Following HaMoked's persistence: the mother of a baby who requires urgent lifesaving medical care, which is unavailable in the West Bank, has been permitted to travel abroad המוקד להגנת הפרט
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17.09.2018
Following HaMoked's persistence: the mother of a baby who requires urgent lifesaving medical care, which is unavailable in the West Bank, has been permitted to travel abroad
Following HaMoked's persistence: the mother of a baby who requires urgent lifesaving medical care, which is unavailable in the West Bank, has been permitted to travel abroad

On September 6, 2018, HaMoked petitioned the High Court of Justice (HCJ) to instruct the military to permit the travel abroad of a Palestinian resident of Hebron, in order for her to accompany her baby daughter to a series of complex and urgent medical procedures at a hospital in Jordan. In the petition, HaMoked stressed that the baby was born with a rare medical condition – congenital nasal atresia (absence of the nose) – and requires progressive treatment which is unavailable in the West Bank. As such, the decision to prevent the mother's travel abroad cruelly and disproportionately harms the rights of both the baby and her mother. Due to the circumstances of the case, on September 9, 2018, HaMoked submitted an urgent request to schedule the hearing on the petition, emphasizing that any delay in removing the ban on the mother's travel endangers the baby's life. Following the request, the Court scheduled the hearing for September 17, 2018, and instructed the military to submit its response to the petition no later than a day before the scheduled hearing.


On September 16, 2018, the military notified HaMoked that the mother's travel abroad would be permitted on a one-time basis, on the condition that she deposit 15,000 ILS and sign a vague pledge not to take part in terrorist activities during her travels. HaMoked, in response, stated that the mother would not be able to deposit such a large sum of money, and maintained that she has the right to leave her country unconditionally. The military subsequently announced that the woman's travel would be permitted subject to a deposit of 7,000 ILS. Out of a desire to save her daughter's life, and despite the military's unreasonable conditions, the mother agreed to the proposed arrangement and to the withdrawal of the petition.


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On September 6, 2018, HaMoked petitioned the High Court of Justice (HCJ) to instruct the military to permit the travel abroad of a Palestinian resident of Hebron, in order for her to accompany her baby daughter to a series of complex and urgent medical procedures at a hospital in Jordan. In the petition, HaMoked stressed that the baby was born with a rare medical condition – congenital nasal atresia (absence of the nose) – and requires progressive treatment which is unavailable in the West Bank. As such, the decision to prevent the mother's travel abroad cruelly and disproportionately harms the rights of both the baby and her mother. Due to the circumstances of the case, on September 9, 2018, HaMoked submitted an urgent request to schedule the hearing on the petition, emphasizing that any delay in removing the ban on the mother's travel endangers the baby's life. Following the request, the Court scheduled the hearing for September 17, 2018, and instructed the military to submit its response to the petition no later than a day before the scheduled hearing.


On September 16, 2018, the military notified HaMoked that the mother's travel abroad would be permitted on a one-time basis, on the condition that she deposit 15,000 ILS and sign a vague pledge not to take part in terrorist activities during her travels. HaMoked, in response, stated that the mother would not be able to deposit such a large sum of money, and maintained that she has the right to leave her country unconditionally. The military subsequently announced that the woman's travel would be permitted subject to a deposit of 7,000 ILS. Out of a desire to save her daughter's life, and despite the military's unreasonable conditions, the mother agreed to the proposed arrangement and to the withdrawal of the petition.


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