CRC/C/ISR/CO/2-4
plans and programmes related to child rights. The Committee also urges the State
party to take concrete steps to build a climate of trust and cooperation with civil
society and to engage in a constant dialogue with civil society actors, including those
which monitor the child rights situation in the OPT with a view to formulating and
implementing strategies for the protection and promotion of the rights of all children
without discrimination. The Committee further recommends that the State party
ensure that non- governmental organizations can solicit, receive and utilize resources
for the monitoring and promotion of children’s rights.
B.
Definition of the child (art. 1 of the Convention)
19.
The Committee takes note of Military Order 1676 adopted in September 2011
raising the age of majority in the military courts from 16 to 18 years, in line with the
Committee’s recommendations under the Optional Protocol on the involvement of children
in armed conflict (CRC/C/OPAC/ISR/CO/1, para. 9). The Committee is however concerned
that, to date, this Military Order has not been fully applied in practice.
20.
The Committee urges the State party to ensure that children living in the OPT
are considered as children up to the age of 18 years and that they effectively benefit
from the full protection under the Convention, in particular, the provisions relating to
the administration of juvenile justice.
C.
General principles (arts. 2, 3, 6 and 12 of the Convention)
Non-discrimination
21.
While taking note of court decisions on discrimination, the Committee however
reiterates its concern (CRC/C/15/Add.195, para. 26) that non-discrimination is not
expressly guaranteed under the Basic Laws of the State party. The Committee also
expresses concern about the adoption of numerous discriminatory laws over the reporting
period as pointed out notably by the Committee on the Elimination of Racial
Discrimination (CERD/C/ISR/CO/14-16, paras. 11, 15, 16, 18 and 27, 2012) and which
primarily affect Palestinian children, in all aspects of their life, but also Arab Israeli,
Bedouin, and Ethiopian children as well as children of migrant workers and asylum seekers.
The Committee is deeply concerned that the establishment of separate means of transport
and road services as well as the implementation of two separate legal systems and
institutions amount to de facto segregation and lead to inequality between Israeli and
Palestinian children in the enjoyment of their rights.
22.
The Committee urges the State party to include the prohibition of
discrimination and the principle of equality in its Basic Laws and to undertake a
comprehensive review of its legislation and policies to ensure that laws that
discriminate against non-Jewish children be repealed without delay. The Committee
also urges the State party to take immediate measures to prohibit and eradicate
policies or practices which severely and disproportionately affect the Palestinian
population in the OPT as already recommended by the Committee on the Elimination
of Racial Discrimination (CERD/C/ISR/CO/14-16, para. 24) and to ensure that all
children living in the OPT enjoy their rights under the Convention without
discrimination.
Best interests of the child
23.
The Committee welcomes the numerous measures taken over the reporting period to
ensure respect for the right of the child to have his or her best interests taken as a primary
consideration, in particular, the 2002 Registration of Information on the Influence of
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