Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Slavery. The Committee previously noted that pursuant to 375A(a) of the Penal Law 5737-1977, as amended in 2006, it is an offence for anyone to hold a person under conditions of slavery for the purposes of work or services, including sex services. Section 375A(b) specifies that if this offence is committed against a minor, the penalty is higher. It requested the Government to indicate the definition of the term “minor”. The Committee notes the statement in the Government’s report that, pursuant to section 3 of the Capacity and Guardianship Law (577-1962), a minor is defined as a person who has not reached the age of 18. The Committee also notes that section 34X of the Penal Code defines a minor a person under 18.

2. Forced recruitment of children for use in armed conflict. The Committee previously requested the Government to provide a copy of the Defence Service Law No. 5746–1986 as amended in 2004. The Committee takes note of the copy of the Defence Service Law submitted with the Government’s report. The Committee notes that section 1 of the Defence Service Law defines a “person of military age” as an Israeli national (or permanent resident), who has attained the age of 18, and defines a “person liable for defence service” as an Israeli national (or permanent resident) who has attained the age of 18 and a half. The Committee further notes that section 14(a) of the Defence Service Law states that a person who has attained the age of 17 and a half may be called upon for service if this person has so requested in writing and parental consent has been given.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee previously noted that some provisions in the Penal Code related to prostitution appeared to apply only to cases where the victim was female. It requested a copy of the updated Penal Code.

In this regard, the Committee notes with interest that the provisions of the Penal Code (6th Edition) which prohibit procuring a prostitute (section 199), inducing another to perform an act of prostitution with another (section 201) and inducing another to engage in prostitution (section 202) apply to all persons, regardless of gender.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. Following its previous comments, the Committee notes that section 214(a)(a) of the Penal Code prohibits preparing an obscene publication, section 214(b) prohibits publishing an obscene publication including the likeness of a minor and section 214(b1) prohibits utilizing the body of minor in an obscene display or to advertise an obscenity.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee previously noted the Government’s indication that this worst form of child labour is illegal, but observed that the Government did not reference any particular legal provision in this regard. The Committee notes the information in the Government’s report that section 21 of the Dangerous Drugs Ordinance prohibits giving a dangerous drug to a minor, or allowing a minor to obtain a dangerous drug. The Committee observes that these provisions do not address the use of a minor for the purpose of manufacturing or trafficking drugs. The Committee further notes that the Dangerous Drugs Ordinance prohibits the manufacturing, preparation, production of drugs (pursuant to section 6) and the export, import, trade or supply of drugs (pursuant to section 13), but observes that the Ordinance does not appear to prohibit the use of a minor for the commission of these offences. The Committee also notes the information in the Government’s
report on the implementation of the Convention on the Rights of the Child (submitted to the Committee on the Rights of the Child (CRC) in 2010) that in 2007, 737 minors were convicted of drug-related offences (CRC/C/ISR/2, paragraph 585), though this data does not indicate if these offences involved the use of these minors by adults. The Committee reminds the Government that pursuant to Article 3(c) of the Convention, the use, procuring or offering of any person under 18 for illicit activities, in particular for the production and trafficking of drugs, constitutes one of the worst forms of child labour and accordingly requests the Government to take the necessary measures to ensure the explicit prohibition of this worst form of child labour in legislation.

Article 6. Programmes of action. The Committee previously requested information on the measures taken to develop programmes of action to prevent the worst forms of child labour, in particular commercial sexual exploitation.

The Committee notes the Government’s statement that it engages regularly in bilateral and multilateral efforts to deter and prevent the increasing international trafficking in children for labour and sexual exploitation. The Government indicates that it has collaborated with NGOs and taken measures to inform potential victims of the risks posed to them. The Government also indicates that it cooperates with law enforcement agencies of other countries to counteract child prostitution, pornography, the sale of children and sex tourism. The Government further indicates that it supports various deterrent programmes, encouraging partnerships between labour and industry groups as well as NGOS, to end the employment of children in hazardous or abusive conditions.

Article 7(1). Penalties. The Committee previously requested the Government to provide information on the application of the penalties contained in sections 199, 201, 202, 209, 214, 375A, 376, 376B, 377A, 377B of the Penal Code and sections 33, 33A, 33C, 33D of Law No. 5713-1953. The Committee notes the Government’s statement that such information will be compiled in preparation of the Government’s initial report on the Optional Protocol to the Convention on the Rights of the Child on the subject of the sale of children, child prostitution and child pornography (OPSC). The Committee accordingly requests the Government to provide information on the application of the penalties contained in the abovementioned provisions once this information is compiled.

Article 7(2). Effective and time-bound measures. Clause (a). Prevention of the engagement of children in the worst forms of child labour. Access to free basic education. The Committee previously noted the UNESCO information that, while Israel achieved the goal of universal primary enrolment in 2005, the school enrolment rate at the secondary level was 89 per cent for girls and 88 per cent for boys. The Committee also noted the information provided by the Government that approximately 11 per cent of Arab teens and 2 per cent of Jewish teens between the ages of 14 and 17 did not attend schools supervised by the Ministry of Education (MoE). The Government also indicated that twice as many immigrant children drop out of school than non-immigrant children.

The Committee notes the Government’s statement in its report to the CRC of 2010 that the MoE is investing efforts in the promotion of education in Arab localities, to bridge the gaps which currently exist between the Jewish and the Arab populations. The Government indicates that in the 2009–10 school year, 400 new teachers were added to the Arab Educational System, the MoE began operating a programme for the Arab kindergarten and elementary school population to improve these children's fluency in their native tongue, and a five-year plan for the promotion of the education of the Arab population added hundreds of thousands of school hours to schools (CRC/C/ISR/2, paragraph 479). The Government also indicates in its report to the CRC that the MoE launched a five-year plan in 2000 for promoting the education system in the Bedouin population, in order to bridge the gap between the Bedouin population and the Jewish population (CRC/C/ISR/2, paragraph 484). The Government states that there has been a near 70 per cent increase in the number of educational institutions established in Bedouin localities in the Negev since 2001 and that efforts to prevent Bedouin students from dropping out resulted in a decline in the drop-out rate in this community (CRC/C/ISR/2, paragraphs 481 and 486). The Committee also notes the Government’s statement in this report that, despite the development of policies to promote equal opportunity for immigrant children to support their absorption into the school system, this group still experiences higher drop-out rates. The Government indicates that the educational gap is particular significant for Ethiopian immigrants and for certain groups of immigrants from the southern parts of the former Soviet Union (CRC/C/ISR/2, paragraph 146).

The Committee takes due note of the various measures taken by the Government to facilitate access to education among Arab, Bedouin and immigrant populations. The Committee notes the indication in the Government’s report to the CRC that in 2007–08 school year, the attendance rate for children between the ages of 14 and 17 was 85.6 per cent for Jewish children and 77.6 per cent for Arab
children (CRC/C/ISR/2, paragraph 492). The Government also indicates that in the 2008–09 school year, the drop-out rate was 7.5 per cent in grades 7 to 12 among the Bedouin population. The Committee encourages the Government to pursue its efforts to facilitate access to education of Arab, Bedouin and immigrant children. It requests the Government to continue to provide information on the measures taken in this regard, and on the results achieved, particularly with respect to improving school attendance rates and reducing school drop-out rates.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Trafficking in children. The Committee previously noted the Government’s indication that while the trafficking of minors does not constitute a major problem in the country, some victims of trafficking in the country are under 18 years of age. The Committee noted the Government’s indication that a shelter for victims of trafficking, “Maagan” operates under the responsibility and supervision of the Ministry of Social Affairs.

The Committee notes the Government’s statement that the “Maagan” shelter, as well as a shelter named “Atlas” (which also provides services to victims of trafficking), have never housed child victims due to the infrequency of child trafficking in the country. The Committee also notes the information in the Government’s report to the CRC of 2010 that in 2006–07, a 15-year-old victim of trafficking spent eight-and-a-half months in custody, as the child’s removal from the country was prevented due to a lack of diplomatic relations between Israel and the minor’s country of origin. The Government indicates that on 24 January 2007 the Haifa District Court accepted the appeal by the child, and the child was released. The District Court held that, in cases where an illegal resident is a minor who does not speak the language, the Detention Review Tribunal must appoint a Public Defender to provide her/him with legal assistance (CRC/C/ISR/2, paragraph 689). The Committee encourages the Government to pursue its efforts to ensure the appropriate identification of child victims of trafficking, including of minors who are held in custody, and requests it to take the necessary measures to ensure that all such victims under 18 years of age are provided with services for their rehabilitation and social reintegration with child participation.

Clause (d). Identifying and reaching out to children at special risk. Children who have been affected by armed conflict. The Committee previously noted that according to the UN Secretary-General’s report on children and armed conflict of December 2007 (A/62/609-S/2007/757, paragraphs 78–93), [the Israel Defence Forces] “continue to force civilians, often minors, to enter potential zones of conflict before the soldiers in order to clear the area or limit casualties, although the Israeli Supreme Court has ruled that practice to be illegal”. The Committee urged the Government to take measures to eliminate this practice and to provide information on the effective and time-bound measures adopted for the rehabilitation and social integration of the children affected.

The Committee notes the Government’s reference in its report to its obligations under the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict (OPAC), as well as the report it submitted to the CRC in connection with the OPAC. In this regard, the Committee notes that the CRC, in its concluding observations in connection with the OPAC of 4 March 2010, noted the difficulties of the Government in fully implementing the OPAC, and welcomed the Government’s indication that asylum-seeking children who have been recruited or used in armed conflict have been granted refugee status on the basis of having been used as child soldiers in armed conflict (CRC/C/OPAC/ISR/CO/1, paragraphs 5 and 7). However, the Committee notes that the CRC expressed deep concern over the persistent practice whereby Palestinian children are used as human shields and informants for intelligence purposes, including in December 2008 and January 2009 (CRC/C/OPAC/ISR/CO/1, paragraph 24). The CRC also noted the ruling of the Israeli High Court of Justice in Adalah et al. v. Commander of the Central Region et al. (HCJ 3799/02, Judgment of 23 June 2005) (which prohibits the use of local residents by the army), though expressed regret regarding the absence of information on compliance with this Judgment. The CRC further noted that investigations have been initiated into occurrences of the use of children as human shields and informants for intelligence purposes, but expressed concern over delays and the lack of information regarding the outcome of such investigations (CRC/C/OPAC/ISR/CO/1, paragraph 24). In this regard, the Committee also notes the information in the Report of the UN Secretary-General on children and armed conflict, to the UN Security Council of 13 April 2010, that confirmed reports had indicated the use of seven Palestinian children by Israeli soldiers as human shields in three separate incidents during “Operation Cast Lead” (winter 2008–09) (A/64/742/S/2010/181, paragraph 101). The Report of the UN Secretary General also indicates that the office of Israel’s Military Attorney-General is investigating those incidents, although states that the United Nations is unaware of the actual process under way or the outcome of the investigations to date (A/64/742/S/2010/181, paragraph 101). The Committee recalls that pursuant to Article 3(d) of the Convention, the forced or compulsory recruitment of children for use in armed conflict constitutes one of the worst forms of child labour, and accordingly expresses its concern at the apparent persistence of this practice. Noting that this practice is prohibited by law, the Committee requests the Government to redouble its efforts to ensure the elimination in practice of the forced recruitment of children in armed conflict. It urges the Government to take the necessary measures to ensure that persons who forcibly recruit children under 18 years for use in armed conflict are prosecuted and that sufficiently effective and dissuasive penalties are imposed.

Part V of the report form. Application of the Convention in practice. The Committee previously requested the Government to provide statistical information on the application of the Convention in practice. In this regard, the Committee notes the Government’s statement that this information will be compiled in the preparation of its report to the CRC on the OPSC. The Government indicates that it will provide a full answer to the Committee once this report is completed. The Committee trusts that the Government will take the necessary measures to ensure the availability of up-to-date statistical information on the worst forms of child labour in the country, and requests the Government to provide this information with its next report. To the extent possible, all information provided should be disaggregated by sex and age.