Worst Forms of Child Labour Convention, 1999 (No. 182) - Israel (Ratification: 2005)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Application of the Convention in practice. Following its previous comments, the Committee notes from the Government’s report that in 2021, 33 investigations were carried out, and four indictments and two convictions were secured under the Penal Code concerning offences related to exploiting minors for prostitution and child pornography. The Committee also takes note of the Government’s information in its report under the Forced Labour Convention, 1930 (No. 29) that a new law banning prostitution and which provides for increased penalties for the offences related to the purchase of sexual services from minors has been enacted in 2019.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or similar practices. Forced recruitment of children for use in armed conflict. In its previous comments, the Committee noted from the 2015 Report of the Secretary-General on Children and Armed Conflict that Palestinian and Israeli children continued to be affected by the prevailing situation of military occupation, conflict and closure with at least 561 children who were killed and 4,271 children injured. It also noted the concerns raised by the Committee on the Rights of the Child (CRC), in its concluding observations of July 2013 in connection to the follow up to the Optional Protocol on the involvement of children in armed conflict, about the continuous use of Palestinian children as human shields and informants by Israeli military forces and that almost all of those who used children as human shields have remained unpunished. Furthermore, the CRC expressed concern that Israeli soldiers have used Palestinian children to enter potentially dangerous buildings ahead of them or to stand in front of military vehicles in order to stop the throwing of stones against those vehicles (CRC/C/ISR/CO/2-4, paragraph 71). The Committee urged the Government to take immediate measures to put a stop, in practice, to the use of children under 18 years of age in armed conflict and to take immediate and effective measures to ensure that thorough investigations and robust prosecutions of all persons, including members in the regular armed forces, who use children under 18 years of age in armed conflict, are carried out and that sufficiently effective and dissuasive penalties are imposed in practice.

The Committee notes the Government’s indication that it is regularly engaging with the Office of the Secretary-General as well as with other UN bodies to address the issues raised in its Report of 2015 and by the CRC. The Committee notes from the UNICEF Annual Bulletin 2016 on Children and Armed Conflict that there were no documented cases of recruitment and use of children in the Occupied Palestinian Territory. Moreover, the Committee notes that the Report of the Secretary General on Children and Armed Conflict, 16 May 2018, and the Report of the Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967, 14 June 2018, do not mention any instances of using or recruiting of children for armed conflict.

Application of the Convention in practice. Following its previous comments, the Committee notes from the Government’s report the excerpts of the findings of the national survey on prostitution conducted by the Ministries of Social Affairs and Public Security. The Committee notes that, according to this information, 1,260 minors were found to be active in prostitution or at risk of being involved in prostitution. The Committee requests the Government to provide information on any investigations, prosecutions, convictions and penalties applied under section 199 (procuring a prostitute), section 201 (inducing another to perform an act of prostitution with another) and section 202 (inducing another to engage in prostitution) of the Penal Code, in relation to children under 18 years of age.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 3 of the Convention. Worst forms of child labour. Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. Following its previous comments, the Committee notes the Government’s information that the Dangerous Drugs Ordinance 5733-1973 makes it an offence to: manufacture, prepare or produce drugs (section 6); export, import or supply drugs (section 13); induce a minor to use dangerous drugs (section 21); and instigate a minor to obtain or use a dangerous drug (section 21(a)(3)). The Government indicates that although there is no specific mention of a minor in relation to the manufacture of drugs, this constitutes a criminal offence in the State of Israel. The Government further states that to date there have been no recorded cases relating to the production and trafficking of drugs by minors.

Article 7(1). Penalties. Following its previous comments, the Committee notes the detailed information provided by the Government with regard to the prosecutions and convictions made during 2012–15 for the offences related to the sale and trafficking of children, child prostitution and child pornography. According to this data, 70 cases related to child prostitution were initiated, (involving 18 males and 51 females between the ages of 10 and 17), and in some cases the perpetrators were sentenced to imprisonment ranging from five months to five years, in addition to fines and compensation to victims, while some cases are still pending in the courts. With regard to cases related to child pornography, 341 cases were initiated (involving 53 males and 257 females between the ages of 6 and 17). Court sentences of imprisonment ranging from six months to nine years, in addition to conditional imprisonment and fines were imposed on those convicted. As regards offences related to trafficking of children, in 2013, a person who was charged with multiple offences related to trafficking of a minor for sexual exploitation was convicted and sentenced to 16 years of imprisonment with a fine of 100,000 Israeli Shekels (ILS) (US$25,000). The Committee also notes that a case is currently pending against an Israeli citizen charged for the offences related to trafficking of teenage boys from Israel and abroad for sexual exploitation.

Article 7(2). Effective and time-bound measures. 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. Following its previous comments, the Committee notes the Government’s reference to the Inter-Government Protocol for identifying victims of trafficking which contains a procedure including a comprehensive list of indicators for recognizing victims of trafficking. According to this Protocol, once a victim is identified, every government official is obliged to inform the police. The Government report also indicates that numerous trainings on the Protocol have been conducted for all relevant governmental staff and officials, including the Israeli Prison Service, relevant airport staff, hospital staff and the Immigration Authority. The Committee also notes from the Government’s initial report of 2012 concerning the implementation of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography that there exist two Government-funded shelters, Atlas and Ma’agan shelters created specifically for victims of trafficking which house male and female victims separately. This report also indicates that though these shelters do not house child victims of trafficking, they constitute a well-founded platform for establishing shelters for children if the need were to arise. In this regard, the Committee notes the Government’s information that from 2012 to 2014, there were approximately 15 minor girls who were trafficked from the Egyptian border for the purpose of prostitution. Some of these girls were initially held in detention facilities and then referred to boarding schools run by the Ministry of Education, while approximately nine girls were housed in shelters for victims of trafficking.

Application of the Convention in practice. The Committee notes from the Government’s report that the Ministry of Social Affairs and Social Services and the Ministry of Public Security will be conducting a national survey regarding prostitution in Israel with the goal of assessing the extent of the phenomenon and establishing an estimation of the number of minors that are engaged in prostitution. The Committee requests the Government to provide a copy of the proposed national survey regarding prostitution, once it has been completed.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or similar practices. Forced recruitment of children for use in armed conflict. In its previous comments, the Committee urged the Government to strengthen its efforts to ensure the elimination in practice of the use of children in armed conflict. It also requested the Government to take the necessary measures to ensure that thorough investigations and prosecutions are carried out and sufficiently effective and dissuasive penalties are imposed on persons who use children under the age of 18 years for armed conflict.

The Committee notes the absence of information in the Government’s report on this point. The Committee notes from the Report of the Secretary-General on Children and Armed Conflict, June 2015 (Report of the Secretary-General, 2015) that Palestinian and Israeli children continued to be affected by the prevailing situation of military occupation, conflict and closure. The ensuing violence had led to a dramatic increase in the number of children killed and injured with at least 561 children who were killed and 4,271 children injured. The Committee also notes that the Committee on the Rights of the Child (CRC), in its concluding observations of July 2013 in connection to the follow up to the Optional Protocol on the involvement of children in armed conflict, expressed deep concern about the continuous use of Palestinian children as human shields and informants (14 such cases reported from 2010 to March 2013) by Israeli military forces and that almost all of those who used children as human shields have remained unpunished. The CRC further noted with deep concern that the Israeli soldiers have used Palestinian children to enter potentially dangerous buildings ahead of them or to stand in front of military vehicles in order to stop the throwing of stones against those vehicles (CRC/C/ISR/CO/2-4, paragraph 71). The Committee expresses its concern at the current situation of children affected by armed conflict. It recalls that, under Article 3(a) of the Convention, the forced or compulsory recruitment of children under 18 years of age for use in armed conflict is considered to be one of the worst forms of child labour and that, under Article 1 of the Convention, member States must take immediate and effective measures to secure the elimination of the worst forms of child labour as a matter of urgency. The Committee, therefore, strongly urges the Government to take immediate measures to put a stop, in practice, to the use of children under 18 years of age in armed conflict. It also urges the Government to take immediate and effective measures to ensure that thorough investigations and robust prosecutions of all persons, including members in the regular armed forces, who use children under 18 years of age in armed conflict, are carried out and that sufficiently effective and dissuasive penalties are imposed in practice. It requests the Government to provide information on the number of investigations conducted, prosecutions brought and convictions handed down against such persons.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 3 of the Convention. Worst forms of child labour. 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 existing provisions, besides prohibiting giving dangerous drugs to a minor or allowing a minor to obtain drugs, did not address the use of a minor for the purpose of manufacturing or trafficking of drugs. The Committee also noted the statistical information provided by the Government on the number of minors convicted of drug-related offences. Yet this data did not indicate if these offences involved the use of these minors by adults. The Committee accordingly requested the Government to take the necessary measures to ensure the explicit prohibition of this worst form of child labour in legislation. The Committee notes that the Government’s report provides no information on this point and recalls 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. The Committee is therefore bound to reiterate its request to the Government to take the necessary measures to explicitly prohibit in national legislation the use, procuring or offering of any child under 18 for illicit activities and to provide information on the steps undertaken in this regard in its next report.

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 and 33D of Law No. 5713-1953. The Committee notes the Government’s information in its report on the case law relating to child prostitution and child pornography ranging from December 2008 to March 2012, concerning sections 199, 201, 203 and 214 of the Penal Code and providing detailed information on the penalties imposed. The Committee requests the Government to indicate whether the absence of information in its report on the application of sections 375A, 376, 376B, 377A, 377B of the Penal Code relating to the sale of children means that there have been no cases between 2008 and 2012 on the trafficking of children. Likewise, the Committee requests the Government to clarify whether there have been any cases relating to sections 33, 33A, 33C and 33D of Law No. 5713-1953. The Committee requests the Government to provide a complete overview 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, along with its next report.

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 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 noted the various measures taken by the Government to facilitate access to education among Arab, Bedouin and immigrant populations and requested the Government to continue to provide information on the measures taken to facilitate access to education of Arab, Bedouin and immigrant children and on the results achieved, particularly with respect to improving school attendance rates and reducing school drop-out rates.

The Committee notes the impact of the Five-Year Plan for Education in Druze and Circassian Populations (2006–10), which through a variety of measures resulted in the increase in the number of Druze students. The Committee notes that this year the Government formulated an additional multi-year programme for 2011–14 aimed at continuing and deepening the existing programmes with an allocated budget of 124 million Israeli Shekel (ILS) over 4 years (approximately US$35 million). The Committee furthermore notes the Five-Year Plan for Education in the Bedouin Population in the North (2006–11) with a budget of ILS22 million (approximately US$5.95 million) which has resulted in improved levels of education across disciplines according to national testing. The Committee also noted the actions undertaken to address the classroom shortage among the Arab population and the statistical information regarding educational infrastructure built, which has decreased the drop-out rate especially among girls. According to the report by the Israeli Knesset’s Centre for Research of June 2011, the drop-out rate has significantly declined over the past two years. The Committee notes with interest the measures undertaken by the Educational and Social Services Department of the Ministry of Education to decrease the gap between drop-out rates between Arab Israeli population compared to those in the Jewish population, notably in terms of personal, family and learning assistance programmes, assistance hours and supplementary classes to close learning gaps, and the strengthening of visitation officers who ensure compliance with Israeli’s Compulsory Education Law and return drop outs to the education system. The Committee notes that the percentage of drop outs in Arab education has declined from 8 per cent in 2008 to 7.6 per cent in 2010 and in the Jewish education this figure declined from 3.1 per cent in 2008 to 2.2 per cent in 2011.

The Committee furthermore takes due note of the range of efforts undertaken by the Ministry of Education to integrate new immigrants into the education system which include the provision of additional and specialized classes, the addition of weekly teaching hours, the availability of matriculation examinations in immigrants’ native languages and the offering of special seminars and summer sessions. The Ministry of Education and Immigrant Absorption finances school supplies, educational activities, remedial teaching hours and tutorial assistance. The Committee also notes a special programme set up to prevent drop outs from lower secondary education among the Ethiopian community and the measures taken to support and promote Ethiopian pupils. The Committee finally notes the Government’s statement that all children of asylum seekers and foreign workers have access to education services and receive formal education.

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 in this regard the case of a child victim of trafficking who spent eight-and-a-half months in custody due to a lack of diplomatic relations between Israel and the minor’s country of origin. The Committee requested 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 requested 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.

The Committee takes note of the detailed reply by the Government in this respect. It observes that the procedures for identifying victims of trafficking are carried out according to guidelines consistent with internationally recognized standards, which are widely circulated among the relevant government bodies which when faced with a situation of a victim of trafficking are to provide care and protection and open a trafficking investigation. Identification of victims is strengthened through training provided by the National Anti-Trafficking Unit and the collaboration with NGOs operating in direct contact with vulnerable populations. The Committee also notes the recent adoption by the Israeli prison service of a procedure to ensure a uniform and streamlined method of identifying signals raising suspicion of trafficking and slavery and relaying them to the police and legal aid branch. The Government indicates that victims of trafficking are entitled to shelter, free legal aid and the ability to work. The National Anti-Trafficking Unit provided anti-trafficking training tailored to specific audiences such as judges of the detention review tribunal, social workers of placement agencies, NGOs, labour inspectors, legal aid branch, Israeli police, consular staff of the Ministry of Foreign Affairs, staff of the national labour court, the Israeli prison service and officials of the Ministry of Justice, the Ministry of the Interior and Ministry of Health. While observing that the information provided by the Government relates to the identification of victims of trafficking generally, the Committee requests the Government in its next report to provide information on the identification of child victims of trafficking, including of minors who are held in custody. It also requests the Government to take the necessary measures to ensure that all victims under 18 years of age are provided with services for their rehabilitation and social reintegration and to provide information in its next report of the measures undertaken in this regard.

Clause (d). Identifying and reaching out to children at special risk. Children who have been affected by armed conflict. The Committee previously noted that the UN Secretary-General’s report on children and armed conflict of December 2007 and the concluding observations of the Committee on the Rights of the Child (CRC) in connection with the Optional Protocol on Children in Armed Conflict (OPAC) of March 2010, expressed concern over the persistent practice whereby Palestinian children are used as human shields and informants for intelligence purposes. The Committee noted that investigations had been initiated into these occurrences and the lack of information regarding the outcome of such investigations. The Committee recalled that pursuant to Article 3(a) 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 urged 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.

The Committee notes the Government’s indications in its report that the prohibition of drafting a child under 18 years of age to perform a combat action is anchored in military instructions and directives. In this regard, a person of authority in the Israeli defence forces is subject to disciplinary prosecution for one or more of the following offences; sections 68 (exceeding one’s authority), 72 (exceeding one’s authority to the extent of endangering life or health), 124 (negligence in performing one’s duty) and 133 (failure to comply with mandatory military instructions) of the Military Justice Law No. 5715-1955. Yet, the Committee observes that the report provided by the Government does not provide information on the penalties imposed for these offences. The Committee furthermore notes the Secretary-General’s report on children and armed conflict of 26 April 2012 which reported five separate cases of use of children by the Israeli security forces for military intelligence purpose in 2011 (A/66/782-S/2012/261, paragraph 89). The Committee notes with concern that there are still cases of Palestinian children used as informants for intelligence purposes.

The Committee once again urges the Government to redouble its efforts to ensure the elimination in practice of the forced recruitment of children in armed conflict. It also requests the Government to take the necessary measures to ensure that thorough investigations and robust prosecutions of offenders are carried out and sufficiently effective and dissuasive penalties are imposed in practice for the offences related to the use of children in armed conflict. It requests the Government to supply information in this regard.

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 noted the Government’s statement that the Government would provide a full answer to the Committee once the compilation of information for its report to the CRC on the OPSC would be completed. Noting that the Government’s report contains no information on this point, the Committee reiterates its request to the Government to 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 again 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.

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.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee takes note of the Government’s first report and draws its attention to the following points.

Article 3 of the Convention. Worst forms of child labour. Clause (a). 1. All forms of slavery or practices similar to slavery. The Committee notes that section 375A(a) of the Penal Law 5737–1977 (Penal Law) amended by the Prohibition of Trafficking in Persons (Legislative Amendments) Law, 5766–2006 (Prohibition of Trafficking in Persons Law) makes it an offence for anyone to hold a person under conditions of slavery for the purposes of work or services, including sex services. By virtue of section 375A(b), if the offence is committed against a minor, the penalty is higher. The Committee observes that the Penal Law does not define the term “minor”. It therefore requests the Government to clarify the meaning of the term “minor” as employed in this Law, given that the Convention defines “child” in Article 2 to mean a person under the age of 18.

2. Sale and trafficking of children. The Committee notes that section 376B(a) of the Penal Law, amended by the Prohibition of Trafficking in Persons Law, makes it an offence for anyone to cause another person to leave the State in which they live for the purpose of engaging the person in prostitution or to hold that person under conditions of slavery. Section 376B(b) provides for a higher penalty where the offence is committed against a minor. The Committee furthermore notes that section 377A(a) of the Penal Law, amended by the Prohibition of Trafficking in Persons Law, makes it an offence for “anyone to carry on a transaction in a person for one of the following purposes” or in so acting to place the person in danger of one of the following: (i) subjecting the person to slavery; (ii) subjecting the person to forced labour; (iii) instigating the person to commit an act of prostitution; (iv) instigating the person to take part in an obscene publication or obscene display; (v) committing a sexual offence against the person. By virtue of section 377A(b), if the offence is committed against a minor, the penalty is higher. According to section 377A(d) of the Penal Law, “transaction in a person” means selling or buying a person or carrying out another transaction in a person, whether or not for consideration.

3. Forced or compulsory labour. The Committee notes that section 376 of the Penal Law, as amended by the Prohibition of Trafficking in Persons Law, makes it an offence for anyone who unlawfully forces a person to work, by using force or other means of pressure or by threat of one of these, or by consent elicited by means of fraud, whether or not for consideration.

4. Forced recruitment of children for use in armed conflict. The Committee notes the information provided by the Government that the 1986 Defence Service Law, 5746-1986, was amended in 2004 to restrict compulsory recruitment to people over the age of 18. In this regard, the Committee notes that, according to the declaration formulated by the Government in its initial report on the Optional Protocol to the United Nations Convention on the Rights of Child on the Involvement of Children in Armed Conflict to the Committee on the Rights of the Child, section 14 of the defence service law (consolidated version), 5746-1986, states that the minimum age in which the State of Israel permits voluntary recruitment into its armed forces is 17 years of age, after reliable proof of age is provided. In order to ensure that such recruitment is not forced or coerced the Government maintains the following safeguards: (1) the written consent of both the minor and the parents or legal guardian; (2) provision of a clear explanation of the nature of the duties involved in military service to the minor and the parents, which in no case will involve being posted to combat duty; and (3) reliable proof of age provided by the Ministry of Interior’s official national population registry. Moreover, the Government states that persons under 18 years of age, who enlist in one of these ways, may in no case be posted to combat duty. The Committee requests the Government to provide a copy of the Defence Service Law No. 5746–1986 as amended in 2004.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee notes that sections 199, 201, 202 and 209 of the Penal Law are related to prostitution, in particular to the procurement, the instigation and the solicitation of a woman to this end. Under the terms of section 199(a)(2) of the Penal Law, when the woman in respect of whom the offence is committed is under 18 years of age or is the daughter or stepdaughter of the offender or where they are her guardian, the offender is liable to stiffer penalties. The Committee observes that the Penal Law contains several provisions prohibiting the commercial sexual exploitation of women but does not appear to prohibit the commercial sexual exploitation of men. In this respect, the Committee recalls that Article 3(b) of the Convention requires the prohibition of the use, procuring or offering of both girls and boys under the age of 18 years for prostitution. It requests the Government to take immediate and effective measures to give effect to the Convention on this point and to adopt appropriate penalties. Furthermore, the Committee requests the Government to provide a copy of the Penal Law 5737‑1977, together with its latest amendments.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes that according to information available on Interpol’s web site, the Penal Law makes it an offence for a person to use a minor for advertising an obscene matter or act. Parents or a guardian committing the same offence are liable to stiffer penalties. Moreover, it notes that section 214(a) of the Penal Law makes it an offence for a person who does one of the following: (1) sells, possesses, prints or otherwise reproduces any obscene matter for sale, hire or distribution; (2) exposes to view in a public place, or distributes for exhibition in a public place, any obscene matter; (3) carries on or takes part in any business for the sale, publication or exhibition of any obscene matter; (4) advertises or makes publicly known by any other means that a person is engaged in the sale, printing, reproduction, exhibition or distribution of any obscene matter or that any obscene matter can be directly or indirectly procured from any person. Apart from the use of children in advertising, the Penal Law does not appear to prohibit the use, procuring or offering of a child in the production or distribution of pornography or participation in pornographic performances. The Committee requests the Government to indicate whether there is such a legal prohibition. If not, the Committee requests the Government to introduce such a prohibition, as a matter of urgency.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee notes the Government’s indication that this worst form of child labour is illegal and that the law enforcement authorities are entrusted with the responsibility for taking measures to secure the prohibition and elimination of these worst forms of child labour. It observes that the Government does not mention the legal provisions prohibiting this worst form of child labour. The Committee requests the Government to indicate whether the national legislation contains provisions prohibiting and penalizing the use, procuring or offering of a child under the age of 18 years for illicit activities, in particular for the production and trafficking of drugs, and in the affirmative, to provide a copy of the legislation.

Article 3(d) and Article 4, paragraph 1. Hazardous work and determination of these types of work. The Committee notes that under the terms of article 7 of Youth Labour Law, 5713–1953 (Law No. 5713–1953), the Minister of Labour and Social Welfare may, by means of regulations, prescribe that a juvenile – a person under the age of 18 years – who has not yet attained a certain age shall not be employed in work that, in the opinion of the Minister, is likely to prejudice the health, well-being or physical, educational, spiritual or moral development of the juvenile. It also notes that, according to section 6 of Law No. 5713–1953 the types of hazardous work are determined by national legislation. Moreover, the Committee notes that the Addendum of the Youth Employment Regulations (Prohibited Employment and Restricted Employment) No. 5756–1995 establishes a list of hazardous work activities and conditions of work. Finally, the Committee notes that other laws restrict hazardous activities, such as the Work Safety Ordinance (New Version) No. 5730-1970, the Apprenticeship Law No. 5713‑1953 and the Youth Employment Regulations (Employment of a Child in a Performance or Advertisement) No. 5759-1999.

Article 6. Programmes of action. The Committee notes that, in its concluding observations in October 2002, the Committee on the Rights of the Child (CRC/C/15/Add. 195, paragraphs 60 and 61) had noted the establishment of an inter-ministerial and inter-organizational committee to combat the commercial sexual exploitation of minors, its activities, and the involvement of non-governmental organizations in this area. However, the Committee on the Rights of the Child had expressed its concern that these and other efforts have so far had a limited impact and had recommended that Israel take all the necessary measures to increase the effectiveness of these efforts to address the commercial sexual exploitation of minors. The Committee notes the Government’s indication that the problem of the worst forms of child labour in Israel is “marginal”. However, the Committee reminds the Government that even where the worst forms of child labour appear to be non-existent, the Convention requires the ratifying member States to take measures to ensure that such forms of child labour do not arise in the future. The Committee therefore requests the Government to provide information on the measures taken to develop programmes of action to prevent the worst forms of child labour, in particular as regards the commercial sexual exploitation of children, in consultation with workers’ and employers’ organizations and taking into account the views of other concerned groups.

Article 7, paragraph 1. Penalties. The Committee notes that sections 199, 201, 202, 209, 214, 375A, 376, 376B, 377A, 377B of the Penal Law establish effective and dissuasive penalties for the breach of provisions prohibiting: all forms of slavery; the sale and trafficking of children; forced or compulsory labour; and the use, procuring or offering of a woman for prostitution. The Committee also notes that Law No. 5713-1953 provides for penalties. Firstly, by virtue of sections 33 and 33A, imprisonment might be imposed in case of employing a juvenile in dangerous activities and employing juveniles in contravention of certain conditions imposed by Law No. 5713-1953, such as hours of work or mandatory medical examinations, among others. Moreover, sections 33C and 33D establish fines for the violation of other child labour-related rules. The Committee requests the Government to provide information on the application of these penalties in practice.

Article 7, paragraph 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 takes due note that, according to the 2008 Education for All UNESCO Report entitled “Education for All by 2015 – Will we make it?” (2008 EFA UNESCO Report), Israel achieved the universal primary enrolment goal in 2005, as well as the gender parity goal in both primary and secondary education levels. However, the Committee notes that according to data from the UNESCO Institute for Statistics of 2006, the school enrolment rate at the secondary level is 89 per cent for girls and 88 per cent for boys. Moreover, the Committee notes 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 do not attend schools supervised by the Ministry of Education. The Government also indicates that twice as many immigrant children drop out of school than non-immigrants. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee encourages the Government to pursue its efforts to improve the operation of the education system, particularly by increasing the school enrolment rate and lowering the school drop-out rate at the secondary school level, especially among Arabs teens and immigrant children. It requests the Government to provide information on the results attained.

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. In its report, the Government indicates that trafficking in minors does not constitute a major problem in Israel. However, it also indicates that in some cases, victims are under the age of 18 years. The Committee takes due note of the information provided by the Government that “Maagan”, the shelter for victims of trafficking was opened in February 2004 and operates under the responsibility and supervision of the Ministry of Social Affairs. The shelter’s aim is to help women cope with their trauma. To that end, the shelter is guarded 24 hours a day and maintains a direct contact with the local police station. The Committee requests the Government to provide information on the effective and time-bound measures adopted to provide the necessary and appropriate direct assistance for the removal of child victims of trafficking as well as on the results achieved. It also asks the Government to provide information on the measures taken by the “Maagan” shelter, and possibly others, to ensure the rehabilitation and social integration of such children.

Clause (d). Identifying and reaching out to children at special risk. Children who have been affected by armed conflict. The Committee notes 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), “reports … suggest that Shabak, Israel’s security agency, continues to seek to recruit Palestinian children to be used as collaborators inside prisons or upon their release”. “Furthermore, [the Israel Defence Forces (IDF)] 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 also notes that, according to the UN Secretary-General’s report, “there were five cases of abduction, involving 10 children, registered by the United Nations during the reporting period”. Three of them were attributed to the IDF. Moreover, the report indicates that “schools and hospitals continue to be attacked or occupied by both the IDF and Palestinian armed groups, in some instances resulting in the killing or injury of children. There were at least ten incidents where IDF soldiers attacked schools (both Palestinian Authority and United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) schools). In five of those attacks, Israeli soldiers used tear gas and sound bombs or stun grenades inside the schools. On 18 November 2006, in an UNRWA-run school in Beit Lahia, two students, aged 7 and 12, were shot and injured inside the school by IDF”. The Committee urges the Government to take the necessary measures to ensure that children under the age of 18 will not be used as collaborators inside prisons nor recruited or forced to enter potential conflict zones. It also requests the Government to provide information on the effective and time-bound measures adopted for the rehabilitation and social integration of children who are effectively removed from these activities.

Part V of the report form. Application of the Convention in practice. Nothing that the Government does not provide any information on the practical application of the Convention, the Committee requests it to supply copies or extracts from official documents including studies and inquiries and to provide information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties. To the extent possible, all information provided should be disaggregated by sex.