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Summary: This report extracts mentions of children's rights issues in the reports of the UN Special Procedures. This does not include reports of child specific Special Procedures, such as the Special Rapporteur on the sale of children, child prostitution and child pornography, which are available as separate reports.
Please note that the language may have been edited in places for the purpose of clarity.
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- Report by the Special Rapporteur on freedom of expression
- Report by the Special Rapporteur on human rights defenders
- Joint report by Special Rapporteurs on summary execution, health, internally displaced persons, adequate standard of living
- Report of the Special Rapporteur on freedom of religion or belief, Asma Jahangir*
- Report of the Special Rapporteur on the Promotion and Protection of human rights and fundamental freedoms while countering terrorism
- Report by the Special Rapporteur on adequate housing
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Report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
Frank La Rue
(A/HRC/20/17/Add.2)
Country visit: 6– 17 December 2011
Report published: 11 June 2012
No mention of children’s rights.
Report submitted by the Special Representative of the Secretary-General on the situation of human rights defenders, Hina Jilani
E/CN.4/2006/95/Add.3
Report submitted on 10 March 2006
Issues raised:
Children's rights advocates: Human rights organizations and defenders in Israel work on a variety of issues encompassing civil and political rights as well as social, economic and cultural rights. There are organizations that monitor and report on prisoners’ rights, torture, administrative detention and the right to due process. There is an active peace movement and organizations that carry out programmes on Arab-Jewish partnership and coexistence. Several groups advocate for the rights of minorities in Israel and for the elimination of racism and discrimination. Strong networks on women’s rights are actively engaged with issues such as violence against women and the legal status of women under personal laws of the different religious communities. Several child rights organizations work on the rights protected by the Convention on the Rights of the Child. (Paragraph 12).
Violence: A vast number of organizations and individuals defend the rights of Palestinians affected by the practices of occupation in the Occupied Palestinian Territory: lawyers providing legal assistance to Palestinian prisoners, including human rights defenders in Israeli prisons; activists supporting and defending the right to peaceful protest and the freedom of assembly; volunteers monitoring army checkpoints to report on the violations that Palestinians suffer at the hands of the Israeli Defense Forces, and those who monitor abuse of Palestinians by Israeli settlers and provide accompaniment services to prevent such abuse, especially against schoolchildren; and organizations working on the rights of refugees and providing humanitarian assistance to them. (Paragraph 14).
Detention: A few examples from a long list of defenders who are, or have remained, under administrative detention are: (Paragraph 39).
(c) The Special Representative also sent communications regarding the detention of Daoud Dirawi, a child rights lawyer working with Defence for Children International (DCI), in November 2004, and of Abd al-Latif Gheith, board chairman of Addameer Prisoner’s Support and Human Rights Association, in July 2004.
Obstruction of humanitarian services: The Special Representative remains deeply concerned at the continuing obstruction of humanitarian services. Several incidents have been reported to her of undue delay and denial of access to ambulances, and the killing, wounding, arrest and detention, abuse and humiliation of ambulance drivers, paramedics and medical professionals. These violations had attained serious dimensions in 2002 during Israel’s Operation Defensive Shield. However the incidents continue to occur in clear violation of international humanitarian law.16 Dozens of unsafe deliveries in which both mothers and infants have died at checkpoints have been documented by the United Nations. (Paragraph 49).
Violence: According to the Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967, settler violence is on the increase, with 68 incidents reported in May 2005 and 67 in June.18 Settler violence occurs across the West Bank, and previously Gaza, with Israeli authorities rarely intervening or investigating complaints. In this hostile environment, the role of the human rights defender is to watch over, accompany and shield Palestinians from violence such as being beaten or stoned by groups of settlers. They walk Palestinian children to and from school, assist pregnant women or the elderly gain safe passage to medical facilities. Such basic tasks require considerable courage and determination considering the level of impunity that settlers enjoy for violations of the Palestinians’ right to security of person and property. (Paragraph 56).
Report of the Special Rapporteur on extra-judicial, summary or arbitrary executions, Philip Alston; the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, Paul Hunt; the Representative of the Secretary-General on human rights of internally displaced persons, Walter Kälin; and the Special Rapporteur on adequate housing as a component of the right to an adequate standard of living, Miloon Kothari.
A/HRC/2/7
Report issued on 2 October 2006
Visit made: 7 – 14 September 2006
Issues raised:
Children affected by conflict: Those who did not leave had to seek refuge in air-raid shelters under ground. In Israel, these shelters, which can be private or public, constitute an essential part of the civilian population protection system. In Kiryat Shmona, for instance, 5,000-10,000 residents who remained in the city lived in shelters. The living conditions in these shelters were said to be appalling, with people suffering from overcrowding, very high temperatures and lack of hygiene and fresh air.93 In some parts of the north, children and adults remained in the shelters almost 24 hours a day for approximately one month. Magen David Adom personnel treated and evacuated over 2,500 casualties, including 1,500 suffering from “anxiety attacks”.94 In particular, women and children were reported to have suffered from acute stress arising from the conflict. (Paragraph 77)
The situation of the Arab communities, 60 per cent of which live in the Northern District and Haifa, raises particular concern. Some individuals, including local authorities, have complained about alleged negligence towards Israeli-Arab communities. According to a survey carried out in Israel, only 41 per cent of the Arab Councils have emergency alarm systems and only 46 per cent have shelters - all in schools.101 It was reported that emergency instructions for residents were provided in Hebrew and, exceptionally, in Russian. Moreover, on several occasions Arab Israelis stated that before, during and after the conflict, their communities did not have the same access to health services, including for mental health, as Jewish Israelis.102 It was also noted that since many Arab Israelis are among the poorer population in Israel, it was difficult for many to flee the area.103 All interlocutors who referred to the specific difficulties faced by Arab Israelis during the conflict insisted on the need to analyse this situation in light of the historic discrimination suffered by these communities in Israel.104 (Paragraph 80).
Report of the Special Rapporteur on freedom of religion or belief, Asma Jahangir*
A/HRC/10/8/Add.2
Report published on 12 January 2009
Issues raised:
Age restrictions: Furthermore, on several occasions age restrictions have been imposed by the Government of Israel on the access to al-Haram al-Sharif/Temple Mount in Jerusalem. During Ramadan in 2007, for example, sometimes only Palestinians over the age of 45 were allowed entrance and at other times only Jerusalem identity cardholders or only residents of the old city over the age of 50 were permitted. On some Fridays, children were allowed to cross Israeli checkpoints with older relatives but on the last Friday of Ramadan in 2007 even young children were reportedly turned back. On 21 September 2007, no access was permitted for Palestinians from the West Bank since all checkpoints were closed for the Jewish holiday of Yom Kippur.8 (Paragraph 28).
Incitement to religious hatred: There have also been worrying reports from the Occupied Palestinian Territory on cases of incitement to religious hatred vis-à-vis Jews. One shocking example brought to the attention of the Special Rapporteur was a broadcast in March 2007, in which the interviewer from Al-Aqsa TV in Gaza asked the two young children of a Palestinian suicide bomber “how many Jews” their mother had killed and if they wanted to join her in paradise. Furthermore, some Palestinian schoolbooks allegedly continue to idealize martyrdom and glorify the aspiration to seek a violent death in the name of religion. The Special Rapporteur would like to recall article 20 (2) of the Covenant which requires that any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law. (Paragraph 57).
Religious conversion: Religious conversion of children is regulated by the Guardianship and Legal Capacity Law 1962. Children who have not yet reached the age of ten may be converted if both of their parents agree to conversion or if the court approves conversion upon the application of one of the parents. The religious conversion of children who have reached ten years of age requires both an application by their parents and the consent of the children. In this regard, the Special Rapporteur would like to reiterate that the choice of religion is restricted by the parents’ rights to determine their child’s religion up to an age where the child is capable of doing so on his or her own. Such a case-by-case approach is also supported by article 12 (1) of the Convention on the Rights of the Child, which requests States parties to “assure to the child who is capable of forming his or her own views to express those views freely in all matters affecting the child, the views of the child being given due weight in accordance with the age and maturity of the child”. (Paragraph 59).
Report of the Special Rapporteur on the Promotion and Protection of human rights and fundamental freedoms while countering terrorism on his mission to Israel, including visit to Occupied Palestinian Territory.
Visit undertaken from 3-10 JULY 2007
A/HRC/6/17/Add.4
Interrogation techniques: It was therefore troubling to the Special Rapporteur to receive reports of the continued use by Israel of interrogation techniques such as beatings, sleep deprivation, use of the “shabach” position (where a person’s hands are tied behind his back, and he is seated for long periods on a small and low chair tilted forward towards the ground), and excessively tight handcuffs.18 It is reported that child detainees have been subject to similar treatment, and threats being made of having the child’s family members beaten or their family home destroyed.19 The Special Rapporteur received assurances that all instances of the use of moderate physical pressure fell within the bounds of the necessity defence, and that no individual interrogator has been the subject of criminal charges since the 1999 Supreme Court decision, despite the existence of mechanisms facilitating the reporting of abuse by persons under interrogation. In that regard, Israel has established a process by which any person under interrogation may make an allegation of ill-treatment, which will then be investigated by a complaints inspector. Although the rules of operation of the Israeli Security Agency do not allow interference with the investigations of the inspector, who reports directly to the State Attorney’s Office, the Special Rapporteur is concerned about the ability of the inspector, as an employee of the Israeli Security Agency, to act truly independently from the Agency and thus vigorously investigate allegations of ill-treatment or torture. According to the statistics given to the Special Rapporteur, since 2000, the inspector has initiated more than 550 examinations, but only 4 have resulted in disciplinary measures and not a single one in prosecution. The Special Rapporteur disagrees with the Supreme Court ruling that article 34 (11) of the Penal Law may be used to permit the exercise of discretion in deciding whether to prosecute an individual interrogator against whom allegations have been made of torture or cruel, inhuman or degrading treatment.16 Given the non-derogable and peremptory nature of the prohibition of torture, such determinations should only be made by a court during the course of a criminal trial. (Paragraph 19).
Solitary confinement: Of the 700 Palestinian children arrested in 2006, 25 were held on administrative detention orders.23 Article 37 (b) of the Convention on the Rights of the Child requires, inter alia, that the detention or imprisonment of a child be used as a measure of last resort and for the shortest appropriate period of time. There are also reports that solitary confinement has been used by prison authorities as a means of encouraging confessions from children, or as a punishment for infractions of prison rules.24 Rule 67 of the United Nations Standard Minimum Rules for the Administration of Juvenile Justice prohibits disciplinary measures against children to include solitary confinement. Furthermore, whereas rule 26 (2) requires child detainees to receive educational care according to their age, it is reported that Hasharon prison, being one of five Israeli prisons at which children are detained, is the only facility providing Palestinian child prisoners with education facilities.2 (Paragraph 28).
Checkpoints: Delays at checkpoints have complicated childbirth for Palestinian women. This has resulted in the delivery of children at checkpoints and unattended roadside births, putting at risk the health of both child and mother, and leading to numerous miscarriages and the death of at least five mothers.37 These hardships are reported to have contributed to an 8.2 per cent increase in home deliveries.38 The Special Rapporteur was furthermore troubled to hear of three cases in April 2007 in which Palestinian ambulance drivers are said to have been harassed and beaten at checkpoints in the Jenin area.39 If true, not only were the civil rights of those individuals violated, as was the right to physical and mental health for all, as guaranteed under article 12 (1) of the International Covenant on Economic, Social and Cultural Rights, but it would also constitute a violation of international humanitarian law norms, which require that medical personnel be respected and protected at all times. (Paragraph 40).
Education: As a result of the barrier, Palestinian children encounter significant obstacles in attending or remaining at educational institutions. It also affects the movement of teaching staff, whether this be as a result of the barrier having been erected between “closed” communities and educational facilities, or the difficulties in obtaining special permits from the Israel Defense Forces to enter areas in which educational facilities are present.40 As reflected in article 50 of the Fourth Geneva Convention, it is the duty of an occupying power to cooperate with national and local authorities to facilitate the proper working of all institutions devoted to the care and education of children. The Special Rapporteur was very troubled by reports of incidents involving attacks by the Israel Defense Forces on students, military raids on schools and the destruction of schools and school property.41 (Paragraph 41).
Children and armed conflict: Particularly problematic to counter-terrorist operations in Israel and the Occupied Palestinian Territory is the overlap between armed conflict and policing. The Israeli Defense Force is a conscript armed force, with young soldiers facing a daily dilemma between the preservation of their own lives and the legitimate recognition and targeting of threats. This combination has led to many instances of unprofessional conduct, readily acknowledged by senior military staff and civil servants with whom the Special Rapporteur met. Such conduct can serve to undermine the very role of the Israel Defense Forces in seeking to achieve a sustainable end to terrorist activities. This is most palpably evident in the Israel Defense Forces security screening and search procedures at checkpoints, raising concerns about privacy and Office for the Coordination of Humanitarian Affairs, “Gaza Fishing: An Industry in Danger” (April 2007). non-discrimination, particularly heightened in the case of women and children. The Special Rapporteur regrets that the Government of Israel chose not to share with him existing standing orders concerning searches by the Israel Defense Forces of persons, including those at checkpoints. (Paragraph 47).
Children as human shields: Despite a decision of the Supreme Court of Israel in 2005 banning the use of human shields, the Special Rapporteur received allegations supported by videotape recordings of recent incidents in Nablus and Balata that Palestinians, including children, continue to be exposed to violence during the conduct of Israel Defense Forces operations by either forcing them to enter potentially dangerous buildings ahead of Israeli soldiers or to stand in front of military vehicles to stop the throwing of stones against those vehicles. Such unprofessional conduct may be deeply traumatizing for the individuals in question, in particular children, and has the effect of causing frustration and anger among the Palestinian people. (Paragraph 48).
Demolition of schools: The Special Rapporteur heard from various interlocutors, including the Office for the Coordination of Humanitarian Affairs in the Occupied Palestinian Territory, of the demolition of housing by Israel. He was told of many such demolitions in response to the construction of houses without a permit or in some other way contrary to building laws, but was troubled to learn of the inconsistent and apparently discriminatory enforcement of such laws, whereby demolition consistently occurs in the case of property owned by Palestinians but rarely in the case of property owned by Israelis. According to reports, in July 2005, the village of Khirbet Tana in Nablus was almost entirely demolished, including an elementary school which had previously had 40 pupils enrolled, leaving only a mosque and a single building standing.45 (Paragraph 49).
State violence: The Special Rapporteur was encouraged to hear from the Israeli Security Agency its position that civilians taking direct part in hostilities may not be attacked if less harmful means, such as arrest and trial, can be employed, consistent with the decision of the Supreme Court. Such an approach, regrettably, does not appear to be borne out by statistics on civilian deaths. A total of 678 Palestinian civilians were killed in 2006, of which 127 were children.51 Between the start of the intifada in 2000 and the end of 2005, 728 Palestinian children were killed as a result of Israeli military activity in the Occupied Palestinian Territory, representing the highest number of child fatalities at the hand of Israeli forces in any five-year period since the 1967 occupation of the West Bank.52 The Special Rapporteur was alarmed to receive reports of the killing of persons apprehended by Israeli agents in situations where such persons could have been arrested or provided with medical treatment to prevent death.53 (Paragraph 53).
Recommendations:
Detention as last resort: The Special Rapporteur urges that care be taken to ensure that counter-terrorism law and practice never be used as a means of preventing or undermining the development of democracy in Palestinian territory. He further urges Israel to ensure that the detention or imprisonment of a child be used as a measure of last resort, that solitary confinement never be used by prison authorities as a means of coercion or punishment of children, and that all facilities in which children are detained provide educational care appropriate to the age of each child. (Paragraph 58).
SR on adequate housing 29 January - 12 February 2012)
No report