Palestine & the Convention on the Elimination of All Forms of Discrimination against Women: Implications of Ratification The Palestinian Amended Basic Law of 2002 serves as a temporary Constitution, and is the document upon which all other Palestinian laws are based.12 It is the guarantor of all the public rights and freedoms that Palestinian citizens enjoy. It shapes the political regime which governs the State of Palestine and embodies the principle of separation of powers and other particulars of the Palestinian legal system. Based on the principle of legislative hierarchy, the Constitution is the source of all other laws, and so no law or decree can be put in contravention of it. Article (9) of the Palestinian Basic Law states: “Palestinians shall be equal before the law and the judiciary, without distinction based upon race, sex, color, religion, political views or disability.” Articles (1-10) state that human rights and fundamental freedoms are binding. They also bind the PNA to respect the international human rights conventions. Article (31) of the same law provides for the establishment of the Independent Commission of Human Rights which in turn presents its reports to the President of the PNA and to the PLC. Additionally, the legislature confirms that the human rights of men and women should be maintained and respected in accordance with the provisions of the law, and the State’s institutions should be monitored to make sure of their respect and commitment to these rights. ICHR was established to serve this purpose and examine to what extent the government is committed to human rights. Article (32) of the Basic Law, for example, states: “Any violation of any personal freedom, of the sanctity of the private life of human beings, or of any of the rights or liberties that have been guaranteed by law or by this Basic Law shall be considered a crime. Criminal and civil cases resulting from such violations may not be subject to any statute of limitations. The National Authority shall guarantee a fair remedy to those who suffer from such damage.” Thus, the Amended Basic Law does not only provide for equal rights and freedoms for men and women, but it also establishes an institution to monitor and supervise the implementation of equality measures. 12 For the full text of this document, see http://www.palestinianbasiclaw.org/basic-law/2002-basic-law 23