ISRAEL: Children's Rights in UN Treaty Body Reports

Submitted by crinadmin on Thu, 19/09/2013 - 12:57

Summary: This report extracts mentions of children's rights issues in the reports of all UN Treaty Bodies and their follow-up procedures. This does not include the Concluding Observations of the UN Committee on the Rights of the Child which are available here: http://www.crin.org/resources/treaties/index.asp

Please note that the language may have been edited in places for the purpose of clarity.

UN Human Rights Committee
UN Committee on Economic, Social and Cultural Rights
UN Committee on the Elimination of Racial Discrimination
UN Committee on the Elimination of Discrimination against Women
UN Committee against Torture
UN Committee on Migrant Workers
UN Committee on the Rights of Persons with Disabilities
UN Committee on Enforced Disappearance

_________________________________________________________

UN Human Rights Committee

CCPR/C/SR.3127

Adopted by the Committee: 28 October 2014

Published by the Committee: 31 October 2014

Issues raised:

Legislative reforms:

Adoption of Amendment No. 4 to the Pupil's Rights Law 5761-2000 whereby sexual orientation and gender identity were added to the prohibited grounds of discrimination against pupils, in March 2014 (para.3).

Torture and ill-treatment:

The Committee is concerned at reports of the use of torture and other ill-treatment in the State party’s detention facilities, including widespread, systematic and institutionalized ill-treatment of Palestinian children. It is particularly concerned that no preliminary investigations by Inspector for Complaints against the Israel Security Agency (ISA) have led to judicial proceedings against alleged perpetrators (arts. 2, 7 and 24). The State party should take robust measures to eradicate torture and ill-treatment against adult and child detainees and carry out prompt, thorough, effective, independent and impartial investigations into all allegations of torture and ill-treatment, including in the case of complaints against the Israel Security Agency, hold perpetrators accountable and provide victims with effective remedies, including appropriate compensation (para.15).

Juvenile criminal justice:

The Committee, while noting positive developments in the administration of juvenile military justice, including the increase in the age of majority in the military courts from 16 to 18 years and the adoption of a number of military orders providing for guarantees and safeguards for children, remains concerned that such reforms appear not to be effectively implemented in practice and that Palestinian children are still exposed to arbitrary arrest and detention and often do not enjoy full procedural rights (arts. 2, 7, 9, 10, 14 and 24). The State party should ensure that any arrest and detention of a child is in conformity with article 9 of the Covenant. It should further ensure that children are: Only detained as a measure of last resort and for the shortest possible period of time; Treated at all times with respect and dignity and in accordance with their age, specific needs and vulnerability; Provided with safe and child-friendly complaint mechanisms, including during trials, regarding treatment at the time of arrest, interrogation and detention, and that proceedings are audio-visually recorded; Afforded, in practice, all fair trial guarantees in line with article 14 of the Covenant (para.19).

(CCPR/C/ISR/CO/3)

Last Reported: 13 and 14 July 2010
Concluding Observations Adopted: 29 July 2010

Concerns Raised:

Demolished Property: The Committee is concerned that, despite its previous recommendation in paragraph 16 of its concluding observations (CCPR/CO/78/ISR), the State party continues its practice of demolishing property and homes of families whose members were or are suspected of involvement in terrorist activities, without considering other less intrusive measures. This practice was exacerbated disproportionately during the State party's military intervention in the Gaza Strip ("Operation Cast Lead"), leading to the destruction of housing, as well as civilian infrastructure, such as hospitals, schools, farms, water plants etc. Moreover, the Committee is concerned at frequent administrative demolition of property, homes, as well as schools in the West Bank and East Jerusalem due to the absence of construction permits, their issuance being frequently denied to Palestinians. Furthermore, it is concerned at discriminatory municipal planning systems, in particular in "area C" of the West Bank, as well as East Jerusalem, disproportionately favouring the Jewish population of these areas (arts. 7, 17, 23 and 26).
The Committee recommends that the State party:

(a) Cease its practice of collective punitive home and property demolitions

(b) Further review its housing policy and issuance of construction permits with a view to implementing the principle of non-discrimination regarding minorities, in particular Palestinians and to increasing construction on a legal basis for minorities of the West Bank and East Jerusalem.

(c) Ensure that municipal planning systems are not discriminatory. (Paragraph 17)
Visits to Prisoners: The Committee notes with concern that the State party's Supreme Court upheld the ban on family visits to Palestinian prisoners in Israel, including for children. In addition, the Committee is also concerned that detainees suspected of security-related offences are not allowed to maintain telephone contact with their families (arts. 23 and 24).
The Committee urges the State party to:

(a) Reinstate the family visit programme supported by the International Committee of the Red Cross for prisoners from the Gaza Strip.

(b) Enhance prisoners' suspected of security-related offences right to maintain contact with their families, including by telephone. (Paragraph 21)
Juvenile Justice System: The Committee is concerned at a number of differences in the juvenile justice system between Israeli legislation and under military orders in the West Bank. Under military orders, children of the age of 16 are tried as adults, even if the crime was committed when they were below the age of 16. Interrogations of children in the West Bank are conducted in the absence of parents or close relatives and a lawyer and they are not audio-visually recorded. The Committee is further concerned at allegations that children detained under military orders are not promptly informed, in a language they understand, of the charges against them and that they may be detained up to eight days before being brought before a military judge. It is also very concerned at allegations of torture, cruel, inhuman or degrading treatment of juvenile offenders (arts. 7, 14 and 24).
The Committee urges the State party to:
(a) Ensure that children are not tried as adults;

(b) Refrain from holding criminal proceedings against children in military courts, ensure that children are only detained as a measure of last resort and for the shortest possible time period, guarantee that proceedings involving children are audio-visually recorded and that trials are conducted in a prompt and impartial manner, in accordance with fair trial standards;

(c) Inform parents or close relatives where the child is detained and provide the child with prompt access to free and independent legal assistance of its own choosing;

(d) Ensure that reports of torture or cruel, inhuman or degrading treatment of detained children are investigated promptly by an independent body. (Paragraph 22)

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UN Committee on Economic, Social and Cultural Rights

(E/C.12/ISR/CO/3)

Last Reported: 16 and 17 November 2011
Concluding Observations Adopted: 2 December 2011

Concerns Raised

Domestic Violence: The Committee, while recognising the efforts undertaken by the State party to combat domestic violence, is concerned that the prevalence of domestic violence against women and girls has not decreased significantly. It is also concerned that domestic violence is not defined as a crime in the Penal Code (art.10).
The Committee recommends that the State party:

(a) Define domestic violence as a crime in the Penal Code and intensify its efforts to prevent and combat domestic violence, including through awareness-raiding campaigns aimed at all segments of the population.

(b) Ensure an effective access to justice for victims of domestic violence, ensure the prosecution and punishment of perpetrators of such violence, and adopt effective protection measures, especially restraining orders.

(c) Provide training on domestic violence for the police, judiciary and other relevant officials. (Paragraph 18)
Sexual and Reproductive Health: The Committee is concerned that the State Party has not provided sufficient information concerning education, services and programmes on sexual and reproductive health aimed at the most vulnerable segments, such as women and young people from the Arab Israeli population group and those living in the OPT.
The Committee recommends that the State Party:

(a) Increases its efforts in the creation of educational programmes and services on sexual and reproductive health for all the population, especially women and young people from the OPT and the Arab Israeli population group. (Paragraph 19)
Family Reunification: The Committee is concerned that the Citizenship and Entry into Israel Law (Temporary Provision) 5763-2003, as amended in 2005 and 2007, imposes severe restrictions on family reunification (art.10).
The Committee urges the State party to:

(a) Guarantee and facilitate family reunification for all citizens and permanent residents irrespective of their status or background, and ensure the widest possible protection of, and assistance to, the family. (Paragraph 20)
Custody: The Committee is concerned that, in the case of a divorce, custody of children up to the age of six is always given to mothers, and that fathers are often required to pay child support awards that exceed their income, and if not that their freedom of movement is seriously curtailed. The Committee is concerned that divorced fathers often are required to visit their children in supervised visitation centers during their working hours, which leads to the accumulation of work absences and the risk of dismissal. (art. 10).
The Committee recommends that the State party:

(a) Amend the Capacity and Guardianship Law so that custody of children up to the age of six is not always given to mothers, and ensure that child support awards do not lead to an inadequate standard of living for the father. (Paragraph 22)
Bedouin Women and Girls: The Committee is concerned about the unequal treatment of Bedouin women and girls with regard to education, employment, and health, especially those living in unrecognised villages (articles 3, 11, 12, 13, 14).
The Committee recommends that the State party:

(a) Continue to take measures to improve the situation of Bedouin women and girls with regard to their access to health care, education and employment. (Paragraph 30)
Education: The Committee is concerned that the school dropout rate is systematically higher in Arab schools compared to Hebrew schools, especially in Grade 9. It is also concerned about the serious shortage of classrooms in schools for Arab Israeli children, as well as in the OPT (articles 13 and 14).
The Committee recommends that the State party:

(a) Intensify its efforts to lower the high drop-out rate for Arab Israeli and Bedouin children, including through strict enforcement of the Compulsory Education Law 5709-1949.

(b) Take the necessary measures to address the serious shortage of classrooms in schools for Arab Israeli children and in the OPT.

(c) Ensure that children living in East Jerusalem are able to be absorbed in the regular education system through the establishment of adequate infrastructures, and until such time to provide financial coverage for alternative educational frameworks as an interim solution, in line with the decision of the High Court of Justice of 6 February 2011. (Paragraph 33)
Children with Disabilities: The Committee is also concerned that the education system still does not provide adequate support to children with disabilities. It also notes with concern reports of the lack of services provided in practice to children with disabilities in regular schools, effectively limiting their integration into regular class settings (art.13 and 14).
The Committee recommends that the State party:

(a) Adopt measures in the law and in practice to ensure the implementation of inclusive education of children with disabilities, such as the obligatory training of all teachers (beyond special education teachers), to require individual education plans for all students, ensure the availability of assistive devices and support in classrooms, educational materials and curricula, ensure the accessibility of physical school environments, encourage the teaching of sign language, and allocate the necessary budget for all those measures. The Committee draws the attention of the State party to its General Comment No.5 (1994) on persons with disabilities. (Paragraph 34)
Palestinian Children: The Committee is also concerned that Palestinian children living in the OPT are not able to enjoy their right to education, as a consequence of restrictions on their movement, regular harassment by settlers of children and teachers on their way to and from school, attacks on educational facilities, and sub-standard school infrastructure. The Committee also notes with concern that there are as many as 10,000 unregistered children in East Jerusalem, out of which around 5,500 are of school age but do not attend school due to their lack of registration (articles 13 and 14).
The Committee recommends that the State party:

(a) Take measures so as to enable the Palestinian Authority to exercise its functions and powers emanating from the 1993 Interim Agreement, ensuring the right to education for Palestinian children living in the OPT.

(b) Address violations of the right to education, including those stemming from restriction on movement, incidents of harassment and attacks by the Israeli military and settlers on school children and educational facilities, as well as non-attendance caused by a lack of registration. (Paragraph 35)

_________________________________________________________

UN Committee on the Elimination of Racial Discrimination

CERD/C/ISR/CO/14-16
Last reported: 15 / 16 February 2012
Concluding Observations issued: 3 April 2012

Issues raised:

Detention: The Committee is extremely concerned at the existence of two sets of laws, for Palestinians on the one hand and Jewish settlers on the other hand who reside in the same territory, namely the West Bank, including East Jerusalem, and are not subject to the same justice system (criminal as well as civil matters). The Committee is particularly concerned at worrying reports of an increase in the arrest and detention of children and of the undermining of their judicial guarantees, notably in relation to the competence of military courts to try Palestinian children, which is inconsistent with international law. The Committee expresses great concern at the State party’s maintenance of administrative detention for both Palestinian children and adults based on evidence that is kept secret for security reasons. It also expresses concern at the monetary and physical obstacles faced by Palestinians seeking compensation before Israeli tribunals for loss suffered, in particular as a consequence of the IDF Operation Cast Lead in the Gaza Strip (arts. 3, 5 and 6 of the Convention). para 27

Recalling its general recommendation 31 (2005) on the prevention of racial discrimination in the administration and functioning of the criminal justice system, the Committee recommends that the State party ensure equal access to justice for all persons residing in territories under the State party’s effective control. The Committee urges the State party to end its current practice of administrative detention, which is discriminatory and constitutes arbitrary detention under international human rights law.

Education: The Committee is concerned about the increase in racist violence and acts of vandalism on the part of Jewish settlers in the Occupied Palestinian Territory targeting non-Jews, including Muslims and Christians and their holy places, and about information according to which 90 per cent of Israeli police investigations into settler-related violence carried out between 2005 and 2010 were closed without prosecution. The Committee is particularly alarmed by reports of impunity of terrorist groups such as Price Tag, which reportedly enjoy political and legal support from certain sections of the Israeli political establishment. The Committee is also concerned about the impact of settler violence on the right of women and girls to access basic services such as the right to education (arts. 4 and 5 of the Convention). Para 28.

While noting with interest the establishment of the ministerial team meant to address matters relating to settler violence, the Committee, recalling its previous concluding observations (CERD/C/ISR/CO/13, para. 37), urges the State party to ensure that all forms of violence and harassment are impartially investigated by the judiciary and that perpetrators are prosecuted to the fullest extent of the law, irrespective of their national, ethnic or other origin.

(CERD/C/ISR/CO/13)

Last Reported: 22 and 23 February 2007
Concluding Observations Adopted: 6 and 8 March 2007

Concerns Raised

Access to public services: The Committee notes with concern that military service provides highly advantageous access to various public services, for example in the fields of housing and education. Such a policy is not compatible with the Convention, bearing in mind that most Arab Israeli citizens do not perform national service. (Articles 2 and 5 of the Convention)
The Committee recommends that the State party:

(a) Adopt measures to ensure that access to public services is ensured to all without discrimination, whether direct or indirect, based on race, colour, descent, or national or ethnic origin. (Paragraph 21)
Development in the Arab sector: The Committee notes the efforts made by the State party to promote development within the Arab sector, in particular through the Multi-year Plan (2001-2004). It remains concerned however that the lower level of education provision for Arab Israeli citizens is a barrier to their access to employment, and that their average income is significantly lower than that of Jewish citizens. It is also concerned by the discrepancies still remaining between the infant mortality rates and life expectancy rates of Jewish and non-Jewish populations, and by the fact that minority women and girl children are often the most disadvantaged. (Articles 2 and 5 (e) of the Convention)
The Committee recommends that the State party:

(a) Increase its efforts to ensure the equal enjoyment of economic, social and cultural rights by Arab Israeli citizens, in particular their right to work, health and education.

(b) Assess the extent to which the alleged discriminatory attitudes of employers against Arabs, scarcity of jobs near Arab communities, and lack of daycare centers in Arab villages are a cause of high unemployment rates among Arabs.

(c) Pay particular attention to Arab women in regards to its general recommendation No. 25 (2000) on gender-related dimensions of racial discrimination. (Paragraph 24)
Access to Higher Education: The Committee expresses concern about information, according to which the psychometric examinations used to test aptitudes, ability and personality, indirectly discriminate against Arabs in accessing higher education, an allegation that the State party has not commented upon as requested. (Articles 2 and 5 (e) (v) of the Convention)
The Committee urges the State party to:

(a) Ensure that access to higher education is ensured for all without discrimination, whether direct or indirect, based on race, colour, descent, or national or ethnic origin. (Paragraph 27)
Freedom of movement: The Committee is deeply concerned that the severe restrictions on the freedom of movement in the Occupied Palestinian Territories, targeting a particular national or ethnic group, especially through the wall, checkpoints, restricted roads and permit system, have created hardship and have had a highly detrimental impact on the enjoyment of human rights by Palestinians, in particular their rights to freedom of movement, family life, work, education and health. It is also concerned that the Order on Movement and Travel (Restrictions on Travel in an Israeli Vehicle) (Judea and Samaria), of 19 November 2006, which bans Israelis from transporting Palestinians in their vehicles in the West Bank, except in limited circumstances, has been suspended but not cancelled. (Articles 2, 3 and 5 of the Convention)
The Committee urges the State party to:

(a) Review these measures to ensure that restrictions on freedom of movement are not systematic but only of temporary and exceptional nature, are not applied in a discriminatory manner, and do not lead to segregation of communities.

(b) Ensure that Palestinians enjoy their human rights, in particular their rights to freedom of movement, family life, work, education and health. (Paragraph 34)

_________________________________________________________

UN Committee on the Elimination of Discrimination against Women

(CEDAW/C/ISR/CO/5)

Last Reported: 18 January 2011

Concerns Raised

Violence against women: The Committee acknowledges the efforts by the State party to combat violence against women, including the adoption of new legislation on sexual offences and the ongoing activities of the special task force of 220 investigators specialising in gender-based violence. However, the Committee expresses its concern at the prevalence of domestic and sexual violence against women and girls, particularly against women belonging to the minority communities.
The Committee urges the State party to:

(a) Ensure the effective implementation of existing legislation as well as prosecution and punishment of perpetrators of such violence;

(b) Provide the police, public prosecutors, the judiciary and other relevant Government bodies with the necessary training on domestic and sexual violence. (Paragraphs 20 and 21)
Violence against and harassment of women in the Occupied Palestinian Territories: While noting the complexity of the local administration, the Committee notes with deep concern that Palestinian women and girls continue to suffer from violent attacks from both State (Israeli soldiers) and non-State (inter alia settlers) actors, as well as all other forms of violence within their communities, including violations of the right to life, physical, psychological and verbal abuse, and sexual harassment. The Committee also notes with serious concern that such cases are rarely documented, prosecuted and punished. The Committee welcomes the establishment of an exceptional committee within the State party that provides financial assistance for battered women who wish to leave the shelters and start independent lives, but it regrets that Palestinian women do not have access to financial assistance from this committee. Furthermore, the Committee notes with concern that the restrictions on movement in the Occupied Territories as well as regular harassment by settlers of both children and teachers on their way to and from school have had a negative impact on Palestinian women and girls' access to education and to their health.
The Committee urges the State party to:

(a) Take immediate action to prevent human rights abuses and violations against women and girls in the Occupied Palestinian Territories and to protect them against such acts, including at checkpoints;

(b) Provide these women with effective access to legal remedies and ensure that such cases are fully and promptly investigated and that perpetrators are brought to justice, regardless of whether they are State or non-State actors;

(c) Ensure the provision of adequate compensation and, where appropriate, reparation to the surviving victims;

(d) Ensure that Palestinian women who are victims of violence have access to a sufficient number of shelters as well as financial and legal assistance, where necessary;

(e) Take the necessary measures to ensure that Palestinian women and girls can enjoy their right to education and their right to health, including safe and unhindered access to schools and to health facilities and resources; and

(f) Establish a constructive dialogue with the Palestinian authorities on the issues relating to violence against women under their responsibility. (Paragraphs 22 and 23)
Freedom of movement: The Committee is deeply concerned that the severe restrictions on the freedom of movement in the Occupied Palestinian Territories, especially through the wall, checkpoints, restricted roads and permit system, create hardship and have a detrimental impact on the enjoyment of human rights by Palestinian women, in particular their rights to freedom of movement, family life, work, education and health.
The Committee urges the State party to:

(a) Review these measures to ensure that restrictions on freedom of movement are not systematic, are not applied in a discriminatory manner, and do not lead to segregation of communities;

(b) Ensure that Palestinian women enjoy their human rights, in particular their rights to freedom of movement, family life, work, education and health. (Paragraphs 26 and 27)
Trafficking and exploitation of prostitution: The Committee underlines the State party's continuous efforts to address the issue of trafficking in women and girls, including the enactment of the Anti-Trafficking Law, which has broadened the definition of trafficking, as well as the adoption of the two National Plans to combat trafficking in persons for purposes of prostitution, and trafficking in persons for purposes of slavery and forced labour. While noting the extensive information provided in the fifth report and the State party's replies to the list of issues, including that there has been a sharp decline in the number of women trafficked to Israel for purposes of prostitution, the Committee remains concerned at the prevalence of trafficking in the State party as a destination country, as well as reports of internal trafficking. In addition, it is concerned at the limited information provided on the existence and implementation of regional and bilateral memorandums of understanding and/or agreements with other countries on trafficking. Furthermore, the Committee is concerned that female asylum seekers and migrants entering Israel through the Sinai desert are at high risk of becoming victims of trafficking.
The Committee urges the State party to:
(a) Fully implement article 6 of the Convention, including through effective implementation of its anti-trafficking legislation as well as its two national plans on trafficking, in order to ensure that perpetrators are punished and victims adequately protected and assisted;
(b) Strengthen its efforts at international, regional and bilateral cooperation with countries of origin and transit so as to address more effectively the causes of trafficking, and improve prevention of trafficking through information exchange; and

(c) Provide information and training on the anti-trafficking legislation to the judiciary, law enforcement officials, border guards and social workers in all parts of the country; and

(d) Provide immediate and effective treatment, including medical, psycho- social and legal assistance for women in need of international protection, who are victims of trafficking and sexual slavery, in transit to Israel. (Paragraphs 30 and 31)
Education: The Committee acknowledges the progress made in the field of education for women and girls. However, the Committee is concerned that Israeli Arab and Bedouin women and girls remain in a disadvantaged and marginalised situation, including with regard to drop-out rates and access to institutions of higher education. It is also concerned about women's disproportionately low presence in engineering and technical fields in higher education. While noting some efforts made, the Committee is further concerned that elimination of gender stereotypes from textbooks has not been prioritised, including in the Arab education system.
The Committee calls on the State party to:

(a) Take the necessary measures, including the use of temporary special measures, in accordance with article 4 and the Committee's general recommendation No. 25, to reduce the drop-out rates of Israeli Arab and Bedouin girls and increase the number of Israeli Arab and Bedouin women at institutions of higher education, inter alia through the provision of scholarships;

(b) Take effective measures to actively overcome the de facto segregation in the fields of education, to encourage the diversification of educational and professional choices for women and men and to offer incentives for women to enter traditionally male dominated fields of study;

(c) Review and revise textbooks, including in the Arab education system, through the special committee appointed for this purpose, in a speedy manner, in order to eradicate gender stereotypes. (Paragraphs 34 and 35)
Bedouin women: The Committee notes the establishment, in 2007, of the Advisory Committee on the Policy regarding Bedouin Towns as well as the detailed information provided in the State party's reports on the situation of Bedouin women and girls in the Negev desert, including the increase in school enrolment rates and decline in infant mortality. Nevertheless, the Committee reiterates its concern that Bedouin women remain in a disadvantaged and marginalised situation, especially with regard to education, employment and health, and their access to land. The Committee also reiterates its concern at the situation of Bedouin women who live in unrecognised villages with poor housing conditions and limited or no access to water, electricity and sanitation.
The Committee urges the State party to:

(a) Continue to take effective measures to eliminate discrimination against Bedouin women and to enhance respect for their human rights through effective and proactive measures, including in the fields of education, employment and health;

(b) In its planning efforts in the Negev area, respect the Bedouin population's right to their ancestral land and their traditional livelihood;

(c) Include, in its next report, detailed information on any national policy, strategy or programme carried out by the State party to improve the situation of Bedouin women and girls, including their access to health care, education and employment, as well as the impact and achievements of such government initiatives. (Paragraphs 44 and 45)
Other disadvantaged groups of women: While noting the information provided in the fifth report in respect of women with disabilities and women belonging to ethnic minorities, especially Israeli Arab women, the Committee is concerned at the very limited information provided regarding certain other disadvantaged groups of women and girls, including asylum-seeking women, refugee women, internally displaced women, stateless women and older women. The Committee is also concerned that those women and girls often suffer from multiple forms of discrimination, especially with regard to access to education, employment and health care, protection from violence and access to justice. The Committee is further concerned that gender-based persecution is not recognised by the State party as a ground for refugee status.
The Committee recommends that the State party:

(a) Provide, in its next report, comprehensive information, including sex- disaggregated data and trends over time, on the de facto situation of these disadvantaged groups of women and girls in all areas covered by the Convention, as well as on the impact of measures taken and results achieved in the implementation of policies and programmes for these women and girls;

(b) Consider including gender-based persecution as a ground for refugee status, in accordance with the Office of the United Nations High Commissioner for Refugees (UNHCR) Guidelines on International Protection relating to gender-related persecution. (Paragraphs 46 and 47)

_________________________________________________________

UN Committee against Torture

(CAT/C/ISR/CO/4)

Last Reported: 5 and 6 May 2009

Concerns Raised

Juvenile detainees: While noting the State party's argument that several measures are being implemented to ensure children's rights, including the preparation of a draft bill on the establishment of a new youth court, the Committee remains concerned at the differing definitions of a child in Israel – where legal age is attained at the age of 18–and in the occupied Palestinian territories –where legal age is attained at 16. The Committee notes the State party's explanation that Palestinian juveniles under age 18 are treated as minors when imprisoned within the State of Israel. Nonetheless, it expresses deep concern at reports from civil society groups that Palestinian minors are detained and interrogated in the absence of a lawyer or family member and allegedly subjected to acts in breach of the Convention in order to obtain confessions. The Committee is further concerned by the allegations that approximately 700 Palestinian children annually were charged under military orders and prosecuted by Israeli military courts and that 95 per cent of these cases have relied on confessions as evidence to obtain a conviction.
The Committee urges the State party to:

(a) Amend Military order No. 132 to ensure that the definition of minor is set at the age of 18, in line with international standards. (Paragraph 27)

The Committee also notes with concern that all but one of the prisons where Palestinian juveniles are detained, are located in Israel, which hinders prisoners from receiving family visits, not only because of the distances, but also since some relatives have been denied necessary permits for security reasons, in 1,500 out of 80,000 cases, according to the State party and more often according to non-governmental sources.

The Committee urges the State party to:

(a) Ensure that juvenile detainees are afforded basic safeguards, before and during interrogations, including prompt access to an independent lawyer, and independent doctor and family member from the outset of their detention.

(b) Ensure that cases against juveniles are not decided solely on the basis of confessions, and that the establishment of a youth court is completed as a matter of priority.

(c) Make every effort to facilitate family visits to juvenile detainees, including by expanding the right to freedom of movement of relatives. (Paragraph 28)
Use of force or violence during military operations: The Committee has received reports that the "blockade" imposed on the Gaza Strip, especially aggravated since July 2007, has obstructed the distribution of humanitarian aid before, during and after the recent conflict, and has limited other human rights of the inhabitants, particularly the right to freedom of movement, of both juveniles and adults.
The Committee urges the State party to:

(a) Reinforce its efforts to ensure that humanitarian aid is accessible to ease the suffering of Gaza inhabitants as a result of the restrictions imposed. (Paragraph 30)