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57. There have also been worrying reports from the Occupied Palestinian Territory on cases
of incitement to religious hatred vis-à-vis Jews. One shocking example brought to the attention
of the Special Rapporteur was a broadcast in March 2007, in which the interviewer from
Al-Aqsa TV in Gaza asked the two young children of a Palestinian suicide bomber “how many
Jews” their mother had killed and if they wanted to join her in paradise. Furthermore, some
Palestinian schoolbooks allegedly continue to idealize martyrdom and glorify the aspiration to
seek a violent death in the name of religion. The Special Rapporteur would like to recall
article 20 (2) of the Covenant which requires that any advocacy of national, racial or religious
hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by
law.
8. Conversions and missionary activities
58. In Israel, the 1977 Penal Law Amendment (Enticement to Change Religion) Law stipulates
that whosoever gives or promises to a person money, money’s worth or some other material
benefit in order to induce that person’s conversion is liable to imprisonment for five years or a
fine. Furthermore, it is also punishable to receive such benefits in return for a promise to change
one’s religion or to cause another person to convert.
59. Religious conversion of children is regulated by the Guardianship and Legal Capacity
Law 1962. Children who have not yet reached the age of ten may be converted if both of their
parents agree to conversion or if the court approves conversion upon the application of one of the
parents. The religious conversion of children who have reached ten years of age requires both an
application by their parents and the consent of the children. In this regard, the Special Rapporteur
would like to reiterate that the choice of religion is restricted by the parents’ rights to determine
their child’s religion up to an age where the child is capable of doing so on his or her own. Such
a case-by-case approach is also supported by article 12 (1) of the Convention on the Rights of the
Child, which requests States parties to “assure to the child who is capable of forming his or her
own views to express those views freely in all matters affecting the child, the views of the child
being given due weight in accordance with the age and maturity of the child”.
60. Some small religious communities in Israel have voluntarily refrained from proselytizing
or from having a local Israeli community. For example, the founder of the Baha’i faith
established the practice that conversion to the Baha’i faith in Israel is neither sought nor
accepted. Furthermore, the Baha’is have not established a religious court in Israel although the
Baha’i faith is one of the officially recognized religions in Israel. Moreover, the Church of Jesus
Christ of Latter-day Saints reportedly refrains from domestic proselytizing under an agreement
with the Government of Israel.
61. In the Occupied Palestinian Territory, the few conversions which have taken place,
particularly when involving interfaith relationships, have been followed by serious tensions.
Suspected incidents of proselytism have even led to violence. For example, on 6 October 2007,
the manager of the only Christian bookstore in Gaza city, Rami Khader Ayyad, was kidnapped
and subsequently killed. Prior to the kidnapping, his bookstore had been firebombed and the
victim had been the target of several death threats. The question of whether Mr. Ayyad was
engaging in missionary activities or not is entirely irrelevant since his kidnapping and killing