Human rights violations
(Women and children)
By Zionist Regime
Contents:
Preface ----------------------------------------------------------------------2
Chapter 1: Discriminatory Legislation --------------------------------7
Chapter 2: Human Trafficking ------------------------------------------13
Chapter 3: Killing of Palestinians --------------------------------------16
-Attacks by Zionist regime's settlers ---------------------------18
Chapter 4: Zionist regime's Prisons ----------------------------------19
Chapter 5: Demolitions -------------------------------------------------- 26
- Palestinian's Homes -------------------------------------------- 26
- Beduins' Homes ------------------------------------------------- 27
Chapter 6: Violence against Children ------------------------------32
- Education -------------------------------------------------35
- Disabled Children -------------------------------------- 39
Chapter 7: Freedom of Movement -------------------------------------- 42
-The Separation Wall ----------------------------------- 45
Chapter 8: Violations of rights to health ------------------------------- 48
Chapter 9: Violations of adequate standard of living --------------- 51
Reference: ----------------------------------------------------------------------- 53
Preface
The Zionist Regime crude treatment and oppressive behavior to Palestinians whose country has been occupied since 1946 and its neighboring countries especially the innocent people of Lebanon whose lands have been attacked and occupied many times in this period of time is not hidden to anybody.
Despite the strong censorship by Zionistic power centers over covering their inhumane measures in most parts of the world, frequently, some sorts of violations of Zionist Regime against Palestinians, especially women and children can be realized and reported to the world. And this very little news about the violent behavior of Zionist Regime sometimes supplemented with some images are turned into heart-breaking panorama to touch the people all around the world.
The present report titled "Zionist regime's violations against women and children" is derived and collected from the official documents and reports of international organizations dealing with the human rights issues such as: High Commissioner for Human Rights ( OHCHR), UNICEF, CERD, HRW,and Amnesty International.
The cases referred to in this report are instances of thousands of cases of human rights violations committed by Zionist Regime against the innocent Palestinians specially women and children in occupied territories.
The report is presented through 9 chapters: Chapter 1 is about the discriminatory legislation of Zionist Regime concerning the Israeli Arabs and non-Jewish residents. Chapter 2 deals with the hidden phenomenon of human trafficking, and in chapters 3, 4 and 5, killing of Palestinians, prisons and demolitions of Palestinians and Beduin's homes are discussed.
Chapter 6 is devoted to the violations against children generally and regarding their educational problems and disabilities specifically leading to the fact that Zionist Regime is not bound and committed to its international commitments under the international instruments and has failed to fulfill its responsibilities in providing rights to health, adequate standard of living and freedom of movement which have been presented in chapters 7, 8 and 9 respectively.
It is hoped that compiling this report will evoke the governmental, intergovernmental as well as non-governmental organizations to continue their efforts in reporting and disclosing the violations committed by Zionist Regime in occupied territories in order to contribute to the promotion and protection of human rights of people in this country.
Human rights violations by Zionist Regime
Discriminatory Legislation
When analyzing Zionist Regime's human rights records, most observers agree that it is important to maintain the distinction between Israel proper and the territories that it currently occupies (Golan Heights, West Bank and Gaza strip).
Although Zionist Regime has generally been portrayed as a democracy, de facto discrimination of its minorities and its actions in the occupied territories has frequently been criticized by the international community and human rights groups inside and outside it.
While Zionist Regime does not have a constitution, it has a set of Basic Laws, intended to form the basis of a future constitution. One of those Basic Laws, Basic Law: Human Dignity and Liberty, serves as one of the major tools for defending human rights and liberties.
The crucial sentence of this part of the Basic Law Passed by the Zionist Regime parliament, the Knesset on March 17th, 1992 reads:
“The purpose of this Basic Law is to protect human dignity and liberty, in order to establish in a Basic Law the values of the state of Zionist Regime as a Jewish and democratic state.”
It however allows the ‘Violation of the dignity or freedom of man… in accordance with the law.’
The standard for infringement is set in Article 8 of the Basic Law, known as “the restriction clause.” The standard for infringement has four accumulating elements:
(1) The infringement should be made by primary legislation/by law;
(2) The law has to be appropriate to the values of the State of Zionist Regime as a “Jewish-Democratic State”; (3) The law has to have due purpose;
(4) The law has to be proportional.
The Basic Laws do not explicitly protect the right to equality. On the contrary, this Basic Law emphasizes the Jewish character of the state, and undermines the rights of "non-Jewish" citizens.
The UN has criticized Zionist Regime for its ‘excessive emphasis upon the State as a 'Jewish State'’ adding it ‘encourages discrimination and accords a second-class status to its non-Jewish citizens.’
“This discriminatory attitude is apparent in the continuing lower standard of living of Israeli Arabs as a result, inter alia, of higher unemployment rates, restricted access to and participation in trade unions, lack of access to housing, water, electricity and health care and a lower level of education, despite the State party's efforts to close the gap.”
Even with the passage of the Basic Laws, Zionist Regime still has no law that ‘constitutionally’ guarantees the right of equality for all.
Although several ordinary statutes protect the equal rights of women and people with disabilities, no Basic Law or general statute guarantees the right to equality for the Palestinian minority.
According to Supreme Court Chief Justice Barak, the Basic Law: Human Dignity and Liberty empowers the Supreme Court to overturn Knesset laws which are incompatible with the following enumerated rights: the rights to dignity, life, freedom, privacy, property, and the right to leave and enter the country.
While the right to equality is not expressly included, a 1994 amendment to this Basic Law states that the principles enunciated in the Declaration of Independence are part of the values protected by the Basic Law.
As a Supreme Court panel stated in 1994, "The equality principle is incorporated in the Basic Law: Human Dignity and Liberty. This incorporation means that the principle of equality is raised to the level of a high normative constitutional right."
Human Rights Watch 2008 report on Zionist Regime warns that the regime continues to apply laws and policies that discriminate on the basis of ethnic or national origin.
Since 2002, Zionist Regime has prohibited Palestinians from the Occupied Palestinian Territories who are spouses of Zionist Regime citizens from joining their partners in Zionist Regime. In March 2007 the Knesset amended the Citizenship and Entry into Zionist Regime Law, expanding the scope of the existing ban on family reunification and extending it through 2008. The new law also bans residents or citizens of Iran, Iraq, Syria, and Lebanon married to Zionist Regime is from living with their spouses in Zionist Regime. Territories.’
The United Nations Committee on the Elimination of Racial Discrimination has ‘noted with concern that the Citizenship and Entry into Zionist Regime Law (Temporary Order) of 31 May 2003 suspends the possibility of granting Zionist Regime citizenship and residence permits in Zionist Regime, including through family reunification, to residents of the Occupied Palestinian Territories.’
“The Committee recommends that the State party revoke the Citizenship and Entry into Zionist Regime Law (Temporary Order), and reconsider its policy with a view to facilitating family reunification on a non-discriminatory basis. The State party should ensure that restrictions on family reunification are strictly necessary and limited in scope, and are not applied on the basis of nationality, residency or membership of a particular community.”
In July 2007 the Ministry of Justice of Zionist Regime issued draft legislation, in the form of a proposed amendment (Number 8) to the Civil Wrongs (Liability of the State) Act, which would reintroduce a sweeping ban on Palestinians from filing tort claims for injuries caused by Zionist Regime security forces. Zionist Regime’s Supreme Court had struck down a previous amendment to this effect in December 2006.
In 2007 the United Nations CERD (Committee of Elimination of Racial Discrimination ) expressed concern over obtained information according to which a high number of complaints filed by Arab Zionist Regime citizens against law enforcement officers were not properly and effectively investigated.
The CERD also criticized the Police Investigations Unit (Mahash) of the Ministry of Justice for the lack of independence in such cases.
The committee called on Zionist Regime to ‘guarantee the right of every person within its jurisdiction to an effective remedy against the perpetrators of acts of racial discrimination, or acts committed with racist motives, without discrimination of any kind, whether such acts are committed by private individuals or State officials, as well as the right to seek just and adequate reparation for the damage suffered. The State party should ensure that complaints are recorded immediately, and that investigations are pursued without delay and in an effective, independent and impartial manner.’
Non-discrimination is not expressly guaranteed under Zionist Regime’s Constitution alias the regime’s Basic Law. In a number of reports the United Nations has expressed its concern over discriminatory elements within Zionist Regime and the occupied territories.
In its last report on the ‘Rights of the Child’ in Zionist Regime, the UN expressed its concern over the state of women and girls and minorities residing in the area.
“The Committee is concerned about discrimination against girls and women, especially in the context of religious laws, discrimination on religious grounds, inequalities in the enjoyment of the economic, social and cultural rights (i.e. access to education, health care and social services) of Israeli Arabs, Bedouins, Ethiopians and other minorities, children with disabilities and children of foreign workers, and of the rights and freedoms of Palestinian children in the occupied territories.”
In a separate report in 2003 the international body urged Zionist Regime to pay particular attention to reducing the inequalities between the Jewish and non-Jewish residents within Zionist Regime and the occupied territories.
“The Committee is deeply concerned about the continuing difference in treatment between Jews and non-Jews, in particular Arab and Bedouin communities, with regard to their enjoyment of economic, social and cultural rights in the State party's territory. The Committee reiterates its concern that the "excessive emphasis upon the State as a 'Jewish State' encourages discrimination and accords a second-class status to its non-Jewish citizens" . This discriminatory attitude is apparent in the continuing lower standard of living of Israeli Arabs as a result, inter alia, of higher unemployment rates, restricted access to and participation in trade unions, lack of access to housing, water, electricity and health care and a lower level of education, despite the State party's efforts to close the gap. In this regard, the Committee expresses its concern that the State party's legal order does not enshrine the general principles of equality and non-domestic discrimination.”
Human trafficking
Article 2(1) of the International Covenant on Civil and Political Rights (ICCPR) requires a state party to ensure to all individuals within its territory the rights guaranteed in the Covenant, an obligation which, according to the Human Rights Committee, extends to protecting against acts inflicted by people acting in their private capacity
Zionist Regime has been criticized for its policies and enforcement of laws on sex trafficking. The Zionist Regime has failed to take adequate measures to prevent, investigate, prosecute and punish human rights abuses committed against trafficked women.
According to Amnesty International trafficked women are effectively treated as criminals by the various Zionist Regime agencies with whom they come in contact, rather than as victims of human rights abuses.
With respect to the deprivation of liberty, violence and enslavement to which women trafficked to Zionist Regime have been subjected; several provisions in international human rights instruments are relevant. Article 7 of the ICCPR, which Zionist Regime ratified in 1991, states that no one should be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
Article 6 of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), also ratified by Zionist Regime in 1991, states: ''States Parties shall take all appropriate measures, including legislation, to suppress all forms of traffic in women and exploitation of prostitution''.
In 2005 the Committee on the Elimination of Discrimination against Women expressed concern about the lack of a comprehensive plan in Zionist Regime to prevent and eliminate trafficking in women and to protect victims, as well as the lack of systematic data collection on this phenomenon.
According to the committee Zionist Regime’s Penal Law addresses trafficking only for prostitution and bondage and does not cover trafficking for other forms of exploitation.
“The Committee urges the State party to intensify its efforts to combat all forms of trafficking in women and girls, including by expanding the provision in the Penal Code to bring it into line with the definition contained in the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children. The Committee also urges the State party to increase its efforts at international, regional and bilateral cooperation with countries of origin and transit so as to address more effectively the causes of trafficking and improve prevention of trafficking through information exchange. The Committee urges the State party to continue to collect and analyze data from the police and international sources, prosecute and punish traffickers, and ensure the protection of the human rights of trafficked women and girls. The Committee further calls on the State party to take all appropriate measures to suppress exploitation of prostitution of women, including discouraging the male demand for prostitution. The Committee calls on the State party to ensure that trafficked women and girls have adequate support to be in a position to provide testimony against their traffickers.”
The 2007 US Department of State report on Zionist Regime and the occupied territories mentions that “Prostitution is not illegal and was widespread, but not highly visible. The law prohibits operation of brothels and organized sex enterprises, but brothels existed in several major cities.”
Killings of Palestinians
Zionist Regime forces carried out frequent air and artillery bombardments against the Gaza Strip, often into densely populated refugee camps and residential areas. Some 650 Palestinians, half of them unarmed civilians and including some 120 children, were killed by Zionist Regime forces. This toll was a threefold increase compared with 2005. On 27 June the Zionist Regime army launched operation "Summer Rains" following an attack two days earlier by members of Palestinian armed groups on a military post inside Zionist Regime in which two Zionis Regime soldiers were killed and a third - Corporal Bombardments in the Gaza Strip and the West Bank.
On 9 June, seven members of the Ghalia family - five children and their parents - were killed and some 30 other civilians were injured when Zionist Regime forces fired several artillery shells at a beach in the north of the Gaza Strip. The beach was crowded with Palestinian families enjoying the first weekend of the school holidays. The Zionist Regime army denied responsibility for the killings but failed to substantiate their claim.
In the early morning of 8 November, 18 members of the Athamna family were killed and dozens of other civilians were injured when a volley of artillery shells struck a densely populated neighbourhood of Beit Hanoun, in the north of the Gaza Strip. The victims, eight of them children, were killed in their sleep or while fleeing the shelling, which lasted for around 30 minutes and during which some 12 shells landed in the area.
The Zionist Regime authorities expressed regret for the killings, saying that the houses were mistakenly struck due to a technical failure, but rejected calls for an international investigation. The attack came in the wake of a six-day Zionist Regime army raid in Beit Hanoun code-named "Autumn Clouds", during which Zionist Regime forces killed some 70 Palestinians, at least half of them unarmed civilians and including several children and two ambulance emergency service volunteers. The raid also injured some 200 others, including scores of children.
Most Palestinians were killed in the Gaza Strip, although scores were also killed in the West Bank.
Eight-year-old Akaber 'Abd al-Rahman 'Ezzat Zayed was shot dead by Zionist Regime special forces who opened fire on the car in which she was travelling to hospital with her uncle, who was seriously injured in the attack. The incident took place on 17 March in Yamun village, near the northern West Bank town of Jenin.
On 19 December, 14-year-old Dua'a Nasser 'Abdelkader was shot dead by Zionist Regime soldiers as she approached the fence/wall with a friend near Fara'un, a village in the north of the West Bank.
Zionist Regime forces continued to assassinate wanted Palestinians, killing and wounding bystanders in the process.
Nine members of the Abu Salmiya family were killed when a Zionist Regime F16 fighter jet bombed their home at 2.30am on 12 July. According to the Zionist Regime army, a senior leader of Hamas' armed wing was in the house at the time of the strike but survived. However, the strike wiped out an entire family: the owner of the house, Nabil Abu Salmiya, a Hamas political leader and university lecturer; his wife Salwa; and seven of their children all aged under 18. Dozens of neighbours were also .²injured and several other houses were damaged in the strike
-Attacks by Zionist Regime settlers
Zionist Regime settlers in the West Bank repeatedly attacked Palestinians and their property, as well as international peace activists and human rights defenders who sought to document their attacks on Palestinians. Some of the attacks occurred during the olive harvest season, in October and November, when Palestinian farmers attempted to go to their fields close to Zionist Regime settlements and which Zionist Regime settlers sought to prevent them accessing. In June the Zionist Regime Supreme Court issued a ruling instructing the army and police to protect Palestinian farmers seeking to work their land from attacks by settlers. The incidence of such attacks decreased, but several more were carried out, some in the presence of Zionist Regime security forces who failed to intervene.
In the evening of 25 March a group of Zionist Regime settlers assaulted 'Abderrahman Shinneran as he slept in his tent with his wife and three children in Susia in the southern Hebron Hills. When his brother 'Aziz went to his rescue he too was assaulted and injured.
On 18 November, Tove Johansson, a 19-year-old Swedish human rights defender, was assaulted by Zionist Regime settlers as she accompanied Palestinian school children through an Zionist Regime army checkpoint near the Tel Rumeida Zionist Regime settlement in the West Bank city of Hebron. She was struck with a broken bottle and sustained facial injuries. Zionist Regime soldiers at a nearby .²checkpoint took no action to stop the attack or apprehend the perpetrators
Zionist Regime's Prisons
Palestinians convicted of involvement in attacks against Zionist Regimes were usually sentenced to life imprisonment by Zionist Regime military courts, whereas in the exceptional cases in which Zionist Regimes were convicted of killing or abusing Palestinians, Zionist Regime courts imposed lenient sentences.
Thousands of Palestinians, including scores of children, were detained by Zionist Regime forces. Many were arrested during Zionist Regime army operations in the Gaza Strip. The majority of those arrested were released uncharged, but hundreds were accused of security offences. Those detained included dozens of Hamas government ministers and parliamentarians, who were arrested after Palestinian gunmen captured a Zionist Regime soldier in June, apparently to exert pressure for the soldier's release.
Trials of Palestinians before military courts often did not meet international fair trial standards, with allegations of torture and other ill-treatment of detainees inadequately investigated. Hundreds of Palestinians were held in administrative detention without charge or trial; more than 700 were being held at the end of the year. Family visits to some 10,000 Palestinian prisoners were severely restricted as many of their relatives were denied visiting permits.
According to the UN special Rapporteur on the situation of human rights in the occupied Palestinian territories, there were more than 9,000 Palestinian prisoners in Zionist Regime prisons in 2007. Ninety-nine per cent of the detainees are placed in Zionist Regime, which means that they are outside the occupied territories. Of these, 400 are children and over 100 women. In addition there are over 700 administrative detainees, i.e. persons held without charge or trial, simply on the ground that the occupying Power regards them as security risks.
Zionist Regime holds political prisoners in jails in Zionist Regime rather than in the OPT, in violation of article 49 of the Fourth Geneva Convention, and then refuses the families of many of the prisoners the right to visit them.
According to witnesses, 40 per cent of the male Palestinian population has been in prison once or several times during the last 40 years of occupation.
According to human rights groups12 cases related to Palestinians from the occupied territories are handled by Zionist Regime military courts. When arrested, detainees are often not informed about the reason for the detention. One of the female witnesses was detained for 13 months without ever having been informed about the charges against her.
There are serious complaints about the treatment, trial and imprisonment of prisoners. Pretrial detention is accompanied by prolonged isolation and lengthy interrogation in painful positions. Threats, deception and sleep deprivation are essential features of this process.
The judges and prosecutors are military officials, which raises the issue of impartiality. The language used during the court proceedings is Hebrew, which is rarely understood by the defendant or in many cases by their defense lawyer. Interpreters are used, but the witnesses explained that the interpretation was highly inadequate. In the cases of administrative detention, the documents of the file are kept secret from both the defendant and the defense lawyer. In the cases where charges are raised, the defense lawyer gets an opportunity to copy the file documents, which are all in Hebrew. If the documents have to be translated, they must pay for the translation themselves.
Witnesses describe the court proceedings as extremely summary. According to a report made by the Zionist Regime human rights organization Yesh Din, a court examination related to administrative detention lasted for three to four minutes on average.
The lawyers say at court proceedings for extension of the detention, the defendant and his or her defense lawyer were asked to leave the room while proceedings continued in the presence of only the judge and the prosecutor.
In 2006, 9,123 cases were concluded by the military courts. Only 1.42 per cent of the cases were concluded following a full trial, including the production of evidence and the interrogation of witnesses. The rest were concluded by so-called plea bargains.
This is a kind of confession arrangement in which the person concerned, knowing in advance what the sentence will be, accepts confessing to a criminal offence. Defense counsel will often advise his client to accept a plea bargain, as the alternative is often lengthy proceedings with the ultimate risk of a more severe sentence. Witnesses point out that plea bargains are even more questionable in relation to children, as they are more inclined to confess to something they did not do.
Several witnesses talked about arbitrariness in relation to the extension of detention, which is often extended when the detainees believe they will be released. Being kept in ignorance for long periods regarding the basis of suspicion and other issues, they experience unpredictability, which is psychologically damaging in itself
Several practical difficulties apply to detainees with Palestinian defense lawyers with regard to maintaining proper contact. Detention takes place in prisons on Zionist Regime territory, which the lawyers concerned are forbidden to enter.
Witnesses explained that pregnant women are not provided with sufficient nutrition and health service; furthermore, there have been instances where women were handcuffed during delivery.
Torture is widespread and systematically applied in Zionist Regime both during the arrest, the administrative detention, the remand in custody and the imprisonment after the sentencing.
The witnesses describe methods of torture. These descriptions are in agreement with the results of a scientific study carried out on former prisoners referred to the Rehabilitation Centre in Ramallah. The table indicates figures from women and children and only some of the methods of torture mentioned:
Torture methods Children under 18 Women
physical beating 74% 44%
“shaking” 36% 15%
suspension 70% 48%
segregation 71% 73%
enforced nakedness 59% 47%
sexual harassment and threats of rape 17% 36%
Men are tortured more frequently than women, and that torture takes place before as well as after the Supreme Court ruling of September 1999.
In many countries torture is used, mostly by the police, in order to obtain information or a confession. In Zionist Regime, however, torture is also very widespread in prisons, where it can only have the purpose of humiliating and undermining the prisoner’s personality.
This is successful to a great extent and it affects not only the tortured individual, but the whole family. The child whose parents have been tortured very often experiences that the parents have lost their parenting skills, because tortured people lose their ability to act with empathy after the torture.
The parents suffer whether they are tortured themselves or they observe the results of torture on their children. As 40 per cent of the Palestinian men have been imprisoned – and most of them tortured – it affects the whole population. Many suffer from PTSD (post traumatic stress disorder), but, as one of the witnesses remarked, the prisoners are released from a closed prison into a society which is an open prison. Thus they suffer not only from PTSD, but also from CTSD (continuous traumatic stress disorder).
Zionist Regime military authorities consider Palestinians in Zionist Regime or in below the age of 16 as children, while the Israelis are considered children until the age of 18 years. This applies to children of settlers in the occupied Palestinian territories as well. Human rights groups have reported incidents of children as young as 12 years old being imprisoned in Zionist Regime jails.
The best interests of the child are not safeguarded in the detention process. There have been reports of Palestinian children placed together with adults in ordinary prisons whereas the Israeli children are placed in especially suitable institutions. Children are removed from their families, and imprisoned children are prevented in every way from maintaining the necessary contact with their families. Separation is administratively upheld during long periods.
Offers of physical examinations and treatment are insufficient and are delayed, and the physical surroundings induce illnesses and are generally destructive to health. As examples of illnesses brought on by maltreatment, are skin diseases, infections and anemia for all groups of prisoners.
There have been repeated testimonies about children being subjected to torture and other degrading treatment.
Witnesses have also told human rights groups that authorities have carried out incidents of massive detention, without any documented justification for the serious
action or attempting to resort to less invasive measures.
According to international law, Zionist Regime, as the occupying power is responsible for the welfare of the occupied population. The regime has so far continually reiterated that the Convention on the Elimination of All Forms of Discrimination against Women not apply beyond its own territory and for that reason refuses to report on the status of implementation of the Convention in the Occupied Territories.
This is while all the treaty bodies, including the Human Rights Committee, the Committee on Economic, Social and Cultural Rights and the Committee against Torture, and also of the International Court of Justice, have all noted that obligations under international human rights conventions as well as humanitarian law apply to all persons brought under the jurisdiction or effective control of Zionist Regime and have stressed the applicability of the State party's obligations under international human rights conventions to the Occupied Territories. “The Committee urges the State party to reconsider its position and to give full effect to the implementation of its obligations under the Convention in regard to all persons under its jurisdiction, including women in the Occupied Territories, and to provide in its next periodic report detailed information on the enjoyment by all women, including, if still relevant, women living in the Occupied Territories, of their rights under theConvention.”
DEMOLITIONS
-Palestinians' Homes and Demolitions
The destruction of Palestinian infrastructure by Zionist Regime forces caused long-term damage and additional humanitarian challenges. In June the Zionist Regime bombardment of the Gaza Strip's only power plant, which supplied electricity to half of the area's inhabitants, as well as Zionist Regime's destruction of bridges, roads, and water and sewage networks, caused the population to be without electricity for most of the day throughout the hottest months of the year and interfered with water supplies.
Zionist Regime forces also bombed and destroyed several PA ministries in the Gaza Strip and other buildings housing charities and institutions reportedly linked to Hamas. These attacks destroyed or damaged scores of residential properties, rendering hundreds of Palestinians homeless.
Other Palestinians were made homeless when Zionist Regime forces bulldozed their houses in the West Bank, including in the East Jerusalem area, on the grounds that they had been built without licences which the Zionist Regime authorities require but make it impossible in those areas for Palestinians to obtain. The same reason was invoked to destroy tens of homes of Israeli Arab Bedouins in unrecognized Bedouin villages in the south of Zionist Regime, which the Zionist Regime authorities intend to
Mobile homes for an illegal Zionist Regime settlement in the Occupied Palestinian Territories (OPT) got the go-ahead within a week of Zionist Regime bulldozers demolishing Palestinian homes and property in the area. It emerged on 26 March that Zionist Regime Defence Minister Ehud Barak has approved the transfer of five mobile homes to the Zionist Regime settlement of Teneh Omarim in the region.
Only the week before, Zionist Regime army bulldozers demolished nine homes and two livestock enclosures in several Palestinian villages in the southern occupied West Bank. The demolitions were carried out on 19 March in the hamlets of Qawawis, Imneizil, al-Dairat and Umm Lasafa in the South Hebron Hill.
Those whose homes were demolished included families with children. In the villages of al-Dairat and Umm Lasafa, the Zionist Regime army destroyed the homes of brothers Yasser and Jihad Mohammed al-'Adra, and Ismail al-'Adra. As a result, Yasser al-'Adra, his wife and six children, Jihad al-'Adra, his wife and their five children, and Ismail al-'Adra, .²his wife and their three children, were left homeless
-Beduins' Homes
One of the main areas of concern regarding Zionist Regime’s discriminatory regulations towards its minorities is the situation of the unrecognized Bedouin villages in the Negev/Naqab to planned towns.
From 1949 to 1966 and during the period of Zionist Regime military rule over the country’s Palestinian Arab population, Zionist Regime passed laws that enabled the state to confiscate land previously owned or used by the Bedouin (as well as the wider Palestinian Arab community) and register it in the name of the state.
The 1953 Land Acquisition (Validation of Acts and Compensation) Law gave the state the right to register previously confiscated land in its name if various conditions were met. One of these conditions was that the owner was not in possession of the property on April 1, 1952.
By this date the “temporary” removal of the Negev Bedouins into the Siyag area had been completed, and thus much of the Bedouin’s land outside the Siyag was registered as state land, unbeknownst to many of the Bedouin owners.
Under article 38 of Zionist Regime’s Legal Executions Law (1967), Zionist Regime debt collection authorities may evict someone from his or her home for failure to pay a debt only after determining whether the person and his or her family have an alternative living arrangement. If the person has no adequate alternative, the debt collection office must stay the eviction or provide alternative housing. Demolitions, however, come under the authority of planning officials in Zionist Regime.
The Building and Planning Law, which provides the basis for home demolitions, fails to offer such basic protections to the inhabitants of unlicensed buildings. There is no provision in the law requiring officials to offer residents of a demolished home alternative shelter, either before or after the demolition. Nor is there a provision requiring authorities to ensure that the inhabitants of a structure used as a home will not be left homeless and provide them with temporary accommodation if they are. Finally, the law does not entitle victims of a demolition to compensation for their losses.
The authorities carry out the demolitions randomly and with no advance warning, usually in the early morning hours when villagers are sleeping or after the men of the village have left for work, with only the women and children remaining at home. In unrecognized villages, officials often carry out demolitions accompanied by a great show of force. Many people told Human Rights Watch that the demolitions are carried out early in the morning—when bulldozers woke the family—or around 9-10 a.m., after most males and school-age children have left the village and only women, the elderly and very young children remain. One woman in Um Mitnan village, Fatima al-Ghanami, 60, described the day her home was demolished:
"They came at 10 o’clock in the morning. They didn’t notify us the day before in order to let us prepare. They came at the house from behind, not from the front. They took everything out—all the furniture and utensils, all our belongings. The house had four rooms and a bathroom and it cost 70,000 NIS to build. We couldn’t do anything, we were totally helpless. Some of my sons were here, but they didn’t protest or resist because we all knew that no matter what we did they’d demolish the house anyway. We also had to pay for a bulldozer to come and remove the mess they left of the ruined home. That cost us 700 NIS right there. Afterwards my sons built me this temporary shack, but now it also has a demolition order."
After a demolition families often live in makeshift shelters that do not protect them against the elements and that lack basic facilities. Many people do not have the money to rebuild or are afraid that rebuilding will invite future demolition.
The same group of women spoke about the physical and emotional impact of the demolition, including the struggle to keep the children’s food and milk from spoiling and the family’s meager belongings clean. Sarah Kishkher said:
We wake up with a thousand questions such as, “How are we going to store and prepare the food?” and “How are we going to keep the children and the place clean?” Nothing works properly in the tents.
Everything used to be so clean and neat. We could keep the home organized—we had cupboards to fold the children’s clothes and keep them in. We could bathe the children whenever we wanted. Everything is in this sandy dirt. We can’t even keep food for the baby in the fridge. We have lost everything.
In 2007 Zionist Regime appeared before the Committee for the Elimination of Racial Discrimination (CERD), which commented in its concluding observations:
"The Committee expresses concern about the relocation of inhabitants of unrecognized Bedouin villages in the Negev/Naqab to planned towns. While taking note of the State party’s assurances that such planning has been undertaken in consultation with Bedouin representatives, the Committee notes with concern that the State party does not seem to have enquired into possible alternatives to such relocation, and that the lack of basic services provided to the Bedouin may in practice force them to relocate to the planned towns."
According to Human Rights Watch although Zionist Regime has ratified a number of international human rights treaties that guarantee the right to adequate housing and to privacy, protect against forced evictions, and allow for choice in place of residence, it has failed to uphold these obligations with regard to its Bedouin population.
Zionist Regime does not have any constitutional or legislative guarantees of equality. Nor do Zionist Regime’s land laws or the regulations governing the Zionist Regime Land Administration and planning authorities prohibit discrimination in allocation of land and housing or promote planning as a means of creating civic equality.
In its February 2007 consideration of Zionist Regime’s report, the Committee on the Elimination of Racial Discrimination (CERD), which oversees states’ compliance with their obligations under the ICERD, recommended “that the State party assess the extent to which the maintenance of separate Arab and Jewish ‘sectors’ may amount to racial segregation.
Regarding land allocation and the role of selection committees in governing admission to small communities, the CERD recommended “that the State party takes all measures to ensure that State land is allocated without discrimination, direct or indirect, based on race, color, descent, or national or ethnic origin. The State party
should assess the significance and impact of the ‘social suitability’ criterion in this regard.”
Many Bedouin described to Human Rights Watch the ways in which planning authorities and police aggressively entered their home and land, with no prior warning and without providing of any legal order for entry, in order to hand out orders, take measurements of the property, and inspect for new construction. These actions often amount to arbitrary interference with Bedouin’s privacy, family and home.
Violence Against Children
-Definition of the child
The Zionist Regime legislation discriminates in the definition of the child between Israeli children (e.g. persons under 18 in the 1962 Guardianship and Legal Capacity Law, and the Youth [Trial, Punishment and Modes of Treatment] Law) and Palestinian children in the occupied Palestinian territories (i.e. persons under 16 in Military Order No. 132).
The UN Committee on the rights of the child has criticized Zionist Regime for not incorporating the general principle of the best interests of the child contained in article 3 of the Convention on the Rights of the Child in all legislation concerning children.
The article states:
1. In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration.
2. States Parties undertake to ensure the child such protection and care as is necessary for his or her well-being, taking into account the rights and duties of his or her parents, legal guardians, or other individuals legally responsible for him or her, and, to this end, shall take all appropriate legislative and administrative measures.
3. States Parties shall ensure that the institutions, services and facilities responsible for the care or protection of children shall conform with the standards established by competent authorities, particularly in the areas of safety, health, in the number and suitability of their staff, as well as competent supervision.
According to UN reports Palestinian children are frequently a target of ‘inhuman or degrading practices and of torture and ill-treatment by police officers during arrest and interrogation and in places of detention’ (i.e. Ma'ale Adummim, Adorayim, Beit El, Huwarra, Kedumin, Salem and Gush Etzion police station and prisons such as Terza, Ramleh, Megiddo and Telmond). In confessions to the British daily, the Independent, Zionist Regime soldiers have confessed abductions, beatings and torture of Palestinian children in Hebron, the only Palestinian city whose centre is directly controlled by the Zionist Regime military.
A group of former conscripts calling themselves Shovrim Shtika, or “Breaking the Silence”, talked candidly about how they routinely “beat up Palestinian residents without provocation, looted homes and shops and opened fire on unarmed demonstrators.
The report cites one instance of the Zionist Regime army’s treatment of children in Hebron:
“… our interview tells us, he [an enlisted soldier in Hebron] was "many times" in groups that commandeered taxis, seated the driver in the back, and told him to direct them to places "where they hate the Jews" in order to "make a balagan" – Hebrew for "big mess".
Then there is the inter- clan Palestinian fight: "We were told to go over there and find out what was happening. Our [platoon] commander was a bit screwed in the head. So anyway, we would locate houses, and he'd tell us: 'OK, anyone you see armed with stones or whatever, I don't care what – shoot.' Everyone would think it's the clan fight..." Did the company commander know? "No one knew. Platoon's private initiative, these actions."
Did you hit them? "Sure, not just them. Anyone who came close ... Particularly legs and arms. Some people also sustained abdominal hits ... I think at some point they realized it was soldiers, but they were not sure. Because they could not believe soldiers would do this, you know."
Or using a 10-year-old child to locate and punish a 15-year-old stone-thrower: "So we got hold of just some Palestinian kid nearby, we knew that he knew who it had been. Let's say we beat him a little, to put it mildly, until he told us. You know, the way it goes when your mind's already screwed up, and you have no more patience for Hebron and Arabs and Jews there.
"The kid was really scared, realizing we were on to him. We had a commander with us who was a bit of a fanatic. We gave the boy over to this commander, and he really beat the shit out of him ... He showed him all kinds of holes in the ground along the way, asking him: 'Is it here you want to die? Or here?' The kid goes, 'No, no!'
"Anyway, the kid was stood up, and couldn't stay standing on his own two feet. He was already crying ... And the commander continues, 'Don't pretend' and kicks him some more. And then [name withheld], who always had a hard time with such things, went in, caught the squad commander and said, 'Don't touch him anymore, that's it.' The commander goes, 'You've become a leftie, what?' And he answers, 'No, I just don't want to see such things.'
"We were right next to this, but did nothing. We were indifferent, you know. OK. Only after the fact you start thinking. Not right away. We were doing such things every day ... It had become a habit...
"And the parents saw it. The commander ordered [the mother], 'Don't get any closer.' He cocked his weapon, already had a bullet inside. She was frightened. He put his weapon literally inside the kid's mouth. 'Anyone gets close, I kill him. Don't bug me. I kill. I have no mercy.' So the father ... got hold of the mother and said, 'Calm down, let them be, so they'll leave him alone.'"
-Children And Education
The International Covenant on Economic, Social and Cultural Rights and the Convention on the Rights of the Child, to which Zionis Regime is a party, both guarantee a right to education. The Universal Declaration of Human Rights also enshrines such a right.
According to these international legal standards, the right to education must be enjoyed without discrimination on the basis of race, color, sex, language, religion, national or social origin, property, or birth. The Convention against Discrimination in Education, to which ninety countries are parties and which Zionist Regime ratified in 1961, requires that if Zionist Regime maintains separate systems for Jews and Palestinian Arabs, the two systems must provide the same standard of education in equivalent conditions .Although Zionist Regime's constitutional law does not explicitly recognize the right to education, its ordinary statutes effectively provide such a right. However, these laws, which prohibit discrimination by individual schools, do not specifically prohibit discrimination by the national government. And Zionist Regime's courts have yet to use either these laws or more general principles of equality to protect Palestinian Arab children from discrimination in education.
The measures imposed by the Zionist Regime war ministry, including road closures, curfews and mobility restrictions, and the destruction of school infrastructure has seriously affected access to education of children in the occupied Palestinian territories.
Zionist Regime’s fuel cuts to Gaza and as a consequence the reduction of transportation means has forced Palestinian School children to walk long distances or skip school altogether.
Kindergarten in Zionist Regime begins at age two and continues through age five or six, when children begin the first grade. In addition to government kindergartens, local governments and private and religious organizations also run schools, the latter two usually charging a monthly fee ranging from a few hundred to several thousand shekels. This chapter addresses discrimination from age three, when Zionist Regime law obligates the state to provide free and compulsory kindergarten. At the time of writing, attendance rates for three and four year-old Palestinian Arabs were less than half that of Jewish children and many of the most impoverished Palestinian Arab communities had no kindergartens at all for three and four-year-olds (often called "preschools"). Of the Arab kindergartens that do exist, many suffer from the same problems as the rest of the Arab school system: poor physical plants, less-developed curricula, and fewer university-trained teachers.
Preschool from ages three and four appears to have long-term academic and social benefits, including reducing drop-out rates. Education is cumulative, and, therefore, most Palestinian Arab children start out two years behind Jewish children. In the 1999-2000 school year, only 11.5 percent of teaching hours for government-run ("official") kindergartens went to Arab kindergartens.
Nearly one in four of Zionist Regime's 1.6 million schoolchildren are educated in a public school system wholly separate from the majority. The children in this parallel school system are Zionist Regime citizens of Palestinian Arab origin. Their schools are a world apart in quality from the public schools serving Zionist Regime's majority Jewish population. Often overcrowded and understaffed, poorly built, badly maintained, or simply unavailable, schools for Palestinian Arab children offer fewer facilities and educational opportunities than are offered other Zionist Regime children.
Palestinian Arab children attend schools with larger classes and fewer teachers than do those in the Jewish school system, with some children having to travel long distances to reach the nearest school. Arab schools also contrast dramatically with the larger system in their frequent lack of basic learning facilities like libraries, computers, science laboratories, and even recreation space.
‘In no Arab school did we see specialized facilities, such as film editing studios or theater rooms that we saw as a sign of excellence in some of the Jewish schools we visited.’
The educational system has given a low priority to teacher training for the Arab school system and provides less "in-service" training to Palestinian Arab teachers
already within the system than is routine within the majority system. Palestinian Arab teachers on average have lower qualifications and receive lower salaries than non-Palestinian Arab teachers. Financial incentives for teachers assigned in particularly deprived areas like parts of the Negev are lower than those made available to teachers in Jewish schools identified as hardship postings. Training in special education for teachers in the Arab school system has been largely insufficient.
Discrimination at every level of the education system winnows out a progressively larger proportion of Palestinian Arab children as they progress through the school system--or channels those who persevere away from the opportunities of higher education. The hurdles Palestinian Arab students face from kindergarten to university function like a series of sieves with sequentially finer holes. At each stage, the education system filters out a higher proportion of Palestinian Arab students than Jewish students. Children denied access to kindergarten do less well in primary school. Children in dilapidated, distant, under-resourced schools have a far higher drop-out rate. Children who opt for vocational programs are often limited to preparation for work as "carpenters, machinists, or mechanics in a garage," as one school director told Human Rights Watch.
Many Palestinian Arab students who might otherwise have academic or professional aspirations are barred from higher education by an examination system established firstly for the Jewish majority's school system--the point at which the two unequal systems converge. Palestinian Arab students who stay in school perform less well on national examinations, especially the matriculation examinations (bagrut)--the prerequisite for a high school diploma and university application. Others are weeded out by a required "psychometric" examination--generally described as an aptitude test-which Palestinian Arab educators describe as culturally weighted, a translation of the test given students of the Jewish school system. A consequence is that Palestinian Arabs seeking admission to university are rejected at a far higher rate than are Jewish applicants. All but 5.7 percent of the students receiving their first university degree in the 1998-1999 school year were Jewish.
The Zionist Regime government has, to a certain extent, acknowledged that its Arab education system is inferior to its Jewish education system. For example, it reported to the United Nations Committee on the Rights of the Child in 2001:
There is a great deal of variance in the resources allocated the education in the Arab versus the Jewish sector. These discrepancies are reflected in various aspects of education in the Arab sector, such as physical infrastructure, the average number of students per class, the number of enrichment hours, the extent of support services, and the level of education of professional staff.
It also reported that in 1991, government investment per Palestinian Arab pupil was about 60 percent of its investment per Jewish pupil. In the last decade the government has appointed various committees to look at problematic aspects of education, such as education for Bedouin in the Negev and special education. These committees have found striking gaps in the way the government treats Jewish and Palestinian Arab students and made recommendations for fixing the problem. The Ministry of Education's Committee for Closing the Gap also pointed out the stark differences to the ministry's leadership in December 2000, although its principle mandate concerned the gaps among Jewish students
-Children with disabilities
Although International law explicitly guarantees the right to education without discrimination for disabled children , one of the largest gaps in the Zionist regime’s education policies is in the area of special education. Despite higher rates of disability, Palestinian children receive less funding have fewer special schools, and lack appropriate curricula when compared to Jewish children in Zionist Regime and the occupied territories.
Under Zionist Regime's Special Education Law, the state must provide free special education to "special needs children" from ages three to twenty-one. A child with special needs is identified as a "physical, mental, emotional, or behavioral developmental impairment" with a limited "ability to adjust behaviors." The Zionist Regime ministry of education has appointed a placement committee to decide on a child’s eligibility for special education.
According to Human Rights Watch a Palestinian child is less likely to be accommodated in a local school due to the ministry’s policy of allocating fewer resources per Palestinian Arab child for integration and fewer special education services to help Palestinian Arab children stay in regular schools.
The special education classes are also larger in Arab schools than in Jewish thus, many Palestinian Arab children face an unsatisfactory choice: to attend regular classes that do not meet their needs, to travel very long distances to attend an Arab special education school, or, if one is available, to attend a Jewish special education school. Faced with these choices, some parents just keep their children at home.
Palestinian Arab children are diagnosed with "special needs" at a slightly higher rate than Jewish children, 8.5 percent of all children versus 7.6 percent. They also have higher rates of severe disabilities, 5.4 percent of all children versus 3.3 percent. About 7 percent of Negev Bedouin are hearing impaired, compared with 3 percent of the general population in the occupied territories .
But these numbers still underestimate the rate of disability among Palestinian Arab children, according to a 2000 study by the JDC-Brookdale Institute, a nonprofit organization that operates as a partnership between the American Jewish Joint Distribution Committee (AJJDC) and the government of Zionist Regime:
The proportion of children with special needs is higher in Arab towns than in Jewish ones--8.3% versus 7.6%. It should be noted that this is an underestimate; it may be assumed that the actual gap is greater. The underestimate is a consequence of the lack of an appropriate system of identification and diagnosis of children with learning disabilities in the Arab sector.
The UN has frequently recommended the Zionist Regime to strengthen its efforts to prioritize and target resources (human and financial) to ensure that the needs of children with disabilities are met and the necessary services provided.
It has also called on Zionist Regime to ensure that Zionist Regime Arab children receive the same level and quality of services as Jewish children.
“The Committee notes the various efforts of the State party to address the rights and special needs of children with disabilities. However, it remains concerned at the large gap between the needs and services provided, and the gap between services provided to Jewish and Zionist Regime Arab children.”
Freedom of movement
Free movement is a basic human right that affects other rights: right to employment, right to live in dignity, right to education, health, and right to family life.
Zionist Regime’s Basic Law on Human Dignity and Liberty states:
“All persons are entitled to protection of their life, body and dignity, There shall be no deprivation or restriction of the liberty of a person by imprisonment, arrest, extradition or otherwise.”
Since the second Intifada began in September 2000, these freedoms have been constricted, and it has made life in the Territories impossible. They mainly affect the West Bank that is restricted by hundreds of checkpoints, roadblocks, barriers and the Separation Wall that has taken 10% of Palestinian territory on the pretext of security.
Movement restrictions have split the West Bank into six geographic units - North, Center, South, the Jordan Valley, the northern Dead Sea, and East Jerusalem. Movement is severely restricted within and between them, it’s had a grave impact on normal economic life, and Palestinians are effectively prisoners in their own land.
Checkpoints restrict movement and subject Palestinians to inordinate delays and abusive searches. They’re supplemented by countless obstacles further impinging movement: concrete blocks, earth mounds, and trenches that deny direct vehicular or pedestrian passage and allow Zionists exclusive access to 311 kilometers of main West Bank roads connecting all of Zionist Regime's occupied lands and the Territories. Those most harmed are the elderly, sick, pregnant women and small children.
“Zionist Regime continued the construction of a 700-km fence/wall, 80 per cent of which runs inside the occupied West Bank, including in and around East Jerusalem. Large areas of Palestinian land were seized and utilized for this purpose. The fence/wall and more than 500 Zionist Regime army checkpoints and blockades throughout the West Bank increasingly confined Palestinians to restricted areas and denied them freedom of movement between towns and villages within the Occupied Territories. Many Palestinians were cut off from their farmland, their main source of livelihood, or could not freely access their workplaces, education, health facilities and other services.
Further discriminatory measures were put in place to enforce the system of segregated roads and checkpoints for Israeli settlers and Palestinians. In November the Zionist Regime army issued an order prohibiting Zionist Regimes from using their vehicles to transport Palestinians in the West Bank, where many roads or stretches of road are prohibited to Palestinians and reserved for use by Israeli settlers.
- mainly the 450,000 Israeli settlers who live in the West Bank. In the Gaza Strip, the Rafah crossing to Egypt, the only entry and exit point for the 1.5 million Palestinian residents, was kept completely or partially closed by the Zionist Regime authorities for most of the year. The passage of goods was similarly restricted by the Zionist Regime authorities' frequent and prolonged closures of the Karni merchandise crossing, the only one they permit.
The damaging impact of the prolonged blockades and movement restrictions was compounded by the Zionist Regime authorities' confiscation of tax duties due to the PA - some US$50 million a month, equivalent to half of the PA's administration budget. As a result, humanitarian conditions in the Occupied Territories deteriorated to an unprecedented level, marked by a rise in extreme poverty, food aid dependency, high unemployment, malnutrition and other health problems among the Palestinian population”
In September 1998, a day-old infant died in Hebron and another, three months old, died in her mother’s arms, both on their way to the hospital, when Zionist Regime soldiers refused to let them pass through security barriers that had been set up to ensure that Jewish settlers could observe ritually prescribed seven days of mourning without disturbance. The soldiers made “a mistake in judgment” the military spokesperson stated, ending the matter.
Then there’s the “black lists” called “Police Refused” or “GSS Refused.” Tens of thousands of Palestinians are on them for groundless and arbitrary reasons with no right of appeal. Their lives are disrupted, freedom denied and movements restricted inside the Territory or when attempting to leave.
In its 2008 World Report, Human Rights Watch maintained that in 2007 the ‘Zionist Regime authorities expanded already extensive, often arbitrary restrictions on freedom of movement in the West Bank and East Jerusalem.’
“In September 2007 UN Office for the Coordination of Humanitarian Affairs (OCHA) reported that the army had set up 572 West Bank roadblocks, an increase of 52 percent in just two years. The restrictions make it impossible for many Palestinians, including UN doctors and teachers, to get to work, access education and health services, and visit family, friends, and religious and cultural institutions.”
-The Separation Wall
In 2006 then-Acting Prime Minister Ehud Olmert stated publicly for the first time that the route of the wall the government had said it was constructing to prevent Palestinian armed groups from carrying out attacks inside Zionist Regime also reflected official aspirations for a future border. Currently, 85 percent of the wall’s route extends into the West Bank, carving out approximately 10 percent of the West Bank, including almost all major Zionist Regime's settlements there—which are illegal under international humanitarian law—as well as some of the most productive Palestinian farmlands and key water resources.
Zionist Regime continues to expand illegal settlements in the West Bank and the Zionist Regime settler population has been growing by around 5.5 percent each year. In 2007 approximately 450,000 settlers were living in the West Bank, including East Jerusalem; more than 38 percent of the West Bank now consists of settlements, military bases, and other Zionist Regime-controlled areas, most of which are off limits to Palestinians. Settler violence against Palestinians and their property continues with virtual impunity. In June 2002, the government of Zionist Regime decided to erect a physical barrier to separate Zionist Regime and the West Bank aimed at what it called uncontrolled entry of Palestinians into Zionist Regime.
Most of the barrier’s route runs through the West Bank, and not along the Green Line. According to B'Tselem, the Zionist Regime information center for the occupied territories, in areas where the Barrier has already been built, the extensive violations of human rights of Palestinians living nearby are evident. Further construction inside the West Bank, in accordance with the Cabinet's decision, will bring about additional human rights violations affecting hundreds of thousands of local residents.
The completed 780 kilometers construction will:
• Separate Palestinian cities, villages, communities and families from each other;
• Cut off Palestinian farmers from their lands;
• Impede access to health facilities, educational institutions and other essential services;
• Obstruct access to clean water sources and effectively steals them.
In addition to the widespread restrictions that have been in place since the outbreak of the second Intifada, the barrier has brought new restrictions on movement for Palestinians living near the Barrier's route.
Thousands of Palestinians have difficulty going to their fields and marketing their produce in other areas of the West Bank. As Farming is a primary source of income in the Palestinian communities situated along the Barrier's route the barrier is liable to have drastic economic effects on the residents - whose economic situation is already very difficult - and drive many families into poverty.
Zionist Regime has built gates along the completed sections of the Barrier, through which permit holders are allowed to pass. However, requests of many Palestinians for permits to enter their land are rejected, either on grounds of security, or on the contention that the applicant has not provided sufficient proof of ownership of the land or family relation to the landowner. Also, a permit from the Civil Administration does not guarantee that the holder will be allowed to pass through the gate: when the army declares comprehensive closures on the Occupied Territories, the permits do not apply.
Violations of Right to Health
The right to health is a fundamental right. Under the provisions of the National Health Insurance Law, enacted in 1994, every Zionist Regime resident is entitled to health services in accordance with the principles of justice, equality, and mutual support. Despite its “disengagement” from the Gaza Strip, in September 2006, Zionist Regime continues to hold effective control of many aspects of life in Gaza, including the crossing points. This scope of control imposes on Zionist Regime responsibility for the safety and welfare of the residents there, in accordance with the laws of occupation specified in the Hague and Geneva Conventions. Regardless of the questions of the legal status of the Gaza Strip, international humanitarian law and international human rights law require Zionist Regime to protect civilians in time of armed conflict, safeguard wounded and sick persons, prevent deterioration in the humanitarian situation, and enable the shipment of necessary medicines and provision of an adequate standard of health.
However, given its shortcomings over the last decade, the Zionist Regime health system is far from being able to adhere to these principles. On the contrary – we are witnessing increasing inequality in access to health services.
As a result of the measures imposed by the Zionist Regime Defense Forces, including road closures, curfews and mobility restrictions, and the destruction of Palestinian economic and health infrastructure, Children the occupied Palestinian territories have suffered from deterioration of health and health services.
The Committee on the Rights of the Child in 2002 expressed concern over ‘the consequent delays of and interference with medical personnel, the shortages of basic medical supplies and malnutrition in children owing to the disruption of markets and the prohibitively high prices of basic foodstuffs.’
In September 1998, a day-old infant died in Hebron and another, three months old, died in her mother’s arms, both on their way to the hospital, when Zionist Regime soldiers refused to let them pass through security barriers that had been set up to ensure that Jewish settlers could observe ritually prescribed seven days of mourning without disturbance. The soldiers made “a mistake in judgment” the military spokesperson stated, ending the matter.
The committee also urged the State party strengthen and increase the allocation of resources to ensure that all citizens benefit equally from available health services.
Zionist Regime has used various means to reduce the supply of electricity and fuel to the Gaza Strip, starting with bombing the only power station in June 2006. According to the UN Office for the Coordination of Humanitarian Affairs in Gaza Deliveries of gasoline and diesel in March 2008 were 80 percent and 57 percent lower respectively compared to March 2007. There have been no gasoline deliveries since March 18, 2008, and no deliveries of ordinary diesel since April 2, 2008.
These measures have had a terrible impact on civilian life in Gaza, crippling sanitation facilities and curtailing access to schools, hospitals, and other services essential for the civilian population.
The World Health Organization, in January 2008, reported that 19 percent of necessary medicines primarily those needed in surgery and in emergency cases, antibiotics for initial care of children, and cancer drugs have been denied to entry to the Palestinian territories.
The Office for the Coordination of Humanitarian Affairs (OCHA) in 23 April 2008 reported that due to the siege surgical operations had been cut by 50 per cent in Nasser hospital and Gaza European hospitals in Khan Younis. The laundry room in Shifa hospital is working at half capacity.
It expressed concern that the power cuts will also affect 412 patients who receive kidney dialysis and 162 patients in special care units at Gaza hospitals.
Violations of Adequate standard of living
According to international law, Zionist Regime, as the occupying power is responsible for the welfare of the occupied population. The regime has so far continually reiterated that the Convention on the Elimination of All Forms of Discrimination against Women not apply beyond its own territory and for that reason refuses to report on the status of implementation of the Convention in the Occupied Territories.
This is while all the treaty bodies, including the Human Rights Committee, the Committee on Economic, Social and Cultural Rights and the Committee against Torture, and also of the International Court of Justice, have all noted that obligations under international human rights conventions as well as humanitarian law apply to all persons brought under the jurisdiction or effective control of Zionist Regime and have stressed the applicability of the State party's obligations under international human rights conventions to the Occupied Territories. “The Committee urges the State party to reconsider its position and to give full effect to the implementation of its obligations under the Convention in regard to all persons under its jurisdiction, including women in the Occupied Territories, and to provide in its next periodic report detailed information on the enjoyment by all women, including, if still relevant, women living in the Occupied Territories, of their rights under the Convention.”
The Zionist Regime has cut the budget for social welfare to pay for defense and settlements, directly affecting vulnerable families including single-parent families.
The UN has repeatedly reported that a very high percentage of children in Zionist Regime and the occupied territories are living in poverty, particularly children in large, single-parented and Arab families.
The large-scale demolition of houses and infrastructure in the occupied Palestinian territories is also considered a serious violation of the right to an adequate standard of living for children in those territories.
The Committee on the Rights of the Child has recommended the Zionist Regime fully comply with the rules of distinction (between civilians and combatants) with reference to international humanitarian law, notably the Geneva Convention relative to the Protection of Civilian Persons in Time of War and proportionality (of attacks that cause excessive harm to civilians).
It also calls on the state party to refrain from the demolition of civilian infrastructure, including homes, water supplies and other utilities and provide the victims of such demolitions with support for the rebuilding of their houses and with adequate compensation.
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