States’ Responsibility for Violations of Children’s Rights in Gaza Based on the Convention on the Rights of the Child

Author
Amirhossein Abolhasani
Student, M.Sc., PrivateLaw, Imam Reza International University, Mashhad
10.30497/hcr.2024.78322
Abstract
This study examines the international responsibility of states for widespread and systematic violations of children’s rights in the Gaza Strip under the Convention on the Rights of the Child (1989). Prolonged armed conflict, long-term blockade, and severe humanitarian restrictions have resulted in the continuous deprivation of children’s fundamental rights, including the rights to life, survival and development, physical and mental health, education, security, and protection from violence and exploitation. These conditions raise serious legal questions concerning the implementation of states’ obligations under international human rights law and international humanitarian law.
Using a qualitative, descriptive-analytical approach based on documentary research and content analysis of international legal instruments, United Nations reports, and academic sources, the study analyzes the legal obligations of Israel as the occupying power and the responsibilities of third states in preventing, addressing, and remedying violations of children’s rights in Gaza.
The findings show that violations against children in Gaza are severe and multidimensional, including killing and injury, deprivation of basic necessities, destruction of educational and health infrastructure, forced displacement, and long-term psychological harm. In accordance with the Convention on the Rights of the Child and the law of occupation, the occupying power bears direct responsibility for providing special protection to children and ensuring compliance with fundamental humanitarian principles. In parallel, third states are required to refrain from complicity, exercise due diligence, and cooperate internationally to protect children’s rights.
The study emphasizes the role of international monitoring and accountability mechanisms, including the Committee on the Rights of the Child and international courts, in enforcing state responsibility and individual criminal accountability. It concludes that effective implementation of the Convention and strengthened accountability mechanisms are essential to preventing recurrence of such violations and ensuring sustainable protection of children’s rights in Gaza.
Keywords
Children
Convention on the Rights of the Child
Gaza
State Responsibility