Protecting Children, Especially Those with Disabilities, is a Human and Legal Duty

Author: عبد الله أبو رميله

Unfortunately, some painful incidents that violate children's rights, especially those of children with disabilities, recur in our society. These children represent a group that needs special protection and care. The recent incident in the city of Yatta, where videos circulated showing a disabled child being tied with a chain and beaten with sticks, has sparked an outcry and anger on both legal and humanitarian levels.

A preliminary review of the videos reveals that the child was subjected to direct physical assault, unlawful detention, and psychological humiliation, all of which constitute a criminal offense under current Palestinian law and are also a blatant violation of international human rights treaties, the Convention on the Rights of the Child, and the Convention on the Rights of Persons with Disabilities, which stipulate the protection of children and persons with disabilities from all forms of violence and physical and psychological abuse.

Relevant Legal Texts

1. Palestinian Law: Article (2) of the Rights of Persons with Disabilities Law No. (4) of 1999 prohibits discrimination against persons with disabilities in all areas, including protection from abuse and assault.

2. The Convention on the Rights of the Child: Article (19) stipulates that States Parties must take all appropriate measures to protect the child from all forms of violence and physical and psychological abuse.

3. The Convention on the Rights of Persons with Disabilities: Article (16) requires States Parties to take all measures to prevent all forms of violence against persons with disabilities and to legally and socially protect them.

Legal Analysis

Assaulting a child with disabilities is not merely an ordinary legal offense; it is a multidimensional crime that includes physical and psychological assault, unlawful detention, and a violation of the child's dignity and basic rights. The law is clear and explicit in imposing penalties on anyone who violates these rights, allowing the public prosecutor to intervene immediately to hold the assailants accountable.

Moreover, the law obliges the relevant authorities to provide psychological and medical support to the child, ensuring that they do not suffer any further harm as a result of the incident, preserving their safety and dignity.

Legal Recommendations

1. Open an immediate and transparent investigation by the public prosecutor to identify the assailants and hold them accountable according to the law.

2. Provide psychological and medical support to the child to ensure their physical and psychological safety.

3. Enhance community awareness about the rights of children and persons with disabilities and the necessity of reporting any violations as soon as they occur.

4. Implement deterrent penalties to prevent the recurrence of such incidents and establish a culture of respect for human rights in society.

Conclusion

Protecting children, especially children with disabilities, is a human and legal duty for all. This painful incident in Yatta reminds us all of the importance of promoting justice and protecting the rights of the vulnerable and marginalized in Palestinian society.