33
NHRIs contribute to providing protection, creating an enabling environment to
empower discharge of activities, and promoting accountability for crimes and
violations against human rights defenders. These institutions are also assigned to
support networks of human rights defenders and raise awareness of their own
human rights. Against this background, based on the growing need to protect
human rights in general, and human rights defenders in particular, the ICHR
recommends that the Council of Ministers put in place a legal framework to ensure
protection of human rights defenders. All legal provisions that contradict or limit
the ability of human rights defenders to fulfil their missions be repealed. The Public
Prosecution initiate cases by itself, follow up on criminal cases that fall within the
purview of encroachments on human rights defenders, and hold wrongdoers to
account.18
2.2 The variable in economic, social and cultural rights
2.2.1 Right to health
The ICHR received 52 complaints involving impingements on the availability of
adequate health services in the West Bank and Gaza Strip. These mostly concerned
patient referrals to institutions other than government health facilities and the
unavailability of some medicines. Complaints broke down by gender to 43 filed by
males and 18 by females. In terms of the geographical area, complaints included
17 in the Gaza Strip and 35 in the West Bank.
Twenty eight (28) complaints were lodged to the ICHR against government
bodies, who violated the right of access to health services. Complaints included a
patient demanding that the MoH cover the treatment cost, which he had to be pay
through a bill of exchange because the patient referral had not been processed.
Patients demanded that health insurance be provided or receive a detailed report
with an ample clarification of their condition. These complaints broke down by
gender to 19 filed by males and nine by females. In terms of the geographical area,
complaints eight complaints were made in the Gaza Strip and 20 in the West Bank.
The ICHR received 28 complaints on abuses affecting the quality of health services.
These were distributed by gender to 19 filed by males and nine by females. By
geographical area, complaints included 16 in the Gaza Strip and 13 in the West
Bank.
18 In view of their important role, in 2022, the ICHR provided a consolidated definition of human rights
defenders. Premised on the 1998 Declaration on the Right and Responsibility of Individuals, Groups
and Organs of Society to Promote and Protect Universally Recognised Human Rights. Accordingly, the
concept of human rights defenders is defined as “persons who work, either individually or collectively,
peacefully and on behalf of others towards promoting and defending internationally recognised
human rights, on condition that they believe in the universality and indivisibility of human rights. This
is evidenced by the fact that no action or statement is issued in contrariety with this condition.” The
ICHR came up with this definition during sessions with the OHCHR, CSOs, and human rights activities
and defenders. A number of panel discussions were held with the OHCHR with a view to developing
and documenting violations and means of protection. A complaints form was also created to receive
complaints from human rights defenders. Work is underway to develop the ICHR database to classify
abuses of human rights defenders as a key violation under “Categories”.
Executive Summary 2022