CRC/C/ISR/CO/2-4
26.
The Committee reiterates its recommendations (CRC/OPAC/ISR/CO/1, para.
11 (a), and CRC/C/ 15/Add.195, para. 32 (c) and (d)) that the State party take prompt
measures to comply with the fundamental principles of proportionality and distinction
enshrined in humanitarian law, including the 1949 Geneva Convention relative to the
Protection of Civilian Persons in Time of War , put an end to all killings and injuring
of children, investigate immediately and effectively all such crimes, bring the
perpetrators to justice and take all necessary measures to provide child victims of
these human rights violations with possibilities for adequate compensation, recovery
and social reintegration. The Committee also urges the State party to:
(a)
Take all necessary measures to prevent further incidents of excessive use
of force and in particular review all regulations on the use of live ammunitions by
security and defence forces as recommended by the High Commissioner for Human
Rights (A/HRC/19/20, para. 52);
(b)
Clearly and publicly condemn all forms of violence committed by
settlers, and send a clear message that these acts will no longer be tolerated. The State
party should take immediate measures to ensure public order, prevent further
violence and ensure investigation and accountability for all acts of violence committed
by settlers against children and for complicity in the perpetration of such violence;
(c)
Cease the construction of the Wall in the Occupied Palestinian Territory
and fully lift the Gaza blockade, and urgently allow entry of all construction materials
necessary for Palestinian families to rebuild homes and civilian infrastructures so as
to ensure respect for children’s right to housing, education, health, water and
sanitation as recommended notably by the Committee on the Elimination of Racial
Discrimination (CERD/C/ISR/CO/14-16, para. 26) and in line with Israel’s Manual on
the Laws of War (1998) which prohibits the conduct of a scorched earth policy “with a
view to inflicting starvation or suffering on the civilian population”.
Respect for the views of the child
27.
The Committee notes as positive the steps taken to expand to all courts by 2014 the
experimental programme initiated in 2007 at the Haifa and Jerusalem Family Matters
Courts with the participation of children involved in family matters proceedings as well as
the Hadassah University hospital’s practice of including children in decision-making on
medical treatment and procedures. The Committee is however concerned that:
(a)
In proceedings involving conversion, or admission to a psychiatric hospital,
courts are not obliged to hear the opinions of the child if it would cause harm to the child,
and that derogation to the right of the child to be heard in adoption proceedings is
permissible when children are not aware of being adopted. The Committee is further
concerned that migrant and asylum-seeking children are rarely heard in proceedings that
concern them;
(b)
The participation of children in decision-making processes, while receiving
increased attention in the State party, is still not a widespread practice and the views of
children are not sufficiently solicited or taken into account, especially in public policy
decisions.
28.
Referring to its general comment No. 12 (2009) on the right of the child to be
heard, the Committee reminds the State party that this right applies to all relevant
judicial and administrative proceedings affecting the child, without limitation, and
that in decisions on adoption, the “best interests” of the child cannot be defined
without consideration of the child’s views. The Committee recommends that the State
party reconsider the limits it has posed on the right of the child to be heard in cases of
conversion, admission to a psychiatric hospital or adoption and to take measures to
effectively ensure the right of migrant and asylum-seeking children to be heard in
7