A/HRC/40/42
humanitarian law. 78 Limitations on freedom of movement and constraints on access to
natural resources and agricultural land have been identified as coercive factors that
ultimately may force people to leave. 79 In the cases presented in the present report, the
Israeli security forces failed to uphold their obligation to protect the Palestinian population
and property, as well as to keep public order and safety. 80 Such failure allows the Israeli
State and private settlers to take over more Palestinian land in the West Bank, in violation
of the law of occupation.
C.
Access to health and education
42.
Israeli settlements and settler violence continued to violate a range of Palestinians’
human rights, including economic, social and cultural rights such as the rights to health and
education.81 In Hebron H2 and the nearby access-restricted areas, some 7,000 Palestinians
rely on medical services available in H1 and on Palestinian Red Crescent Society
ambulances for urgent cases. The Secretary-General has previously reported incidents of
ambulances not being allowed into the area, forcing Palestinian patients to cross
checkpoints on foot, which can cause life-threatening delays.82
43.
During the reporting period, there were at least three cases of settler attacks against
Palestinian ambulances in H2 in the presence of Israeli security forces. For instance, on 11
August 2018, settlers in H2 blocked a Palestinian Red Crescent Society ambulance
transporting an elderly Palestinian woman injured by settlers. Despite the arrival of Israeli
security forces at the scene, the settlers were not dispersed. Instead, after an hour, the Israeli
security forces forced the ambulance crew to turn back and use another road, which the
settlers then tried to block, causing further delay. Eventually the ambulance managed to
pass. The inability of the Israeli security forces to guarantee the ambulance access to the H2
area, which results in the lack of access to health-care facilities and services for the persons
living in this area, constitutes a violation of the right to health. The Palestinian Red
Crescent Society submitted some 100 complaints to the Israeli authorities during 2018
related to access issues, including settler attacks, but as at the end of the reporting period no
action had been taken.
44.
Violence and harassment by settlers targeting schools often results in injuring
children and teachers and disrupting classes. This affects access to education, quality of
education, student well-being, and performance and completion rates. 83 Moreover, it results
in increased school dropout rates and the decision of families to keep their children at
home.84 Fear of settler-related violence has been reported as one of the reasons why some
families prevent girls from going to school, particularly in Area C. 85
45.
The secondary boys’ school in Urif has over the past two years been subjected to
increasing settler attacks due to its proximity to Yitzhar settlement, from where many
settler attacks originate. The school reported three settler attacks on the school on 14, 17
and 18 October 2018 respectively, causing the school to suspend teaching. Settlers hit
teachers with stones while they were evacuating the children. The school staff reported
visible psychological effects on the children. During the school year 2017/18, 24 out of 230
students dropped out of school, the majority of them because of the parents’ fear for the
78
79
80
81
82
83
84
85
Hague Regulations, arts. 46 and 56; Fourth Geneva Convention, art. 53; and Customary International
Humanitarian Law, rule 51.
For more information on the coercive environment, see A/71/355, paras. 60–64; A/72/564, paras. 36–
57; A/73/410, paras. 26–58; A/HRC/34/39, paras. 44 and 54–55; and A/HRC/37/43, paras. 26–64.
Hague Regulations, art. 43; and Fourth Geneva Convention, art. 27 (1)
For more information on settlements’ impact on economic, social and cultural rights, see A/68/513,
paras. 36–41; A/HRC/25/38, paras. 21–36; and A/HRC/28/44, paras. 16–38.
A/71/355, para. 57.
A/HRC/25/38, paras. 34–36.
A/71/355, para. 51.
OHCHR, “Update on settler violence in the West Bank, including East Jerusalem”, October 2013, p.
4.
11
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