Balancing Protective Legislation and Children’s Rights

This chapter analyses how Israeli child welfare law and policy mediate the relationship between children’s right to protection and their right to services and support. It highlights tensions that arise when legal systems emphasise risk management and removal powers without guaranteeing adequate provision of support. Using case material and legal analysis, the chapter examines how statutory mandates, court practices, and resource allocation shape decision-making and children’s everyday experiences. It explores instances in which children are formally protected through legal intervention but left without the therapeutic, educational, or community support necessary for recovery and development. The chapter considers how participation rights are constrained when procedures prioritise legal compliance and administrative convenience over children’s expressed needs. By situating these dynamics within the framework of the United Nations Convention on the Rights of the Child, it identifies areas where national law and practice fall short of international standards. The chapter demonstrates that protection rights cannot be realised in isolation from provision rights. It argues for legal and policy reforms that integrate service guarantees, strengthen children’s voice in proceedings, and ensure that child welfare systems deliver not only safety from harm but also conditions needed for children to thrive.