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.
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