguard children from all forms of discrimination in order to secure actual equality and benefiting from all the rights stipulated in this law. Where article (31) stated that "In accordance to the rules and conditions set by the State and its institutions, the following categories of children shall have the right to obtain social assistance: 1. Orphaned children and children with unknown father and parents. 2. Children at social welfare institutions 3. Non-sustained children of a divorcee and deserted women who have no provider. 4. Children whose parents are in prison, missing or incapable to work, due to sickness or disability, and children who have no provider. 5.Children of families whose housed have been destroyed or burnt 6. Disabled children, or children with chronic diseases 7. Twin children (three and above). Accordingly Al-Dameer Assoc is demanding: From all the parties to cooperate in order to raise the awareness of the people in the society to avoid unknown parent problems, and to respect these children. More on Children's in OPT
- To enforce the law of unknown parentage in international and local law.
- To integrate these group of children into the society to lead a normal and health life as other children. .
- To increase the number of adopted children.
The Palestinian society should financially and mentally support such children