bodies need to improve the indicators used in the MoH Annual Health Report, including indicators of accountability and Ministry’s budget allocations for human resource development. 2.2.3 Right to education On 26 March 2018, the Law by Decree No. 6 of 2018 on Higher Education was passed. However, the ICHR does not see a paradigm shift between this new legislation and the provisions of the Law on Higher Education No. 11 of 1998, particularly in relation to determining the state’s responsibility for realising the right to education. It is noted that the Law by Decree gives the MoEHE a more regulatory, than centralised, role in implementing the right to education. It does not provide that higher education is a right and free of charge, just like general education. Furthermore, the Law by Decree does not confirm that higher education is a non-profit service, which is incumbent on the state. At the beginning of each academic year, the MoEHE continues to collect “donations” of specified amounts from students. By the way they are collected, these “donations” seem to be compulsory in the eyes of the public. Compounded by inadequate financial resources of universities, the government inability to provide financial support to eliminate the cumulative deficit in university budgets had a direct bearing on economic accessibility. Exhibiting a discriminatory treatment, vulnerable students will not be capable of accessing higher education both de jure and de facto. The ICHR received 16 complaints, including claims of violations of the right to education. Two complaints were filed in the Gaza Strip, one against the Gaza Correction and Rehabilitation Centre – Women’s Section, and the other against a university. Of the 14 complaints lodged in the West Bank, 10 were against the MoEHE, three against universities, and one against a correction and rehabilitation centre. The distribution of the complaints received by the ICHR in the West Bank involved students with disabilities (3); right to school education (5); right to higher education (4); and cancelling an increase in tuition fees at a private school (1). In another complaint, the family of a student demanded that the MoEHE reverse a decision made to transfer their son to another school after the principal and teachers physically assaulted him. In the Gaza Strip, one complaint was filed by a female inmate in a correction and rehabilitation centre, addressing her right to pursue her secondary education. Another concerned the right to higher education. According to its replies on the accountability of persons responsible for abusing the right to education,14 the MoEHE stated that it established approximately 14 MoEHE letter to the ICHR, 3 February 2019. Executive Summary 2018 27

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