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Chapter One
The Right to Life and Physical Safety
All international covenants of human rights guarantee the right to life, physical
safety and protection from forced disappearance. These rights are also enshrined
in the national legislation in force in Palestine. The most relevant articles from
these documents are briefly reviewed here. For example, Article (3) of the
Universal Declaration of Human Rights states "Everyone has the right to life,
liberty and security of person", and Article (6.1) of the International Covenant on
Civil and Political Rights affirms “Every human being has the inherent right to life.
This right shall be protected by law. No one shall be arbitrarily deprived of his
life… 6. Nothing in this article shall be invoked to delay or prevent the abolition of
capital punishment by any State Party to the present Covenant"
Moreover, Article (5) of the Universal Declaration of Human Rights states "No
one shall be subjected to torture or to cruel, inhuman or degrading treatment or
punishment.". Article (7) of the International Covenant on Civil and Political
Rights declares "No one shall be subjected to torture or to cruel, inhuman or
degrading treatment or punishment. In particular, no one shall be subjected
without his free consent to medical or scientific experimentation."
At the domestic level, Article (10) of the Palestinian Basic Law of 2003 maintains
"1‐ Basic human rights and freedoms shall be binding and respected. 2 ‐ The
Palestinian National Authority shall work without delay to join regional and
international declarations and covenants which protect human rights." Article
(13) of the Amended Basic Law of 2003 affirms: "1‐ No person shall be subject to
any duress or torture. All accused persons and persons deprived of their freedom
shall receive proper treatment. 2. All statements or confessions obtained through
violation of paragraph (1) of this Article shall be considered null and void". The
Palestinian National Authority has concurred with the international trend in the
prohibition of torture and ill‐treatment in Article 37 of the Penitentiaries and
Correction Centers Law of 1998, which stipulates "2– It is prohibited to torture
inmates or treat them with severity .3‐ It is prohibited to call inmates with
obscene or degrading names."