martedì 20 novembre 2007

Palestinian Childrens Rights and the 18th Anniversary of the Adoption of the United Nations Convention on the Rights of the Child

Defence for Children International. Palestinian Section. [RAMALLAH, 20 November] - The 20 th of November 2007 marks the 18 th anniversary of the adoption of the United Nations Convention on the Rights of the Child (UNCRC) in 1989, by the United Nations General Assembly through Resolution 44/25. The Convention entered into force in Israel in November 1991, but as with most other international conventions and treaties, Israel denies its applicability to the Palestinian territory. Israel contends that human rights treaties to which it is party were intended for the protection of nationals from their own government in time of peace, and do not apply to the current situation in the occupied Palestinian territory. However, the international community widely accepts the applicability of international human rights law to situations of armed conflict and occupation, and Israel therefore has a moral and legal obligation to uphold international human rights standards in its administration of the territory. On the 18th anniversary of the Convention, children's rights in the occupied Palestinian territories are still routinely and widely violated as a result of the Israeli occupation and the PNA's failure to undertake appropriate measures for the implementation of the rights enshrined in the Convention.

Since the start of its occupation of the Palestinian territory in 1967, Israel has carried out policies and practices that have continuously violated Palestinian children's civil, political, economic, social and cultural rights. These violations did not cease with Israel's ratification of the Convention in 1991. On the contrary, they escalated and reached unprecedented levels during the second Intifada . Between 1991 and September 2000 (period preceding the second Intifada ) 249 Palestinian children were killed as a result of Israeli military activity in the occupied territory, and since the start of the second Intifada (September 2000) 899 Palestinian children were killed by Israeli military activity. In addition to violating Palestinian children's right to life, Israeli policies and military practices breach many other provisions of the Convention, including: protection from discrimination; provision of adequate standards of living and the highest attainable standard of health; access to education; a guarantee not to be unlawfully or arbitrarily deprived of liberty; and protection from the impact of armed conflict. Indeed, in 2007 alone, hundreds of Palestinian children have been arrested and detained, and around 340 are still currently imprisoned. Most of them are held inside Israel, in contravention of international humanitarian law. Furthermore, the Israeli military routinely resorts to cruel, inhuman and degrading treatment amounting to torture when dealing with Palestinian children during arrest, interrogation and detention procedures.

On the Palestinian level, the PNA has still not fully undertaken appropriate measures to implement the rights enshrined in the Convention domestically. While it has drafted and adopted a national Child Law in 2004, it must take other executive steps to implement national laws which would guarantee Palestinian children's enjoyment of the rights set out in the Convention.

The Palestinian National Authority's lack of capacity and the absence of rule of law throughout 2007 have resulted in the deaths of 46 children. Among these 46 children, 24 were killed as a result of infighting between Palestinian political factions.

On the global level, the international community has failed to provide the PNA with the financial resources required to assist in the implementation of the Convention on the Rights of the Child nationally. The recent suspension of foreign aid and assistance to the Palestinian National Authority has placed immense financial pressure on its institutions, and made Palestinian children victim of political decisions.

Defence for Children International-Palestine Section calls upon the international community to place pressure on the Israeli government to abide by international law and cease its violations of Palestinian children's rights. We ask State Parties to the Convention to abide by their obligations and endeavour to protect all children without discrimination.

Defence for Children International-Palestine Section also calls upon the Palestinian National Authority to ensure the protection of Palestinian children and take appropriate measures towards effective domestic implementation of the rights recognised in the Convention.


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