The obligation of Palestine to take positive measures towards individuals with disabilities within the Gaza strip, despite the constraints it faces over its assertion of jurisdiction, should moreover be read in light of Article 11 CRPD. Considering the vulnerability of the alleged victims, including their need for accessible healthcare, the general human rights and humanitarian situation in the Gaza Strip qualifies as a risk situation, thus requiring compliance with Article 11 of the Convention. Palestine, in the view of the Committee, has failed to undertake any actions, including engaging with the de facto authorities in the Gaza Strip (Hamas), to investigate the alleged victims’ fate and whereabouts, secure their release and safety, ensure access to appropriate healthcare considering their psychosocial phone number list disabilities, and facilitate communication with their families, despite the victims’ disappearances dating back to 2014 and 2015. Accordingly, the State of Palestine was found to have violated the victims’ rights under Articles 10, 14, 15 and 25, read alone and in conjunction with Article 11 of the Convention.
The Significance of Article 11 CRPD in
During the drafting of the text of the CRPD, Article 11 looked much like a simple reaffirmation that the CRPD was not trumped by international humanitarian law. Nonetheless, it also includes other ‘situations of risk’, including humanitarian emergencies and natural disasters. As such, Article 11 goes beyond Article 38(1) of the Convention on the Rights of the Child, which emphasizes the obligation of States to ensure respect for the rules of international humanitarian law (IHL) which are relevant to the child.
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