A/HRC/10/22 page 8 International Covenant on Economic, Social and Cultural Rights, the Convention on the Rights of the Child and the Convention on the Elimination of All Forms of Discrimination against Women contain no provisions limiting their application to the territory of States parties. In this respect, the International Court of Justice also noted that the obligations of Israel under the International Covenant on Economic, Social and Cultural Rights included an obligation not to raise any obstacle to the exercise of such rights in those fields where competence has been transferred to Palestinian authorities.2 The unilateral disengagement from the Gaza Strip by Israel, which was formally completed on 12 September 2005, does not dispense Israel from complying with its human rights obligations towards the population of that territory; Israel remains bound to the extent that the measures it adopts affect the enjoyment of human rights of the residents of the Gaza Strip. 21. The Palestinian Authority, as recognized in a number of public undertakings whereby the Palestinian Authority, the Palestine Liberation Organization (PLO) and the Palestinian Legislative Council have declared their commitment to respect international human rights law, is also bound to abide by international human rights obligations.10 22. With respect to Hamas, it is worth recalling that non-State actors that exercise government-like functions and control over a territory are obliged to respect human rights norms when their conduct affects the human rights of the individuals under their control.11 23. Although the full body of human rights law is applicable in the Occupied Palestinian Territory, the particular relevance of some human rights norms stands out in the current context, namely the right to life and freedom of movement, as well as a number of economic and social rights, particularly the right to an adequate standard of living, including the rights to food and to adequate housing, the right to the enjoyment of the highest attainable standard of physical and mental health, the right to work, the rights to education and to the prohibition of discrimination as enshrined in the International Covenant on Economic, Social and Cultural Rights. These rights impose obligations on States parties: the obligations to respect, protect and fulfil, which in turn incorporates both an obligation to facilitate and an obligation to provide.12 10 PLO chairman Yasser Arafat repeatedly stated that he and his Government were committed to respecting all international human rights standards, for instance, to representatives of Amnesty International on 2 October 1993 and 7 February 1996. 11 For example, in a joint report on Lebanon and Israel, a group of four special rapporteurs concluded that: “Although Hezbollah, a non-State actor, cannot become a party to these human rights treaties, it remains subject to the demand of the international community, first expressed in the Universal Declaration of Human Rights, that every organ of society respect and promote human rights. ... It is especially appropriate and feasible to call for an armed group to respect human rights norms when it exercises significant control over territory and population and has an identifiable political structure.” (A/HRC/2/7), para. 19. 12 Committee on Economic, Social and Cultural Rights, general comment No. 13 on the right to education.

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents