CRC/C/OPSC/ISR/CO/1
Held by the Committee: 21 May 2015
Published by the Committee: 8 June 2015
Issues raised:
While noting the efforts of the State party to prevent offences prohibited under the Protocol, the Committee is concerned that these measures do not cover all areas of the Protocol. In particular, the Committee is concerned that the State party has insufficient programmes specifically targeting children in vulnerable and marginalized situations.There are not sufficient mechanisms in place to identify and monitor children at risk of becoming victims to the offences under the Optional Protocol. Also, there is insufficient information on the scale of sexual exploitation of children, in particular child prostitution and child pornography, including over the Internet. (para. 20)
Child sex tourism:
The Committee welcomes the measures taken by the State party to prevent child sex tourism, including the efforts of the Ministry of Tourism leading to the adoption of the World Tourism Organization Global Code for Ethics in Tourism by the Israeli Tourist and Travel Agents Association. The Committee, however, is concerned that an effective regulatory framework is lacking and measures taken to effectively prevent and combat child sex tourism abroad are insufficient. (para. 22)
Birth registration:
The Committee is concerned that the lack of birth certificates, in particular for migrant, asylum-seeking and refugee children, may present an obstacle to ascertaining the age of victims in investigating offences under the Optional Protocol and in their accessing medical and rehabilitation services. (para. 24)
Existing criminal or penal laws and regulations:
While noting the relevant provisions of the Prohibition of Trafficking in Persons (Legislative Amendments) Law 5766–2006 (the “Anti-Trafficking Law”) and the Penal Code, the Committee is concerned that the Penal Code does not adequately specify all offences under the Optional Protocol. In particular, the Committee is concerned that not all forms of the sale of children covered by article 2 (a) and article 3, paragraph 1 (a) (i), of the Optional Protocol have been classified as distinct offences from human trafficking. Forced labour by children has not been criminalized as a form of sale of children. Offences related to child prostitution committed under Sections 199, 201, 202 or 203 of the Penal Court carry double penalties only if the victim is less than 14 years old, or if he/she is a minor who is 14 years old or older and is under the care and responsibility of the offender. (para. 26)
Protecting children born by surrogate mothers abroad:
While noting the efforts of the State party to regulate international surrogacy arrangements, the Committee is concerned that there is no appropriate screening procedure for prospective parent/s of children born by surrogate mothers abroad, aimed at preventing hidden sale of children and/or possible sexual abuse. (para. 28)
Prosecution of perpetrators:
The Committee is concerned that the number of investigated cases is low, only a small percentage of these cases lead to prosecution, and penalties for offences related to child prostitution and child pornography are not always commensurate to the gravity of the crime. (para. 30)
Measures adopted to protect the rights and interests of child victims of offences prohibited under the Optional Protocol
While welcoming the wide array of measures aiming at protecting child victims and child witnesses through criminal procedures, including the adoption of the Law of Evidence Revision (Protection of Children) 5715-1955 (the “Protection of Children Law”) and the establishment of the Crisis Centers, the Committee is concerned that provisions of the “Protection of Children Law” apply only to children below the age of 14 years. (para. 34)
