The Extent of Palestinian Legislation's Compliance with the 1989 Convention on the Rights of the Child in Custody

Abstract

This study focuses on the extent to which Palestinian legislation regarding custody provisions aligns with the provisions of the 1989 Convention on the Rights of the Child, based on the principle of the best interests of the child and their right to protection and family care. The study employs a normative analytical methodology, combining legal analysis of existing national texts, a study of Palestinian judicial precedent in custody cases, and a comparison of these texts with the international standards stipulated in the Convention. The study's findings indicate that the existing Palestinian legislation, based on the Jordanian Personal Status Law No. (61) of 1976, remains traditional, focusing on age, gender, and the conditions of the custodian, while lacking explicit provisions obligating judges to apply the principle of the best interests of the child. The study also observed inconsistencies in Palestinian judicial interpretation, noting the lack of systematic application of the Convention on the Rights of the Child. This leads to instability in the protection of children's rights and the continued discrimination between boys and girls in custody cases. The findings indicate the need to redraft legal texts to ensure the integration of international standards, empower judges with broad discretion that considers the child's psychological, social, and educational needs, and enhance children's participation in decisions affecting their lives. The study concludes that achieving effective alignment requires comprehensive legislative reform and the development of judicial and training mechanisms to guarantee the protection of children's rights in accordance with international standards.