The Crisis in Gaza Elevates: Concerns Regarding Violations of Children’s Rights

14-10-2023

Mariana Mayor Lima

Human Rights and Middle East Researcher,

Global Human Rights Defence.

The recent declaration of war in Gaza has raised widespread concerns regarding violations of human rights in the region, especially children’s rights. According to the Palestinian Central Bureau of Statistics (“the PCBS”), the number of children in Palestine represents about 44% of the total population and 47% of the population in the Gaza Strip. [1] This percentage has always been concerning in this region due to its consistent instability, however, the worry for children is intensifying at this moment, as the situation has demonstrated to be profoundly harmful, with a lack of commitment to ensuring the human rights of civilians.

On Saturday, 7 October 2023, there was an escalation in hostilities resulting from the attack by the militant group Hamas, which resulted in the death of more than 1,300 Israeli civilians and soldiers, [3] and the official declaration of a state of war by Israel. [4] During this week of conflict, it included airstrikes and a total blockade imposed by Israel. According to the information provided on 17 October of 2023 by Al Jazeera, since the beginning of the conflict,  2,808 Palestinians, including 702 children, have been killed. [5] Based on the Defense for Children International (“the DCI”) information, since 2005, the six major military conflicts in Gaza have resulted in the death of 1,000 Palestinian children. [6] In just one week of the current conflict, the number of child victims has already reached half of this count, which highlights the severe violations of children's rights that are occurring right now, specifically the right to be safe from violence, as outlined in the Convention on the Rights of the Child (“the CRC”). [7]

It is important to emphasise that both the State of Palestine and Israel, are Parties to the CRC, as Palestine ratified it in 2014 and Israel in 1992. [8] Consequently, both territories have obligations under the CRC to ensure and protect the rights of children. The total blockade of the already besieged Gaza Strip, imposed under the auspices of Israeli Defense Minister Yoav Gallant, deepened the crisis and consequently the children’s rights violations in the conflict. This blockade has resulted in Gaza being deprived of fuel, food, and water leaving residents in threatening need, violating Article 27 of the Fourth Geneva Convention, which protects civilians during occupation and armed conflicts. [9] 

According to the deputy head of emergencies at the United Nations World Food Programme (“the WFP”), Brian Lander, resulting from the total blockade imposed by Israel, food and water are in limited supply and quickly running out. Hospitals and citizens depend on generators for power due to fuel shortages, and access to water is jeopardised by power cuts. [10] Therefore, the situation is resulting in a higher rate of food insecurity, violating children’s right to an adequate standard of living as per Article 27 of the Convention on the Rights of the Child, and also damaging water and sanitation facilities, making children suffer from various diseases protected by article 24 of the same Convention. [11] 

The conflict has additionally taken a toll on the safety and education of children. Currently, schools are being used as shelters, but they are no longer considered secure even for this essential purpose. More than 73,000 Palestinians have sought refuge in 64 schools run by the United Nations Relief and Works Agency for Palestinian Refugees in the Near East (“the UNRWA”), however, at least four of them have already suffered damage due to Israeli bombings. [12] This fact also has an impact on children's access to education, as described in Article 28 of the Convention on the Rights of the Child. [13] Brian Laider emphasized: “We have seen several sites that are considered humanitarian, or clinics and schools that have been hit by the attacks. Therefore, we again call on the parties to the conflict to comply with their obligations under international humanitarian law.” [14]

At this moment of time, the international community must act urgently to ensure accountability and protect the rights of children, upholding the principles of international law and the effectiveness of the Fourth Geneva Convention and the Convention on the Rights of the Child.

Sources and further readings:

[1] Palestine News & Info Agency, ‘PCBS: Almost half of the Palestinian society are children’ (4 April 2023), <https://english.wafa.ps/Pages/Details/135182> accessed 13 October 2023.

[3] Reuters, ‘Gaza Strip: devastated by conflict and Israel's economic blockade’ (12 October 2023), <https://www.reuters.com/world/middle-east/gaza-strip-devastated-by-conflict-economic-blockade-2023-10-12/> accessed 13 October 2023. 

[4] CNN, ‘Israel is at war with Hamas. Here’s what to know’ (13 October 2023), <https://edition.cnn.com/2023/10/09/middleeast/israel-hamas-gaza-war-explained-mime-intl/index.html> accessed 13 October 2023.

[5] Al Jazeera, ‘‘Every second in danger’: Gaza journalists race against deadlines and death’ (17 October 2023) <https://www.aljazeera.com/news/2023/10/17/every-second-in-danger-gaza-journalists-race-against-deadlines-and-death> accessed: 17 October 2023.

[6] Al Jazeera, ‘How are Palestinian children affected by the Israel-Hamas war?’ (11 October 2023), <https://www.aljazeera.com/news/2023/10/11/how-are-children-in-gaza-affected-by-the-israel-hamas-war> accessed 13 October 2023.

[7] United Nations, ‘Convention on the Rights of the Child’ (20 November 1989), <https://www.ohchr.org/en/instruments-mechanisms/instruments/convention-rights-child> accessed 13 October 2023.

[8] United Nations Human Rights Office of The High Commissioner, ‘Ratification of 18 International Human Rights Treaties’, < https://indicators.ohchr.org/> accessed 13 October 2023.

[9] Geneva Convention Relative to the Protection of Civilian Persons in Time of War. (1949). <https://www.un.org/en/genocideprevention/documents/atrocity-crimes/Doc.33_GC-IV-EN.pdf> accessed 13 October 2023.

[10] Reuters, ‘UN agency warns food, fresh water rapidly running out in Gaza’ (12 October 2023), <https://www.reuters.com/world/middle-east/un-agency-warns-food-fresh-water-rapidly-running-out-gaza-2023-10-12/> accessed 13 October 2023.

[11]  United Nations, ‘Convention on the Rights of the Child’ (20 November 1989), <https://www.ohchr.org/en/instruments-mechanisms/instruments/convention-rights-child> accessed 13 October 2023.

[12] Al Jazeera, ‘Why bomb schools?’ Gaza families have no safe space amid Israeli attacks’ (10 October 2023), <https://www.aljazeera.com/features/2023/10/10/why-bomb-schools-gaza-families-have-no-safe-space-amid-israeli-attacks> accessed 13 October 2023.

[13]  United Nations, ‘Convention on the Rights of the Child’ (20 November 1989), <https://www.ohchr.org/en/instruments-mechanisms/instruments/convention-rights-child> accessed 13 October 2023.

[14] Supra note 10.