The authors conclude that (ibid., at p. 11): "Children of families who have been expelled from the country in which they resided are at increased risk of developing mental difficulties and the development of mental pathologies later in life," and summarize the position paper as follows (p. 12):
"There is a significant body of research on the psychological consequences of the experience of deportation and forced return to the country of origin of children and adolescents of immigrant parents. The study clearly indicates that the act of forced deportation or restitution entails serious risks to mental health. It has been found that deportation or forced restitution in this population is a significant risk factor for the onset of mental illness, including depression, post-traumatic stress disorders, anxiety disorders, long-term personality changes, and even psychotic illness.
In addition to the high rates of mental illness, there is a high risk of impairment of normal mental development in this population, a risk that is directly related to the deportation or forced restitution procedures. In light of this, forced restitution is expected to cause mental disability and may have other serious consequences, including suicide.
The strong evidence of the severe consequences on the mental health of children and adolescents should be at the heart of policy considerations regarding the status of these young people. These consequences must also be in the eyes of any party that takes part in the deportation and the processes related to it, and who may be found responsible for harming the health and well-being of these children and youth."
As it emerges from the opinion cited at length above, these damages, on both levels, were realized in the case of the children M and S. and are liable to be radically aggravated if they are deported, as determined in the opinion in their case.
Illegal Presence of the Parents and Their Impact on the Child's Best Interests
- The Authority argued, and the court accepted this argument, that the children should not be given a "reward" for their mother's illegal behavior in Israel. In other words, the court ruled that the fact that the children intermingled in Israel stemmed from the fact that their mother had been in Israel illegally for years, and therefore this should not be considered in their favor. The court erred in this. First, as stated, it was the Authority that delayed handling the appellants' case. The appellants did not hide or evade the eyes of the state authorities. The children, as it appears from the opinion, are integrated into educational institutions, and in the case of the girl S., the state even invests resources in her and integrates her into a special therapeutic class after a characterization and eligibility committee was held in her case. Indeed, the Minister of Interior has the discretion to take action in the matter of foreign workers who complete their legal visas and to deport them from Israel. However, since this authority was not used, and when the authority, as a result, allows the children to integrate into society for years, the best interests of the children should not be harmed years later, and it should be argued that this should not be taken into account due to their mother's illegal residence.
- Second, and most importantly, the Refugee Convention requires that the best interests of the child be examined and rights granted under the Convention, regardless of the status of the child or his parent. This is one of the parameters explicitly mentioned in the Convention. Article 2 of the UN Convention on the Rights of the Child (in the official translation of the Ministry of Justice) states:
"The States Parties shall respect and guarantee the rights set forth in this Convention to every child within their jurisdiction, without discrimination of any kind, regardless of race, colour, sex, language, religion, political or other viewpoint, national, ethnic or social origin, property, disability, birth or other status, whether of the child or of his or her parents or legal guardian."