The International Covenant on Economic, Social and Cultural Rights
Right to social security
37. The Committee is concerned that the draft social security law has yet to be
passed and that a substantial share of the population, including those who
are employed, is not adequately covered by social security schemes (art. 9).
38. The State party should adopt the draft social security law and ensure that
its provisions adequately ensure the right to social security, paying special
attention to the needs of the most disadvantaged and marginalized groups
and ensuring coverage for all, including those not contributing to private or
public social security schemes through their workplace. In this regard, the
Committee recalls its general comment No. 19 (2007) on the right to social
security.
39. The Committee is concerned about reports that the medium- to long-term
financial sustainability of the public pension system is threatened by the
State party’s continued reliance on borrowing from the public pension fund,
as this may negatively affect retirees’ enjoyment of economic and social
rights (art. 9).
40. The Committee recommends that the State party immediately cease borrowing from the public pension fund.
41. The Committee is concerned about the viability of the Palestinian Cash
Transfer Programme, including as a result of overreliance on fluctuating donor contributions (art. 9).
42. The Committee recommends that the State party take all measures necessary to ensure that the Palestinian Cash Transfer Programme is able to
disburse payments as intended, including by reducing reliance on donor
contributions for its funding, such as by increasing the amount allocated by
the State party.
Protection of the family and children
43. The Committee is concerned that the draft family protection law has not
been passed, and that matters of personal status, including inheritance,
marriage, divorce and child custody, are regulated in the West Bank by the
Personal Status Act of 1976 and in the Gaza Strip by the Ottoman Personal
Status Act of 1918 and the Family Rights Act of 1954, as these laws may not
comply with the State party’s international legal obligations under the Covenant, the Convention on the Rights of the Child and the Convention on the
Elimination of All Forms of Discrimination against Women (art. 10).
44. The Committee recommends that the State party take immediate steps to
pass the family protection law and review the Personal Status Act of 1976,
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