Juvenile Laws at Palestine

Here’s an overview of the juvenile justice system in Palestine, focusing primarily on the West Bank under the Palestinian Authority:

⚖️ Legal Framework

Juvenile Protection Law No. 4 of 2016:
This is the primary legislation governing juvenile justice in the West Bank. It replaced outdated laws dating back to the British Mandate and Jordanian rule.
Key features include:

Raising the age of criminal responsibility to 12 years.

Establishing juvenile courts with specialized judges and prosecutors.

Emphasizing rehabilitation and reintegration over punishment.

Incorporating diversion programs and alternatives to detention.
([source: UNICEF & DCIP reports])

Gaza Strip:
Governed by older British Mandate laws (like the Juvenile Offenders Ordinance of 1937) and modified by Hamas-led authorities. The laws here are not fully aligned with international standards.

🏛 Juvenile Court System

Specialized juvenile courts have been established in major cities in the West Bank.

Detention is considered a last resort, and courts are encouraged to issue alternative measures such as community service, rehabilitation programs, or conditional release.

Children are guaranteed legal representation, and hearings are held in child-friendly environments.

🚸 Age of Criminal Responsibility

12 years old is the minimum age at which a child can be held criminally liable under the 2016 law in the West Bank.

🧒 Rights & Protection of Children

The 2016 law enshrines:

Right to a fair trial and legal counsel.

Right to privacy during judicial proceedings.

Family involvement throughout the process.

Prohibition of physical or psychological abuse during arrest or detention.

🚨 Detention & Rehabilitation

Facilities include rehabilitation centers rather than conventional prisons.

NGOs such as Defence for Children International – Palestine (DCIP) have reported challenges including:

Inconsistent implementation of juvenile protections.

Reports of ill-treatment during arrest by security forces (particularly in East Jerusalem or by Israeli authorities).

🇮🇱 Situation in East Jerusalem & Under Israeli Jurisdiction

Palestinian children in East Jerusalem or in Area C of the West Bank often fall under Israeli military law.

Israeli military law sets the age of criminal responsibility at 12, but military courts have been widely criticized for:

Using administrative detention.

Holding children without access to lawyers or parents during interrogation.

Failing to meet international juvenile justice standards. ([source: Human Rights Watch, B’Tselem, DCIP])

 

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