Status of rights and freedoms in the Palestinian law

Abstract

This report intends to provide a basis for a plan of action aiming at approximating Palestinian laws to rights and freedoms included in the BL and international standards. Article 10 (par.2) of the BL provides that “The Palestinian National Authority shall work without delay to become a party to regional and international declarations and covenants that protect human rights.” This provision is explained by the lack of the international legal personality of the PA, not being yet a state. It expresses willingness of the PA which enacted the BL to make part of those covenants forming the basis for the protection of human rights. However, there is no need to be part of international and regional declarations. The later, indeed, do not make part of the so-called hard international law. There are serious grounds to believe, then, that this article forms an obligation for the PA to voluntary abide by the contents of international and regional declarations and covenants related to the protection of human rights. Certain legislation enacted by the PA goes in that direction