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I ‐ The Right to Form Associations in International Covenants and
Palestinian Legislation
International human rights instruments stipulate the protection of the right to
freedom of association. Paragraphs (1) and (2) of Article (22) of the International
Covenant on Civil and Political Rights (ICCPR) state that “Everyone shall have the
right to freedom of association with others” and that
“No restrictions may be placed on the exercise of this right other
than those which are prescribed by law and which are necessary in a
democratic society in the interests of national security or public
safety, public order, the protection of public health or morals or the
protection of the rights and freedoms of others. This Article shall not
prevent the imposition of lawful restrictions on members of the
armed forces and of the police in their exercise of this right”.
The International Bill of Human Rights guarantees the right to establish
associations by virtue of Article (20) of the Universal Declaration of Human Rights
which states that “Everyone has the right to freedom of peaceful assembly and
association.”
Moreover, Palestinian legislation stipulates the rights of Palestinian citizens to
participate in political life and to freedom of association. Paragraph (2) of Article
(26) of the Basic Law provides that "Palestinians, as individuals and groups, have
the right to participate in political life and the following rights in particular: the
right to formation of trade unions, organizations, associations, clubs and popular
institutions in accordance with the law". Similarly, Article (1) of the Charitable
Organizations and Civil Society Organizations Law (No.1 for year 2000) states that
“Palestinians have the right to freely pursue social, cultural, professional and
scientific activities, including the formation and running of organizations and
organizations in accordance with the law.”
Paragraph (1) of Article (2) of the Regulations of the Charitable Organizations and
Community Organizations Law states that “Every Palestinian has the right to
freely participate in the establishment and management of associations, and the
right to affiliation to and withdrawal from such entities, in order to achieve
goal(s) that are not for profit sharing.”
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