United Nations CRC/C/ISR/2-4 Convention on the Distr.: General 28 August 2012 Rights of the Child Original: English Committee on the Rights of the Child Consideration of the reports submitted by States parties under article 44 of the Convention Combined second, third and fourth periodic reports of States parties due in 2008 * Israel [11 June 2010] * In accordance with the information transmitted to the States parties regarding the processing of their reports, the present document was not edited. GE.12-45478 CRC/C/ISR/2-4 Contents Paragraphs Page I Introduction ............................................................................................................. 1-16 4 II. General measures of implementation (arts. 4, 42 and 44, para. 6) .......................... 17-85 8 III. Definition of the child ............................................................................................. 86-150 17 IV. General principles ................................................................................................... 151-314 25 A. Article 6– The right to life, survival and development ................................... 151-190 25 B. Article 2– Non-discrimination and equal opportunity .................................... 191-203 31 C. Article 3 – The best interest of the child ......................................................... 204-216 34 D. Article 12- Respect for the views of the child ................................................ 217-240 36 E. Articles 7 and 8 ............................................................................................... 241-256 40 F. Article 13– Freedom of expression ................................................................. 257 43 G. Article 14– Freedom of thought, religion and conscience .............................. 258 43 H. Article 15– Freedom of association and peaceful assembly ........................... 259-264 43 I. Article 16– The right to dignity, privacy and reputation ................................ 265-282 44 J. Article 17– Access to information: television, radio, and film ....................... 283-297 46 K. Article 37 (a) ................................................................................................... 298-314 49 V. Family environment and alternative care ................................................................ 315-434 52 A. Articles 5, 9 and 18 ......................................................................................... 327-374 54 B. Article 10– Family reunification ..................................................................... 375-376 62 C. Article 11 – Illicit transfer and non-return ...................................................... 377-385 62 D. Article 27, paragraph 4 – Recovery of maintenance for the child .................. 386-390 65 E. Articles 20 and 25– Children deprived of a family environment .................... 391-399 66 F. Article 21 – Adoption ..................................................................................... 400-415 68 G. Articles 19 and 39 – Abuse and neglect, recovery and reintegration .............. 416-434 71 VI. Basic health and welfare ......................................................................................... 435-613 75 A. Article 23 – Children with disabilities ............................................................ 435-469 75 B. Articles 6 and 24 – Health and health services ............................................... 470-578 84 C. Article 26 – Social security ............................................................................. 579-584 106 D. Article 27, paragraphs 1-3– Standard of living ............................................... 585-613 107 VII. Education, recreation and cultural activities ........................................................... 614-713 112 VIII. Special protection measures .................................................................................... 714-947 133 A. Articles 37, 39 and 40 – Children in the juvenile justice system .................... 714-809 133 2 CRC/C/ISR/2-4 B. Articles 32–36 – Children in situations of exploitation, including physical and psychological recovery and reintegration into society ............................. 810-830 151 C. Article 34 – Sexual exploitation and sexual abuse.......................................... 831-917 156 D. Articles 22, 38 and 39 – Children in emergency situations ............................ 918-947 170 3 CRC/C/ISR/2-4 I. Introduction 1. This is the second periodic report of the State of Israel, submitted to the United Nations Committee on the Rights of the Child in accordance with the requirements of article 44 of the International Convention on the Rights of the Child (hereinafter referred to as the ―Convention. This report has been compiled by the Human Rights and Foreign Relations Department of the Ministry of Justice, in cooperation with the Ministry of Foreign Affairs and other Israeli Government bodies. Israeli non-governmental organizations (NGOs) were also invited to submit comments prior to the compilation of the present report, both through direct application, and a general invitation to submit remarks, which was posted on the Ministry of Justice website. Their contributions were given substantial consideration. 2. Since the submission of the initial report (CRC/C/8/Add.44), many legislative, administrative and judicial developments relevant to the implementation of the Convention have occurred. A brief summary of the most significant of these changes is set out below. This report provides a comprehensive account of these developments. It also addresses the comments made by the Committee in its concluding observations (CRC/C/15/Add.195) dated 10 October 2002. 3. As of Israel‘s first submission to the Committee, noteworthy legislative steps have been taken to promote children‘s rights. Several of the more prominent new pieces of legislation include: - Amendment No. 10 to the Public Defenders Law (the: ―Public Defenders‖) - Amendment No. 11 to the Criminal Procedure Law 5756-1996 (the: ―Criminal Procedure Law‖) - Amendment No. 12 to the Criminal Procedure (Enforcement Powers and Bodily Search) (Legislative Amendment) 5765-2005 (the ―Enforcement Powers and Bodily Search Law‖) - Amendment No. 13 to the Legislative Amendment Law to the Evidence Revision (Protection of Children) Law 5765-2005 (the: ―Evidence Revision Law‖) - Amendment No. 5 to the Courts Law (Consolidated Version) 5744-1984 (the: ―Courts Law‖) - Legislative Amendment to the Treatment of Mentally Ill Law 5751-1991 (the: ―Treatment of Mentally Ill Law‖) - Amendment No. 14 to the Youth (Trial, Punishment and Modes of Treatment) Law 5731-1971 (the: ―Youth Law‖) - Amendment No. 9 to the Transportation Ordinance (New Version) 5721-1961 (the: ―Transportation Ordinance (New Version)‖) - Amendment No. 6 to the Penal Law 5737-1977 (the: ―Penal Law‖), which endeavours to assimilate the principle of a child‘s best interest (as a leading principle) in legislative, administrative and judicial matters affecting children 4. In Israel, the principle rights enshrined by the Convention are effectively protected through legislation and judicial decisions. Having said this, it should be noted that Israel has not enacted any further basic laws (Israel‘s constitutional law) regarding children‘s rights since the submission of its previous periodic report. Israel did however incorporate the Convention on the Civil Aspects of International Child Abduction 1980 into Israeli domestic law as the Hague Convention Law (Return of Abducted Children) 5751-2001. 4 CRC/C/ISR/2-4 With respect to judicial decisions, the Supreme Court has continued to play a major role in the implementation of the rights protected by the Convention. Judicial rulings 5. Both the Israeli Supreme Court and several of Israel‘s District Courts referred to different provisions of the Convention in a number of their decisions. The most noteworthy examples of this practice which occurred during the reporting period are: - The Supreme Court noted the provisions of article 3 regarding the best interests of the child in HCJ 7395/07 Anonymous v. The Rabbinical Court of Appeals (21.1. 2008). This case involved a dispute over the education of the children of a divorced couple. The Supreme Court overruled a decision of the Rabbinical Court, which had not considered the best interests of the children in question. The Supreme Court determined that the children should study in the national education system as opposed to the national-religious education system. - The Supreme Court also referred to article 28 of the Convention regarding a child‘s right to education in HCJ 6914/06 The National Parents Organization (Registered Society) v. The Ministry of Education, Culture and Sports et. al. (14.8. 2007). In this case, the National Parents Organization claimed that school-related payments, which parents are required to pay each year, violate the right to free education; and therefore filed a petition requiring the Ministry of Education to receive the approval of the Knesset Education Committee for all forms of parental school payments that parents are required to pay for each school year. - District Courts also referred to the rights enshrined in the Convention. For example, the Tel-Aviv District Court, when sitting as a Juvenile Court, addressed article 37(a) of the Convention in relation to the imposition of life imprisonment upon a minor who committed a murder before he reached the age of eighteen, and stressed that the