The International Covenant on Economic, Social and Cultural Rights
Legal standing of the ICESCR within the legal system
So far, an explicit constitutional or legal provision is not in place, making clear
the legal standing of international conventions in the State of Palestine. The
Declaratory Judgement No. 4 of 2017, dated 8 March 2018, of the Supreme
Constitutional Court (SCC) determines the legal status of international conventions within the Palestinian legal system continues to be without legal effect.
The SSC decision provides that the international conventions, which the State
of Palestine acceded to, take precedence over domestic legislation domestic
legislation in keeping with the national, religious, and cultural identity of the
Palestinian people. The International Covenant on Economic, Social and Cultural
Rights (ICESCR) has not been published in the Palestinian Official Gazette. The
ICHR has no information concerning either the forthcoming publication of, or
the intention to publish, the ICESCR by relevant authorities.
Due to this obscure legal standing of the ICESCR and other international treaties
acceded to by the State of Palestine within the Palestinian legal system, the
ICHR has been concerned about the claim that international conventions would
be in conflict with the national, religious, and cultural identity of the Palestinian
people. That allegation could potentially be used as a basis for failing to apply, or
formulating reservations to, some provisions of these conventions. The obscure
terms used by the SCC render accession to international conventions meaningless. Accordingly, the State of Palestine would derogate from its obligations,
including in relation to harmonising domestic legislation and correcting national policies. Such obligations could not, therefore, be invoked before national
courts.
General measures of implementation
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While the Gaza Strip is under the de facto authority of Hamas, Israel retains
full security and administrative control over Area C, which comprises some
61 percent of the West Bank, as well as over some areas in the Hebron city,
designated as H2 under the Oslo Accords. Hence, the provisions of both
domestic legislation and the Covenant cannot be enforced in the said areas.
As at the time of reviewing, there have not been any practical and tangible
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