Palestinian children return to school, achievements amid ongoing threats

07-09-2022

Amanda Benoy

Middle East Researcher

Global Human Rights Defence

The United Nations Office for the Coordination of Humanitarian Affairs reported that more than 1.3 million Palestinian children returned to school last week. Threats to safe education in Palestinian Territories remain an ongoing concern. In the second half of the 2021-2022 academic year, the United Nations documented 115 human rights violations impacting access to and provision of safe education for Palestinian children, consisting of restrictions to freedom of movement, detentions, threats to security by military officers and settlers on school grounds, and use of tear gas, stun grenades, and rubber bullets. Despite overcrowding requiring sixty-five per cent of schools to offer double shifts, fifty-six demolition orders issued by Israeli authorities remain outstanding for educational facilities in the West Bank.

In the 2004 Advisory Opinion on the Wall, the ICJ affirmed that Israel has human rights obligations to the Palestinian population arising from its exercise of extraterritorial jurisdiction over the Occupied Palestinian Territory. Israel is, thus, responsible for protecting the right to safe education of Palestinian children residing in Occupied Territory. Furthermore, children are to be guaranteed special protections under international human rights law due to their greater vulnerability. It is generally accepted that international human rights law applies concurrently with international humanitarian law. As an Occupying Power, Israel is duty-bound to fulfill the obligations established in the 1907 Hague Regulations, the Fourth Geneva Convention, and customary international law. These obligations include the duty to uphold public order and safety, as well as the duty to facilitate the effective operation of institutions entrusted with the care and education of children.

Despite Israel’s failure to uphold its international obligations, the United Nations Relief and Works Agency for Palestine Refugees (UNRWA) ensures quality education for approximately 550,000 children and youth annually across the region, including the West Bank, Gaza Strip, and East Jerusalem. Since its inception in 1949, UNRWA has delivered education to 2.5 million children. The 711 UNRWA schools are recognized for high rates of academic completion and strong academic achievement. Moreover, gender parity in education was achieved by the UNRWA in the 1960s. Although Israel continues to neglect its duty to protect the right to safe education in the Occupied Palestinian Territory, ongoing support for the UNRWA by UN member States has safeguarded education for 2.5 million children affected by the occupation and enabled positive academic outcomes in a context characterized by significant challenges. Even while addressing the ongoing threats, we should not lose sight of the achievements.

Sources and further reading:

1.3 million Palestinian children face risks as they go back to school. (2022, August 29). United Nations Office for the Coordination of Humanitarian Affairs. https://www.ochaopt.org/content/

13-million-palestinian-children-face-risks-they-go-back-school

Geneva Convention Relative to the Protection of Civilian Persons in Time of War (IV), 75 UNTS 287 (1949).

Hague Convention (IV) Respecting the Laws and Customs of War on Land and its Annex: Regulations Concerning the Laws and Customs of War on Land, (1907).

ICJ, Advisory Opinion Concerning Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, (2004).

UNRWA announces education expert advisory group, global experte support UN agency to continue providing quality education to Palestine refugee students. (2022, June 2). Reliefweb. https://reliefweb.int/report/occupied-palestinian-territory/unrwa-announces-education-expert-advisory-group-global-experts-support-un-agency-continue-providing-quality-education-palestine-refugee-students-enar