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Summary: Report on the Working Group of the Universal Periodic Review
Israel – 3rd Session – 2008
Summary of the proceedings of the review process
11.Israel is proud of its social rights system. All Israeli residents are entitled to free primary and secondary education and to public health insurance. Israel has a relatively well developed social security system for its residents, assisting financially, inter alia, people with disabilities, the aged and the unemployed. In recent years, Israel has made great progress with regard to gay and lesbian rights, though the issue remains controversial.
21. The State’s efforts and challenges upholding human rights and its institutions were noted by France, Austria, Belgium and Brazil, with particular reference to the Supreme Court; Ukraine and Turkey to the National Council for Children; Turkey to the Ombudsman for Children and Youth and a special Ombudsman for Arab children and immigrant children; the United Kingdom and Ukraine to the appointment of a national coordinator on trafficking in persons; Burkina Faso to the commission for equal rights for persons with disabilities; and Burkina Faso and Finland to the commission for equal opportunity in employment. Maldives mentioned the State’s signature of the Convention on the Rights of Persons with Disabilities, Latvia the ratification of the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography; Maldives and Japan, the cooperation with treaty bodies; and Switzerland, Maldives and Latvia, the cooperation with special procedures. The following delegations made reference to developments in the legal framework: Romania referred to the enactment of the Criminal Procedure Law in 2007 and amendments to the 1998 Freedom of Information Act; Turkey and Latvia to the Gender Implications Legislation; Greece to the enactment of the Equal Rights for Women Law; and the Philippines and Romania to the 2006 anti-trafficking law. Latvia, Japan, Ukraine, Mexico, Brazil and Romania highlighted the State’s efforts in combating trafficking; Burkina Faso and Ukraine, the efforts to promote the rights of the child; the Holy See, the United Kingdom, Burkina Faso, Mexico, Japan and Brazil, the efforts to promote the rights of persons with disabilities; the United Kingdom and Japan, the banning of corporal punishment throughout the education system; the Holy See, Latvia, Burkina Faso, Japan and Guatemala, the promoting of gender equality; the United Kingdom and Brazil, the promotion of the rights of same-sex couples; and Australia, the Parliamentary scrutiny of the state of emergency.
41. Slovenia noted with concern the information in the OHCHR compilation and stakeholders’ reports on the refusal to the right to conscientious objection, part of the right to freedom of thought, conscience and religion, and on imprisonment in this regard. It asked if Israel intended to review this, and recommended ceasing imprisoning conscientious objectors and considering granting the right to conscientious objection to serve instead with a civilian body independent of the military. It asked about concrete steps planned to implement the recommendations of the Committee on the Rights of the Child, and recommended that Israel develop mechanisms for overseeing their implementation in the West Bank and Gaza. Concerned about the lack of or limited right to education of Palestinian children held in Israeli detention, some in administrative detention, and about reports of mistreatment, it asked about steps to bring the State’s policy towards Palestinian minors in detention into line with international norms and standards. It recommended establishing a separate juvenile justice system to try accused Palestinian children. Noting that the definition of a child under Israeli military law for children in the Occupied Palestinian Territories differs from its civil law and from the international standard of 18 years of age, it asked about steps to consistently define the age of the child as 18. Slovenia commended the de facto moratorium on death penalty and encouraged the State to move towards its formal and final legal abolition.
68. Italy asked about concrete steps on the recommendations of the Committee on the Rights of the Child, particularly on the situation of children in the Occupied Palestinian Territories. Italy recommended applying the definition of a child as a person under 18 years also in the territories, in line with article 1 of the Convention. It recommended progressive removal of restrictions that prevent Palestinian children from access to basic services, including schools and health care. Italy noted with satisfaction that freedom of religion and the protection of places of worship are guaranteed by law, but noted that, in practice, some sacred places do not benefit from the same legal protection as official Jewish places of worship. Italy recommended that Israel guarantee equitable protection to all places of worship in the country, including all Muslim and Christian sacred places. It also recommended that it lift unnecessary restrictions on the granting of visas, particularly multiple entry visas, to members of the Christian clergy in the exercise of their religious duties. Italy expressed its firm commitment to the legitimate rights of Israel to ensure its own security, but noted that, although the Government recently announced that the Israel Defense Forces had removed more than 70 physical obstructions in the West Bank, investigations by some human rights organizations indicate that, in some places in the northern West Bank, obstructions previously removed had been moved back into place. Italy recommended ensuring more freedom of movement for the Palestinians in the West Bank and particularly Gaza in order to ensure adequate standards of living for Palestinian people and improve their access to health, education and work .
83. Ukraine requested more information on mechanisms such as the Military Ombudsman, the Ombudsman of the Ministry of Health and the Ombudsman for Children and Youth, particularly on the way that their activities are coordinated to avoid duplication or in the case of multi-sector problems.
84. Romania asked for more information on policies to implement legislation on human trafficking, prostitution, slavery and child pornography in all its dimensions, including transnational organized crime. It recommended and hoped that the relationship of the Government with civil society would intensify. Romania asked for information on the role of the Authority for the Advancement of Women in the national action plan and in implementing its cooperation with treaty bodies and special procedures. Romania recommended that Israel expedite ratification of the Convention on the Rights of Persons with Disabilities so that it may become effective at the earliest opportunity.
92. Israel expressed appreciation to the representatives who commended its efforts and progress, specifically with regard to persons with disabilities, women’s rights, children’s rights and trafficking in persons. Israel indicated it wanted to correct a few misconceptions in a number of statements. One representative suggested that persons under administrative detention were not entitled to access to a lawyer; in fact, individuals under administrative detention are entitled to counsel and the legal representation of their choice.
Conclusion and Recommendations
45. Establish a separate juvenile justice system to try accused Palestinian children (Slovenia);
50. Progressively remove restrictions that prevent Palestinian children from having access to basic services, including schools and health care (Italy);