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 - 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 7

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