The Independent Commission for Human Rights
due to the multiplicity of the legislation and laws regulating Palestinian
legislative life. This could be owing to the political conditions which
Palestine has been experiencing, which in turn have impacted on its
legislative system.
In recent history, Palestine has undergone several political stages,
beginning in 1917 when Ottoman rule ended and the rule of the British
Mandate was in place. Until the end of the Ottoman rule in 1917, the legal
system in Palestine was based primarily on principles of the Islamic Law,
but it was also influenced by the Latin system in Europe. The legal system
was reviewed and redrafted once the Mandate period began. Ottoman
rule was not completely terminated by the establishment of the British
Mandate, although some of the principles of British law were added.
Some Ottoman law still applied, but with amendments or replacements
for some of it.Overall, according to Birzeit University’s online Law Center,
the “Mandate Government re-formed the legal system by converting it
from the Latin-Ottoman system to the Anglo-Saxon system (The British
Common Law).”11 The Criminal Code Ordinance of 1936, however, is still
in place in the Gaza Strip.
In addition, Palestine’s Declaration of Independence, which was issued
by the National Council of the PLO on 15 November 1988, is the most
important document in the history of Palestine because of the fundamental
principles, rights and freedoms of the Palestinian people it includes. This
indispensable document constitutes the basis of the principle of equality
between men and women in Palestinian national law. It states:
“The State of Palestine is the state of Palestinians wherever
they may be. The state is for them to enjoy in their collective
national and cultural identity, theirs to pursue in a complete
equality of rights. In it will be safeguarded their political and
religious convictions and their human dignity by means of a
parliamentary democratic system of governance, itself based
on freedom of expression and the freedom to form parties.
Governance will be based on principles of social justice,
equality and non-discrimination in the public rights of men or
women, on grounds of race, religion, color or sex, under the
aegis of a constitution which ensures the rule of law and an
independent judiciary.”
11
http://lawcenter.birzeit.edu/iol/en/index.php?action_id=210
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