ISRAEL: Persistent violations of children's rights

Summary: The violations highlighted are those issues raised with the State by more than one international mechanism. This is done with the intention of identifying children's rights which have been repeatedly violated, as well as gaps in the issues covered by NGOs in their alternative reports to the various human rights monitoring bodies. These violations are listed in no particular order.

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Demolition of homes, schools and infrastructure

UN Committee on the Rights of the Child (Concluding Observations, October 2002)

In the present context of violence, the Committee recognises the difficulties of the State party in fully implementing the Convention. Amidst continuing acts of terror on both sides, especially the deliberate and indiscriminate targeting and killing of Israeli civilians, including children, by Palestinian suicide bombers, the Committee recognises the climate of fear which persists and the State party's right to live in peace and security. At the same time, the Committee recognises that the illegal occupation of Palestinian territory, the bombing of civilian areas, extrajudicial killings, the disproportionate use of force by the Israeli Defence Forces, the demolition of homes, the destruction of infrastructure, mobility restrictions and the daily humiliation of Palestinians continue to contribute to the cycle of violence. (Paragraph 4)

The Committee is deeply concerned at the large-scale demolition of houses and infrastructure in the occupied Palestinian territories, which constitutes a serious violation of the right to an adequate standard of living for children in those territories.

The Committee recommends, with reference to international humanitarian law, notably the Geneva Convention relative to the Protection of Civilian Persons in Time of War, that the State party fully comply with the rules of distinction (between civilians and combatants) and proportionality (oft attacks that cause excessive harm to civilians) and thus refrain from the demolition of civilian infrastructure, including homes, water supplies and other utilities. It further recommends that the State party provide the victims of such demolitions with support for the rebuilding of their houses and with adequate compensation. (Paragraphs 50 and 51)

UN Human Rights Committee
Last reported: 13 and 14 July 2010
Concluding Observations adopted: 29 July 2010

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)

UN Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism
Country visit: 3 to 10 July 2007

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).

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Barriers to family visits for children in detention

UN Committee on the Rights of the Child (Concluding Observations, October 2002)

The Committee is concerned about:

(c) Military Orders Nos. 378 and 1500, as well as all other military orders which may allow prolonged incommunicado detention of children, and which do not provide due process guarantees, access to legal assistance and family visits. (Paragraph 62)

UN Human Rights Committee
Last reported: 13 and 14 July 2010
Concluding Observations adopted: 29 July 2010

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)

UN Committee against Torture
Last reported: 5 and 6 May 2009

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:

(c) Make every effort to facilitate family visits to juvenile detainees, including by expanding the right to freedom of movement of relatives. (Paragraph 28)

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Differential treatment of children in the justice system in Israel and the OPT

UN Committee on the Rights of the Child (Concluding Observations, October 2002)

The Committee is concerned about:

(a) The differential application of law concerning children, such as with respect to the definition of a child in Israel and in the occupied Palestinian territories;

UN Human Rights Committee
Last reported: 13 and 14 July 2010
Concluding Observations adopted: 29 July 2010

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)

UN Committee against Torture
Last reported: 5 and 6 May 2009

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)

Universal Periodic Review (December 2008)

100- 37. Develop mechanisms for overseeing the implementation of the Convention of the Rights of the Child in the West Bank and Gaza (Slovenia); apply the definition of a child as a person under 18 also in the Palestinian territories, in line with article 1 of the Convention on the Rights of the Child (Italy); (pending)

45. Establish a separate juvenile justice system to try accused Palestinian children (Slovenia); (pending)

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Inappropriate detention of children, including with adults and as other than a last resort

UN Committee on the Rights of the Child (Concluding Observations, October 2002)

The Committee is concerned about:

(a) The differential application of law concerning children, such as with respect to the definition of a child in Israel and in the occupied Palestinian territories;

(b) The practice relating to the arrest and interrogation of children in the occupied Palestinian territories;

(c) Military Orders Nos. 378 and 1500, as well as all other military orders which may allow prolonged incommunicado detention of children, and which do not provide due process guarantees, access to legal assistance and family visits.

The Committee recommends that the State party:

(a) Ensure that the provisions of the Convention, in particular articles 37, 39 and 40, are fully integrated into the legislation and practice of the system of juvenile justice, along with other relevant international standards in this area, such as the Beijing Rules, the Riyadh Guidelines, the United Nations Rules for the Protection of Juveniles Deprived of their Liberty and the Guidelines for Action on Children in the Criminal Justice System;

(b) Ensure that deprivation of liberty is only used as a measure of last resort, for the shortest possible time, is authorised by the court, and that persons under 18 are not detained with adults; (Paragraphs 62 and 63)

UN Human Rights Committee
Last reported: 13 and 14 July 2010
Concluding Observations adopted: 29 July 2010

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.

The Committee urges the State party to:

(a) Ensure that children are not tried as adults; (Paragraph 202)

(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;

UN Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism
Country visit: 3 to 10 July 2007

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).

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).

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Ill-treatment of children in the juvenile justice system

UN Committee on the Rights of the Child (Concluding Observations, October 2002)

The Committee encourages the State party:

(b) To develop systematic and ongoing training programmes on human rights, including children's rights, for all professional groups working for and with children (e.g. judges, lawyers, law enforcement officials, civil servants, local government officials, personnel working in institutions and places of detention for children, teachers and health personnel). (Paragraphs 23)

The Committee is seriously concerned at allegations and complaints of inhuman or degrading practices and of torture and ill-treatment of Palestinian children by police officers during arrest and interrogation and in places of detention (i.e. Ma'ale Adummim, Adorayim, Beit El, Huwarra, Kedumin, Salem and Gush Etzion police station and prisons such as Terza, Ramleh, Megiddo and Telmond).

The Committee strongly recommends that the State party:

(a) Establish and strictly enforce instructions for full compliance with the principles and provisions of the Convention by all persons involved in the arrest, interrogation and detention of Palestinian and other children in the State party;

(b) Investigate effectively all cases of torture and inhuman or degrading treatment or punishment by police officers or other government officials and bring the perpetrators to justice;

(c) Pay full attention to the victims of these violations and provide them with opportunities for adequate compensation, recovery and social reintegration;

(d) Include in its next report information concerning the above recommendations. (Paragraphs 36 and 37)

The Committee is concerned about:

(a) The differential application of law concerning children, such as with respect to the definition of a child in Israel and in the occupied Palestinian territories;

(b) The practice relating to the arrest and interrogation of children in the occupied Palestinian territories;

(c) Military Orders Nos. 378 and 1500, as well as all other military orders which may allow prolonged incommunicado detention of children, and which do not provide due process guarantees, access to legal assistance and family visits.

The Committee recommends that the State party:

(a) Ensure that the provisions of the Convention, in particular articles 37, 39 and 40, are fully integrated into the legislation and practice of the system of juvenile justice, along with other relevant international standards in this area, such as the Beijing Rules, the Riyadh Guidelines, the United Nations Rules for the Protection of Juveniles Deprived of their Liberty and the Guidelines for Action on Children in the Criminal Justice System;

(b) Ensure that deprivation of liberty is only used as a measure of last resort, for the shortest possible time, is authorised by the court, and that persons under 18 are not detained with adults;

(c) Ensure that children have access to legal aid and independent and effective complaint mechanisms;

(d) Train professionals in the area of rehabilitation and social recovery of children;

(e) Rescind all provisions in the military orders which violate international standards on the administration of juvenile justice. (Paragraphs 62 and 63)

UN Human Rights Committee
Last reported: 13 and 14 July 2010
Concluding Observations adopted: 29 July 2010

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:

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

UN Committee against Torture
Last reported: 5 and 6 May 2009

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)

UN Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism
Country visit: 3 to 10 July 2007

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).

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)

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)

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Violence against, and abuse of, children

UN Committee on the Rights of the Child (Concluding Observations, October 2002)

The Committee welcomes the many efforts of the State party to prevent and combat all forms of violence and abuse within the family, in schools and in other institutions which care for children, but is concerned at the apparently limited impact of these efforts owing to, among other things, the lack of a comprehensive strategy and adequate resources.

The Committee recommends that the State party:

(a) Establish a national and comprehensive strategy to prevent and combat violence and abuse within the family, in schools and in other institutions caring for children, which should include, among other things, a study to assess the nature and extent of ill-treatment and abuse of children, and design policies and programmes to address these practices;

(b) Carry out public education campaigns about the negative consequences of ill-treatment of children and promote positive, non-violent forms of discipline as an alternative to corporal punishment;

(c) Strengthen procedures and mechanisms to receive, monitor and investigate complaints, including intervening where necessary;

(d) Allocate sufficient resources for the provision of care, recovery and reintegration for victims;

(e) Train teachers, law enforcement officials, care workers, judges and health professionals in the identification, reporting and management of cases of ill-treatment. (Paragraphs 38 and 39)

UN Committee on Economic, Social and Cultural Rights
Last reported: 16 and 17 November 2011
Concluding Observations adopted: 2 December 2011

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)

UN Committee on the Elimination of Discrimination against Women
Last reported: 18 January 2011

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)

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)

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Children affected by armed conflict

UN Committee on the Rights of the Child (Concluding Observations, October 2002)

The Committee is seriously concerned about the impact of terrorism on the rights of children in the State party, as well as the impact of military action on the rights of children in the occupied Palestinian territories. Moreover, the Committee is concerned about the insufficient cooperation of the State party in relation to demining efforts in southern Lebanon and the lack of redress available to the child victims of Israeli Defence Forces operations there.

The Committee recommends that the State party and other non-State actors:

(a) Establish and strictly enforce rules of engagement for military and other personnel which fully respect the rights of children as contained in the Convention and protected under international humanitarian law;

(b) Refrain from using and/or targeting children in the armed conflict and comply fully with article 38 of the Convention, and as much as possible with the Optional Protocol on the involvement of children in armed conflict;

(c) Provide full support and cooperation for demining efforts in southern Lebanon, and possibilities for adequate compensation, recovery and rehabilitation to the child victims of Israeli Defence Forces actions in southern Lebanon;

(d) Ratify and fully implement the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-personnel Mines and on Their Destruction, of 1997. (Paragraphs 58 and 59)

UN Committee against Torture
Last reported: 5 and 6 May 2009

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)

UN Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism
Country visit: 3 to 10 July 2007

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).

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 traumatising for the individuals in question, in particular children, and has the effect of causing frustration and anger among the Palestinian people. (Paragraph 48).

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)

UN Special Rapporteur on extra-judicial, summary or arbitrary executions, UN Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, Representative to the Secretary-General on human rights of internally displaced persons and the UN Special Rapporteur on adequate housing
Country visit: 7 to 14 September 2006
Report published: 2 October 2006

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).

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Sexual violence and abuse against children, particularly girls

UN Committee on the Rights of the Child (Concluding Observations, October 2002)

The Committee notes the establishment of an inter-ministerial and inter-organisational committee to combat the commercial sexual exploitation of minors, its activities, and the involvement of non-governmental organisations in this area. However, the Committee is concerned that these and other efforts have so far had a limited impact.

The Committee recommends that the State party take all necessary measures to increase the effectiveness of these efforts to address the commercial sexual exploitation of minors by, among other things, providing the necessary financial and other resources. (Paragraphs 60 and 61)

UN Committee on the Elimination of Discrimination against Women
Last reported: 18 January 2011

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)

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)

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)

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Discrimination against bedouin children, particularly girls

UN Committee on the Rights of the Child (Concluding Observations, October 2002)

The Committee is concerned that discrimination, contrary to article 2 of the Convention, persists in the State party, and that non-discrimination is not expressly guaranteed under the Constitution. In particular, the Committee is concerned about discrimination against girls and women, especially in the context of religious laws, discrimination on religious grounds, inequalities in the enjoyment of the economic, social and cultural rights (i.e. access to education, health care and social services) of Israeli Arabs, Bedouins, Ethiopians and other minorities, children with disabilities and children of foreign workers, and of the rights and freedoms of Palestinian children in the occupied territories.

The Committee recommends that the State party:

(a) Take effective measures, including enacting or rescinding legislation where necessary, to ensure that all children enjoy all the rights set out in the Convention without discrimination, in accordance with article 2;

(b) Strengthen its efforts with respect to affirmative-action initiatives;

(c) Carry out comprehensive public education campaigns to prevent and combat negative societal attitudes in this regard;

(d) Mobilise religious leaders to support such efforts;

(e) Consider ratifying the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (General Assembly resolution 45/158, annex). (Paragraphs 26 and 27)

The Committee recommends that the State party:

(b) Continue to prioritise and target budgetary allocation for children belonging to the most vulnerable groups (e.g. Israeli Arab children, Bedouins, children of foreign workers);

(c) Systematically assess the impact of budgetary allocations on the implementation of child rights. (Paragraph 19)

UN Committee on Economic, Social and Cultural Rights
Last reported: 16 and 17 November 2011
Concluding Observations adopted: 2 December 2011

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)

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. (Paragraph 33)

UN Committee on the Elimination of Discrimination against Women
Last reported: 18 January 2011

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)

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)

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Barriers facing, or discrimination against, children from Arab backgrounds and children from the Occupied Palestinian Territories, particularly with regards to education

UN Committee on the Rights of the Child (Concluding Observations, October 2002)

The Committee is concerned about the serious deterioration of access to education of children in the occupied Palestinian territories as a result of the measures imposed by the Israeli Defence Forces, including road closures, curfews and mobility restrictions, and the destruction of school infrastructure.

The Committee recommends that the State party guarantee that every Palestinian child has access to education, in accordance with the Convention. As a first step, the State party should ensure that restrictions on mobility are lifted throughout the occupied Palestinian territories during school hours.

The Committee welcomes the information that the budget for education has been protected from recent cuts in spending, but is concerned that investment in and the quality of education in the Israeli Arab sector is significantly lower than in the Jewish sector.

The Committee recommends that the State party continue and strengthen its affirmative-action programmes and further increase the budget allocated for education in the Arab sector.

The Committee is concerned that the aims of education outlined in article 29 of the Convention, including the development of respect for human rights, tolerance and equality of the sexes and religious and ethnic minorities, are not explicitly part of the curricula throughout the State party.

The Committee recommends that the State party and all relevant non-State actors, including the Palestinian Authority, taking into account the Committee's General Comment No. 1 on the aims of education, include human rights education, including children's rights, in the curricula of all primary and secondary schools, particularly with regard to the development of respect for human rights, tolerance and equality of the sexes and religious and ethnic minorities. Religious leaders must be mobilised in this effort. (Paragraphs 52 to 57)

UN Committee on Economic, Social and Cultural Rights
Last reported: 16 and 17 November 2011
Concluding Observations adopted: 2 December 2011

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)

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
Last reported: 22 and 23 February 2007
Concluding Observations adopted: 6 and 8 March 2007

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)

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)

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)

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
Last reported: 18 January 2011

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:

(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; (Paragraphs 22 and 23)

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)

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)

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. (Paragraph 41)

Universal Periodic Review (December 2008)

50. Progressively remove restrictions that prevent Palestinian children from having access to basic services, including schools and health care (Italy); (pending)

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Inadequate provision for children with disabilities, particularly children from Israeli Arab backgrounds

UN Committee on the Rights of the Child (Concluding Observations, October 2002)

The Committee notes the various efforts of the State party to address the rights and special needs of children with disabilities. However, it remains concerned at the large gap between the needs and services provided, and the gap between services provided to Jewish and Israeli Arab children.

The Committee recommends that the State party continue and strengthen its efforts to prioritise and target resources (human and financial) to ensure that the needs of children with disabilities are met and the necessary services provided. Furthermore, it recommends that the State party ensure that Israeli Arab children receive the same level and quality of services as Jewish children. (Paragraphs 42 and 43)

The Committee is concerned that discrimination, contrary to article 2 of the Convention, persists in the State party, and that non-discrimination is not expressly guaranteed under the Constitution. In particular, the Committee is concerned about discrimination against girls and women, especially in the context of religious laws, discrimination on religious grounds, inequalities in the enjoyment of the economic, social and cultural rights (i.e. access to education, health care and social services) of Israeli Arabs, Bedouins, Ethiopians and other minorities, children with disabilities and children of foreign workers, and of the rights and freedoms of Palestinian children in the occupied territories. (Paragraph 26)

UN Committee on Economic, Social and Cultural Rights
Last reported: 16 and 17 November 2011
Concluding Observations adopted: 2 December 2011

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)

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Restrictions on the freedom of movement of children

UN Committee on Economic, Social and Cultural Rights
Last reported; 16 and 17 November 2011
Concluding Observations adopted: 2 December 2011

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
Last reported: 22 and 23 February 2007
Concluding Observations adopted: 6 and 8 March 2007

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 Discrimination against Women
Last reported: 18 January 2011

[T]he 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. (Paragraph 22)

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)

UN Committee against Torture

Last reported: 5 and 6 May 2009

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)

UN Special Rapporteur on freedom of religion or belief
Report published: 12 January 2009

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).

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Countries

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