A/HRC/25/38 planning process.48 This is in clear contravention of the international human rights obligations of Israel, in particular the principle of non-discrimination in relation to the right to adequate housing contained in the International Covenant on Economic, Social and Cultural Rights,49 which has been ratified by Israel. By not upholding that principle, Israel is violating an international obligation of immediate effect.50 Furthermore, it is violating the rule of law by virtue of a discriminatory application of the law against Palestinians, in this case the planning regime. In this respect, Israel is violating articles 2 (non-discrimination and equality before the law) and 26 (equal protection of the law) of the International Covenant on Civil and Political Rights, to which it is also a party.51 Impact of planning policy, law and practice on the human rights of Palestinians 15. The planning policy undermines one of the most important components of the right to adequate housing, namely security of tenure. The Committee on Economic, Social and Cultural Rights has established that everyone should possess a degree of security of tenure which guarantees legal protection against forced eviction, harassment and other threats.52 The Committee has also affirmed that States must take immediate measures aimed at conferring legal security of tenure upon those persons and households lacking such protection, in genuine consultation with affected persons and groups.53 Israel is not complying with this obligation, since it is not taking any steps to protect the security of tenure of Palestinians. On the contrary, its planning policy, law and practice expose them to constant risks of forced eviction, demolition and displacement, which interferes directly with their enjoyment of the right to adequate housing. In addition, as previously reported, Palestinians cannot participate in the planning process,54 in violation of the right to participate in public decision-making.55 16. Land ownership and possession is another element of the right of Palestinians to adequate housing which is affected by Israeli planning policy and, more broadly, by Israeli settlement-related activities.56 As stated by the former Special Rapporteur on the right to 48 49 50 51 52 53 54 55 56 8 According to B’tselem, despite the fact that the same legal and institutional system is responsible for planning in Palestinian areas and in the settlements, the criteria applied are diametrically opposed. See Land Grab, Israel’s Settlement Policy in the West Bank (note 45 above), p. 88. Article 11 consecrates the right to an adequate standard of living, which includes the right to adequate housing, food and clothing. Under the International Covenant on Economic, Social and Cultural Rights, States have the obligation to achieve progressively the rights contained in the Covenant, it being recognized that the realization of economic, social and cultural rights may take some time, owing to resource implications. However, some principles and components of such rights are of immediate effect, notably the principle of nondiscrimination. While examining Israel, the Human Rights Committee expressed concern regarding “the discriminatory municipal planning systems, in particular in ‘area C’ of the West Bank and in East Jerusalem, disproportionately favouring the Jewish population of these areas”, CCPR/C/ISR/CO/3; A/66/364, para. 7. Committee on Economic, Social and Cultural Rights, general comment No. 7 (1997) on forced evictions. Committee on Economic, Social and Cultural Rights, general comment No. 4 (1992) on the right to adequate housing. A/68/513, para. 32. Committee on Economic, Social and Cultural Rights, general comment No. 4, para. 9. While land-related rights are a fundamental element of the right to adequate housing, there is no recognition of a human right to land. See UN Habitat, “The Right to Adequate Housing”, Fact Sheet