Nov. 20 marks the 34th anniversary of the adoption of the "Convention on the Rights of the Child" in 1989. Designated as "World Children's Day" by the United Nations, this day aims to protect children's access to their fundamental rights.
A total of 196 countries, including Palestine and Israel, are signatory parties of the agreement, but not the United States, and in this respect, it is the human rights document approved by the largest number of countries. Although international law gives us the idea that the protection of children's rights is a rights-based approach commonly accepted by states, it is unfortunately obvious that the reality does not match this.
Today, while the anniversary is being celebrated in Geneva and New York, Palestinian children living in Gaza are deprived of access to their most basic rights. Just because they were born in Palestine, children's right to life is violated by the Israeli administration, including war crimes.
The convention stipulates that the party states must comply with the obligations to implement these rights. While it explains a number of rights granted to children, there are four basic principles: Article 2 of the convention states that party states must comply with the principle of "non-discrimination." This principle is followed by the principles of "best interest of the child" in Article 3, "right to life" in Article 6 and "right to participation" in Article 12.
Today, according to U.N. data, one-third of the world is in war or conflict. These crises affect innocent children the most. Every individual who acts for the common good of humanity has focused on the children murdered under the blockade in Gaza since Oct. 7. Since then, more than 4,600 children have been killed. Killed children are not just numbers. Three-year-old Muhammed, 6-year-old Amber and 8-year-old Mariam are no longer alive. Thousands of people like Amber will never be able to go to school or go to the park and play again.
To date, more than 9,000 children living under the Israeli blockade in Gaza have been injured in attacks. Since there is no access to electricity, water and medical supplies, the lives of injured children are in danger and newborn babies face a great risk. According to the statement of the Palestinian Ministry of Health, some newborn babies needed special care at Al-Shifa Hospital and died. It is believed that many children are lost and buried under the rubble of buildings and houses collapsed by missiles.
With the disproportionate violence it inflicts on Gaza, Israel takes away the most fundamental rights of children, who are technically deprived of self-defense and the right to life. In an environment where the right to life is violated, it is not possible to legally guarantee other fundamental rights and freedoms. Israel's acts and actions are far from the norms of the rule of law and act like a non-state structure.
Israel not only fails to abstain from committing war crimes but also neglects to fulfill the obligations outlined in the agreement to which it is a party. For example, if we want to talk about children's health rights, we are faced with a reality where we cannot even talk about access to basic health services. Because the people of Gaza endure a disproportionate violence mechanism that perpetrates war crimes, exemplified by the bombing of hospitals.
The convention's preamble underscores that state parties are obligated to act “without discrimination of any kind, including distinctions arising from race, color, sex, language, religion, political or other opinions, national or social origin, property, birth or another status." This article alone violates the obligations imposed on Israel as a signatory to the "Convention on the Rights of the Child."
While it’s improbable that addressing access to other rights will be prioritized in a region where the right to life is legally violated, Israel’s illegal sanctions infringe upon the rights of not only children in Gaza but also Palestinian children in the West Bank. Children who directly witness Israel's state violence cannot access their rights, such as shelter, education, health and the right to be together with their families, which are guaranteed in the said convention.
Apart from the violence and massacre that should be defined as genocide in Gaza in the last two months, when we evaluate Israel's attitude toward Palestinian children from the beginning of the occupation until today, I observe as a lawyer that the human rights violations imposed on children have turned into a state policy by Israel.
Thousands of Palestinian children's right to shelter is violated due to the apartheid policy that Israel systematically imposes on Palestinians. By disregarding the right to private property, Israel's settlers ignore the rights of innocent children. Their families in Palestine have to cope with difficulties such as displacement, migration and economic difficulties. This situation seriously threatens children's right to be with their families.
Education is the most fundamental right of every child. However, children in Palestine are deprived of their right to education due to infrastructure problems, security threats and economic difficulties caused by the conflict. Attacks on schools make it even more difficult for children to access a safe learning environment.
Although the Israeli administration violates not only the convention but also all basic texts of human rights, it does not face any legal sanctions.
Human rights emerged to end violations and have evolved. Two main approaches stand out to achieve this goal. First, a country may try to prevent violations through measures taken within its domestic law or through rights and powers granted to individuals. Secondly, a comprehensive effort, precautions, pressure, etc. through international actors may be made. It is possible to end the violations. However, it should be noted that neither of these methods has been effectively applied against Israel, despite the fact that Israel continues to violate children's rights as a state policy.
Upholding children’s rights is fundamental to establishing a sustainable peace and all parties need to prioritize the safety and well-being of children to build a just future. However, Israel does not refrain from turning state violence into a war by not even respecting the right to life of children. While all this is happening, the U.N. cannot protect the rights of children with its controversial mechanism that can do no more than condemn actions. While the ongoing humanitarian crisis raises doubts about the effectiveness of the U.N. structure, President Recep Tayyip Erdoğan's statement, "The world is bigger than five," also supports the validity of these doubts.
