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The limitations of the human rights system in settler colonial contexts: The case of Palestinian children imprisoned by the state of Israel.


Funder Economic and Social Research Council
Recipient Organization Goldsmiths College
Country United Kingdom
Start Date Sep 30, 2024
End Date Mar 30, 2028
Duration 1,277 days
Number of Grantees 1
Roles Student
Data Source UKRI Gateway to Research
Grant ID 2930785
Grant Description

On December 14, 1960, the U.N.

General Assembly issued a solemn proclamation in Resolution 1514: that the "speedy and unconditional end [to] colonialism in all its forms and manifestations" was a "necessity" (Declaration on the Granting of Independence to Colonial Countries and Peoples).

For the "subjection of peoples to alien subjugation, domination and exploitation constitutes a denial of fundamental human rights, [was and is] contrary to the Charter of the United Nations and [was and is] an impediment to the promotion of world peace and co-operation" (Declaration on the Granting of Independence to Colonial Countries and Peoples).

It was this proclamation that the global community fondly remembers as the start of the decolonisation era.

Despite the moment's grandeur, the modern global political climate suggests that this declaration from 1960 was far too ambitious and perhaps altogether deceptive. Traditional colonial empires superficially collapsed. But their undercurrents-the need to dominate the "other"-lingered.

The result was that colonialism of the past did not crumble but instead persisted, evolved, and re-clothed itself in nations both new and old. Settler colonialism is the General Assembly Resolution 1514's modern enemy.

Settler colonialism is premised on the state's recruitment of a class of settlers whose goal is to not only occupy the land of the Indigenous but also to eliminate the Indigenous who stand in their way (Wolfe, 2006). Settler colonialism and colonialism are distinct, yet intertwined, modes of oppression.

While colonisers say, "you, work for me," settler colonisers say, "you, go away" (Veracini, 2011). Still, at the core of both projects are migration and a relationship of ascendency (Veracini, 2011).

Since 1960, settler colonialism has wreaked havoc on a number of global communities: from Indigenous people across the Americas, New Zealand, and Australia, (Price, 1950) to the Palestinians (Rouhana & Sabbagh Khoury,2015).

Acknowledging and upholding established human rights standards as outlined in major documents and treaties is undeniably crucial.

However, it is equally imperative to recognise the necessity of tailoring the human rights system to specific contexts and the unique needs of diverse populations. This research proposal aims to comprehend the functioning of the human rights system in settler colonial states.

The exploration involves evaluating and analysing the effectiveness, limitations, and the impact of the human rights system in addressing the imprisonment of Palestinian children by the settler colonial state, Israel. Thus, this research is grounded in two primary arguments.

Firstly, the performance of the human rights system, including civil society, INGOs, and human rights defenders, must be re-examined.

Their intervention apparatus raises critical questions not only regarding their ability to care for and protect children from state criminalities but also concerning their role in maintaining the state's abusive power and racialised oppression. Secondly, the human rights system should be contextualised and adapt itself to the political context.

The human rights system does not operate in the same way in different political contexts; Thus, the human rights system should develop and evolve according to the political context to achieve social justice.

Document analysis, in-depth interviews with key stakeholders such as human rights activists, legal experts, ex-detainees, and their families, alongside representatives from relevant organisations, will be employed to illuminate the limitations of the human rights regime in addressing the issue of Palestinian children's imprisonment.

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Goldsmiths College

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