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From the previous review of the patterns of complaints received by ICHR on
violations of the right of movement and travel in 2010, it is evident that violations
of the right to movement and travel were not only limited to prejudicing the right
in itself, but also affected many other rights, whether associated directly with the
right to personal liberty, or indirectly linked to it, such as the right of citizens to
political participation. This emphasizes the unity of rights and their
interdependence, and that prejudice to any basic human right means direct
prejudice to other rights associated with this right. Prevention and confiscation of
citizens’ passports based on political affiliation, or not issuing passports due to
the refusal of the security authorities means that in addition to the violation of
their right to mobility and travel, there is also a violation of their right to equal
enjoyment of rights and public freedoms. Article (9) of the Palestinian Basic Law
has provided that "the Palestinians before the law and judiciary, without
discrimination because of race, sex, color, religion, political opinion or disability”,
and the violation of their right to political participation, and the formation of
political parties and joining them. Article (26) of the same law in the first
paragraph stated “the Palestinians have the right of political participation,
individuals and groups, and have the following rights in particular: the formation
of political parties and to joining these parties according to the law.”
However, ICHR sees in the patterns of previous violations the non‐compliance of
the two Palestinian Governments in the West Bank and Gaza Strip with the
regulations and standards required by law to restrict that right. This confirms that
citizens' rights and their fundamental freedoms is not the norm in the authorities’
adaptation of its procedures, and, in turn, the performance of its legal role in
protecting those rights, freedoms and maintenance thereof.
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