CRC/C/ISR/CO/2-4
Legislation on the Child’s Right Law which provides for a child rights impact assessment
of new legislations. The Committee also welcomes the 2006 and 2008 rulings of the
Supreme Court which revoked decisions of Sharia and Rabbinical Courts granting custody
of children to their father without taking into consideration the best interests of the children
The Committee is however concerned that the right of children to have their best interests
assessed and taken as a primary consideration has not been appropriately integrated and
consistently applied in all legislative, administrative and judicial proceedings as well as in
all policies, programmes and projects relevant to, and with an impact on children, and that
this right can be subject to misinterpretations by some courts as reflected notably in court
decisions taken on paternity testing. It is also concerned that the best interests of Palestinian
children continue to be disregarded by the State party.
24.
The Committee draws attention to its general comment No.14 (2013) on the
right of the child to have his or her best interests taken as a primary consideration
and recommends that the State party strengthen its efforts to ensure that this right is
appropriately integrated and consistently applied in all legislative, administrative and
judicial proceedings as well as in all policies, programmes and projects relevant to,
and with an impact on children. In this regard, the State party is encouraged to
develop procedures and criteria to provide guidance for determining the best interests
of the child in every area, and to disseminate this to the public, including traditional
and religious leaders, and private social welfare institutions, courts of law,
administrative authorities and legislative bodies. The Committee also urges the State
party to undertake a full impact assessment of its policies on children living in the
OPT and ensure that their best interests are fully taken into account in its military
governance of the OPT and in the 2002 Anti-Infiltration Law.
Right to life, survival and development
25.
Referring to its 2010 concluding observations under the Optional Protocol on the
involvement of children in armed conflict (CRC/C/OPAC/ISR/CO/1, para. 10), the
Committee reiterates its deepest concern that children on both sides of the conflict continue
to be killed and injured, children living in the OPT being disproportionately represented
among the victims. The Committee expresses serious concerns that hundreds of Palestinian
children have been killed and thousands injured over the reporting period as a result of the
State party military operations, especially in Gaza where the State party proceeded to air
and naval strikes on densely populated areas with a significant presence of children, thus
disregarding the principles of proportionality and distinction. The Committee is deeply
concerned about:
(a)
Palestinian children being shot by the State party’s military near the Gaza
border whilst collecting building material to support their families in the reconstruction of
their homes, 30 such cases having been reported over the reporting period;
(b)
The rise in the number of children from the OPT being subjected to attacks
by settlers in the West Bank, four of them having been killed since 2008 and hundreds
injured over the reporting period. The Committee notes with concern that in most of the
cases Israeli military forces not only fail to intervene to prevent violence and to protect
children, but also bring support to those committing violence. The Committee further notes
with concern that, in most of the cases, perpetrators are not brought to justice and enjoy full
impunity for their crimes;
(c)
The devastating impact on the right to life, survival and development of
children living in the OPT of the construction of the Wall as well as the Gaza blockade
imposed since 2007 which was considered by the International Committee of the Red Cross
as a collective punishment imposed in clear violation of Israel's obligations under
international humanitarian law.
6