114
through any media and regardless of frontiers128". The International Covenant of
Civil and Political Rights declares "Everyone shall have the right to hold opinions
without interference and everyone shall have the right to freedom of expression;
this right shall include freedom to seek, receive and impart information and ideas
of all kinds, regardless of frontiers, either orally, in writing or in print, in the form
of art, or through any other media of his choice129". Although the International
Covenant of Civil and Political Rights provides for the exercise of these rights, it is
subjected to certain restrictions in relation to respect of the rights or reputations
of others and the protection of national security and public order, health or
morals130.
The provisions of the Palestinian Basic Law guarantees, in great detail, the right
to freedom of opinion and expression, stating "Freedom of belief, worship and
the performance of religious functions are guaranteed, provided public order or
public morals are not violated131". And that "Freedom of opinion may not be
prejudiced. Every person shall have the right to express his opinion and to
circulate it orally, in writing or in any form of expression or art, with due
consideration to the provisions of the law132".
The Basic Law compels the state to ensure respect for fundamental rights and
freedoms in emergencies because "It is not allowed to impose restrictions on
fundamental rights and freedoms when declaring a state of emergency except to
the extent necessary to fulfill the purpose stated in the decree declaring the state
of emergency133". Nevertheless, the law imposes some restrictions on the
exercise of human rights in such cases in accordance with a special Presidential
decree. The Amended Basic Law stipulates that "The President of the National
Authority may declare a state of emergency by decree when there is a threat to
national security caused by war, invasion, and armed insurrection or in times of
natural disaster, for a period not to exceed thirty (30) days134".
The same law asserts that assault on liberties is a crime in which criminal and civil
cases shall not be subject to any statute of limitations. It did not stop there, but
128
See Article (19) of the Universal Declaration of Human Rights, adopted and proclaimed by the General
Assembly of the United Nations in its decision No 217A (D_3) dated December 10, 1948.
129
See Article (19) of the International Covenant of Civil and Political Rights adopted and proclaimed by
the General Assembly of the United Nations in its decision No 2200A (A) dated December 10, 1966.
130
See Paragraph (3) or Article (19) of the International Covenant of Civil and Political Rights.
131
See Article (18) of the Amended Basic Law of the year 2003.
132
See Article (19) of the Amended Basic Law of the year 2003.
133
See Article (111) of the Amended Basic Law of the year 2003.
134
See Article (110) of the Amended Basic Law of the year 2003.
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