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The Ability of the Palestinian Legal System to Secure Adequate Standards of Living: Reform or the Failure of State Duty

Published online by Cambridge University Press:  20 March 2013

Mutaz M. QAFISHEH*
Affiliation:
Hebron University, Palestinemutazq@hebron.edu

Abstract

In parallel with its efforts to become a full member of the United Nations (UN) and its specialized agencies, Palestine needs to take the implications of joining such organizations in earnest. Admission to the UN, in addition to encompassing rights for states, simultaneously entails duties on the part of the state. One duty is to respect, protect, and fulfil human rights for those living under Palestine's jurisdiction. This paper assesses the ability of the applicable legislation in Palestine to secure adequate standards of living by focusing on three rights: food, housing, and health. Many of the laws relating to these rights date back to the Turkish, British, Jordanian, and Egyptian eras. With a few exceptions, Palestine has so far enacted executive orders to activate these rights based on older laws. Nothing prevents Palestine from modernizing its nutrition, habitation, and medical care systems and joining the community of welfare states.

Type
Articles
Copyright
Copyright © Asian Journal of International Law 2013 

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Footnotes

*

PhD Geneva. Professor of International Law, Legal Clinic Director, Hebron University, Palestine.

References

1. MULER, Amrei, “Limitations to and Derogations from Economic, Social and Cultural Rights” (2009) 9 Human Rights Law Review 557CrossRefGoogle Scholar

PIOVESAN, Flavia, “Social, Economic and Cultural Rights and Civil and Political Rights” (2004) 1 International Journal on Human Rights 21Google Scholar

ADDO, Michael K., “The Justiciability of Economic, Social and Cultural Rights” (1988) 14 Commonwealth Law Bulletin 1425CrossRefGoogle Scholar

2. Mutaz QAFISHEH, ed., Membership of Palestine in the United Nations: Legal and Political Implications (Newcastle: Cambridge Scholars Publishing, forthcoming 2013)Google Scholar

3. International Covenant on Economic, Social and Cultural Rights, 19 December 1966, 993 U.N.T.S. 3 (entered into force 3 January 1976) [ICESCR].

4. Ibid.

5. UNESCO, Manual of the General Conference (Paris: UNESCO, 2002)Google Scholar

6. “General Conference Admits Palestine as UNESCO Member State” UNESCO Media Services (31 October 2011), online: UNESCO Media Services 〈http://www.unesco.org/new/en/media-services/single-view/news/general_conference_admits_palestine_as_unesco_member_state/〉.

7. JAYAWICKRAMA, Nihal, The Judicial Application of Human Rights Law: National, Regional, and International Jurisprudence (Cambridge: Cambridge University Press, 2002) at 869880CrossRefGoogle Scholar

8. Universal Declaration of Human Rights adopted by the UN General Assembly on 10 December 1948; UN Doc. A/811 (1948) [UDHR].

9. GOLAY, Christophe, Right to Food and Access to Justice (Brussels: Bruylant, 2011)Google Scholar

Ying, CHEN, “The Right to Food” (2010) 12 European Journal of Law Reform 158Google Scholar

NIADA, Laura, “Hunger and International Law: The Far-Reaching Scope of the Human Right to Food” (2006) 22 Connecticut Journal of International Law 13Google Scholar

COHEN, Marc J. and BROWN, Mary Ashby, “Access to Justice and the Right to Adequate Food: Implementing Millennium Development Goal One” (2005) 6 Sustainable Development Law and Policy 54Google Scholar

Anthony Paul KEARNS III, “The Right to Food Exists via Customary International Law” (1998) 22 Suffolk Transnational Law Review 223Google Scholar

EIDE, Asbjorn, OSHAUG, Arne, and EIDE, Wenche Barth, “The Food Security and the Right to Food in International Law and Development” (1991) 1 Transnational Law and Contemporary Problems 415Google Scholar

10. CESCR General Comment No. 12: The Right to Adequate Food, UN Doc. E/C.12/1999/5 (1999).

11. Ibid., para. 1.

12. Ibid., para. 15.

13. Ibid.

14. UN Food and Agricultural Organization, Constitutional and Legal Protection of the Right to Food Around the World (Rome: FAO, 2011)Google Scholar

15. Palestine Gazette, Supplement 1, No. 1178, 19 March 1942, at 5.

16. DRAYTON, Robert Harry, ed., The Laws of Palestine in Force on the 31st Day of December 1933 (London: Waterlow and Sons, 1934) at 1039Google Scholar

17. Jordan Official Gazette No. 486, 17 January 1953, at 486.

18. Palestine Gazette No. 54, 23 April 2004, at 14 (citing Public Health Law No. 20 of 2004) [Public Health Law No. 20].

19. Ibid., art. 2.

20. Ibid., art. 16.

21. Ibid., arts. 19, 20.

22. Ibid., art. 27.

23. Palestine Gazette No. 36, 19 March 2001, at 63.

24. Palestine Gazette No. 63, 27 April 2006, at 29.

25. MATEU, Nuria Amarilla, “Future Liability for Defects in Information Provided in Food Health Claims Begins with the Right to Information on Food Health” (2007) 4 European Food and Feed Law Review 223Google Scholar

26. Palestine Gazette No. 47, 30 October 2003, at 23.

27. See further Decree-Law on the Repression of Fraud and Adulteration No. 11 of 10 June 1966, Palestine Gazette, Special Edition, 10 August 1966, at 3; Marketing Agricultural and Animal Products Law No. 88 of 21 September 1966, Jordan Official Gazette No. 1956, 16 October 1966, at 2079; Natural Resources Law No. 1 of 24 January 1999, Palestine Gazette No. 28, 13 March 1999, at 10; Environment Law No. 7 of 28 December 1999, Palestine Gazette No. 32, 29 February 2000, at 38.

28. Regulations of Food Inspection and Limitation of Prices No. 33 of 10 August 1959, Jordan Official Gazette No. 1439, 1 September 1959, at 769; Decision of the Minister of Supply on Frozen Meat No. 3 of 3 July 1999, Palestine Gazette No. 31, 13 December 1999, at 41; Ministerial Decree on the Analysis Samples of Food Materials and Chemical Products No. 1 of 25 September 2002, Palestine Gazette No. 44, 31 March 2002, at 82; Ministerial Decree on Food Materials and Commodities No. 1 of 23 March 2003, Palestine Gazette No. 45, 24 May 2003, at 83; Decision of the Minister of Agriculture No. 1 of 28 August 2004 on the Registration and Types of Permitted Agricultural Blights Herbicides, Palestine Gazette No. 52, 18 January 2005, at 302; and Decision of the Minister of Economy No. 6 of 5 May 2010 on the Price of Bread, Palestine Gazette No. 88, 15 December 2010, at 144.

29. Mateu, supra note 25Google Scholar

30. COOK, Kate, “The Right to Food and the Environment” (2010) 12 Environmental Law Review 1CrossRefGoogle Scholar

DUMAS, Graham Frederick, “A Greener Revolution: Using the Right to Food as a Political Weapon against Climate Change” (2010) 43 New York University Journal of International Law and Politics 107Google Scholar

31. Friant-PERROT, Marine and RIHOUEY, Lise, “Failure of Conciliation Talks on the Use of Animal Cloning for Food: The Consumer's Right to Make Informed Food Choices” (2011) European Journal of Risk Regulation 414Google Scholar

GANESH, Aravind R., “The Right to Food and Buyer Power” (2010) 11 German Law Journal 1190Google Scholar

ORIOLA, Taiwo A., “Consumer Dilemmas: The Right to Know, Safety, Ethics, and Policy of Genetically Modified Food” (2002) Singapore Journal of Legal Studies 514Google Scholar

32. HOWARD-HASSMAN, Rhoda E., “Faminogenesis: State Policies that Undermine the Right to Food” (2011) 29 Netherlands Quarterly of Human Rights 560CrossRefGoogle Scholar

NIERENBERG, Lily Endean, “Reconciling the Right to Food and Trade Liberalization: Developing Country Opportunities” (2011) 20 Minnesota Journal of International Law 619Google Scholar

KONG, Karen, “The Right to Food for All: A Right-Based Approach to Hunger and Social Inequality” (2009) 32 Suffolk Transnational Law Review 525Google Scholar

33. CESCR, supra note 10 at para. 15.

34. Law on the Administration and Development of Orphans’ Properties Institution No. 14 of 28 September 2005, Palestine Gazette No. 60, 9 November 2005, at 22.

35. Rights of People with Disabilities Law No. 4 of 9 August 1999, Palestine Gazette No. 30, 10 October 1999, at 36. This law includes the following social rights for the benefit of people with disabilities: rehabilitation programmes at low or no cost (art. 5); exemption from taxes, customs, and fees (art. 6); free health care (art. 10); and requiring that buildings and policies be designed in such a way as to meet the needs of persons with special needs (arts. 12−17). See also Decision of the Council of Ministers No. 50 of 23 May 2006 on the Establishment of the Disabled Fund for Lending and Employment at the Ministry of Social Affairs, Palestine Gazette No. 68, 7 March 2007, at 97.

36. Law Concerning the Ministry of Social Affairs No. 14 of 23 February 1956, Jordan Official Gazette No. 1265, 17 March 1956, at 1367, art. 4; Decision of the Council of Ministers No. 96 of 10 September 2007 on the Exemption of Children of Poor Families and Children of Unemployed Persons from School Fees, Palestine Gazette No. 77, 9 October 2008, at 156; and Decision of the Council of Ministers No. 206 of 4 December 2004 on the Establishment of the Committee of the Administration of Aid to Citizens in Need, Palestine Gazette No. 54, 23 April 2005, at 138.

37. Law of Alimony Fund No. 6 of 26 April 2005, Palestine Gazette No. 55, 27 June 2005, at 10.

38. Decision of the Council of Ministers No. 21 of 28 June 2010 on Securing the Needs of Prisoners in Israeli Custody, Palestine Gazette No. 90, 30 March 2011, at 98; and Regulation No. 23 of 28 June 2010 on Prisoners’ Salary, Palestine Gazette No. 90, 30 March 2011, at 103.

39. Decision of the Council of Ministers No. 19 of 4 January 2010 on the Exemption of Liberated Prisoners from School and University Tuition, Fees of Health Insurance and Rehabilitation Programmes, Palestine Gazette No. 90, 30 March 2011, at 93.

40. Decision of the Council of Ministers No. 157 of 6 September 2005 on Remunerations for the Aid of Unemployment and Temporary Employment, Palestine Gazette No. 64, 31 May 2006, at 306; and Presidential Decree concerning the Establishment of the Fund for Employment and Social Protection for Workers No. 9 of 20 May 2003, Palestine Gazette No. 46, 16 August 2003, at 17.

41. Decision of the Council of Ministers No. 127 of 18 September 2006 on Compensation for Demolished Houses, Palestine Gazette No. 69, 27 April 2007, at 192 [Decision 2006].

42. HOSPES, Otto, “Overcoming Barriers to the Implementation of the Right to Food” (2008) European Food and Feed Law Review 246Google Scholar

NARULA, Smita, “The Right to Food: Holding Global Actors Accountable under International Law” (2006) 44 Columbia Journal of Transnational Law 691Google Scholar

43. CESCR, supra note 10 at para. 29 (emphasis in the original).

44. GOLAY, Christophe and BUSCHI, Michaela, The Right to Food and Global Strategic Frameworks (Rome: FAO, 2012)Google Scholar

ZIEGLER, Jean, GOLAY, Christophe, MAHON, Claire, and WAY, Sally-Anne, The Fight for the Right to Food: Lessons Learned (London: Palgrave Macmillan, 2011)CrossRefGoogle Scholar

PILLAY, Sukanya, “India Sinking: Threats to the Right of Food, Food Security and Development in an Era of Economic Growth” (2009) 27 Windsor Yearbook of Access to Justice 127CrossRefGoogle Scholar

45. See e.g. Permanent Sovereignty of the Palestinian People in the Occupied Palestinian Territory, Including East Jerusalem, and of the Arab Population in the occupied Syrian Golan over Their Natural Resources, UN GA Res. 66/225 (2012).

46. HAUGEN, Hans Morten, “Food Sovereignty—An Appropriate Approach to Ensure the Right to Food” (2009) 78 Nordic Journal of International Law 263 at 266CrossRefGoogle Scholar

47. Ibid., at 263.

48. Ibid.

49. KARDOS, Gabor, “The Internationally Recognized Right to Housing: Implications and (Some) Applications” (2010) 7 Miskolc Journal of International Law 24Google Scholar

WOLF, Ralph, “Participation in the Right of Access to Adequate Housing” (2007) 14 Tulsa Journal of Comparative and International Law 269Google Scholar

KABIR, Abul Hasnat Monjurul, “Development and Human Rights: Litigating the Right to Adequate Housing” (2002) 3 Asia-Pacific Journal on Human Rights and the Law 97CrossRefGoogle Scholar

50. Herman von HEBEL, “The Implementation of the Right to Housing in Article 11 of the U.N. Covenant on Economic, Social and Cultural Rights” (1987) 20 Newsletter 26 at 27Google Scholar

51. CESCR General Comment No. 4: The Right to Adequate Housing, UN Doc. E/1992/23 (1991) [CESCR No. 4].

52. Ibid., para. 8.

53. Palestine Gazette, Special Edition, 19 March 2004, at 5.

54. Cf. Michelle KELLY-LOUW, “The Right of Access to Adequate Housing” (2007) 15 Juta's Business Law 35 (“the right to housing in the constitution of South Africa”).

55. CESCR No. 4, supra note 51, at para. 8.

56. Aref RAMADAN, ed., Completion of Laws: Ottoman Laws Valid in Arab States Detached from the Ottoman Government, vol. 3 (Beirut: Science Press, 1928) at 7Google Scholar

Drayton, supra note 16 at 1001Google Scholar

57. No. 62 of 6 April 1953, Jordan Official Gazette No. 1140, 16 April 1953, at 661. This law strictly limits the eviction of tenants to cases such as non-payment of rent or inflicting damage on the property. In the absence of one of these grounds, the tenant may remain in the rented property indefinitely. This approach in the law may affect the right of owners to obtain equitable reimbursement of the actual value of the rent and could discourage investment in this sector. For this reason, the law ought to be replaced with a view to striking a balance between the rights of landholders and tenants.

58. No. 1 of 6 January 1996, Palestine Gazette No. 11, 11 February 1996, at 22.

59. HOPKINS, Cf. Nicholas and LAURIE, Emma, “Housing or Property—The Dynamics of Housing Policy and Property Principles in the Right to Buy” (2006) 26 Legal Studies 65CrossRefGoogle Scholar

60. Land Acquisition for Public Purposes Ordinance No. 24 of 10 December 1943, Palestine Gazette No. 1305, 1 December 1943, at 50; and Land Acquisition for Public Schemes Law No. 2 of 18 December 1952, Jordan Official Gazette No. 1130, 1 January 1953, at 433.

61. Palestine Gazette No. 20, 29 November 1997, at 5.

62. Housing Cooperative Societies Regulation No. 42 of 27 September 1959, Jordan Official Gazette No. 1447, 17 October 1959, at 881; Decision on the Allocation of State Lands for Housing Cooperative Societies No. 45 of 2 April 1997, Palestine Gazette No. 17, 30 April 1997, at 47; Decision of the Minister of Public Works and Housing No. 1 of 19 February 2004 on the Regulation of Selling and Leasing of Real Estates Owned by the Ministry, Palestine Gazette No. 49, 17 June 2004, at 223; and Decision of the Minister of Public Works and Housing No. 1 of 9 April 2012 on the Regulation of Selling of Houses in the Ministry's Housing Projects, Palestine Gazette No. 96, 10 June 2012, at 67.

63. BARBER, Cf. Rebecca J., “Protecting the Right to Housing in the Aftermath of Natural Disaster: Standards in International Human Rights Law” (2008) 20 International Journal of Refugee Law 432CrossRefGoogle Scholar

64. OLDS, Kyra, “The Role of Courts in Making the Right to Housing a Reality Throughout Europe: Lessons from France and the Netherlands” (2011) 28 Wisconsin International Law Journal 170Google Scholar

FARRELL, James, “The Road Home: Australians’ Right to Adequate Housing” (2009) 34 Alternative Law Journal 227CrossRefGoogle Scholar

65. OTUBU, Cf. Akintunde, “Fundamental Right to Property and Right to Housing in Nigeria: A Discourse” (2011) Acta Universitatis Danubius Juridica 25Google Scholar

MUBANGIZI, John C., “Protecting Human Rights Amidst Poverty and Inequality: The South African Post-Apartheid Experience on the Right of Access to Housing” (2008) 2 African Journal of Legal Studies 130CrossRefGoogle Scholar

CHENWI, Lilian, “Putting Flesh on the Skeleton: South African Judicial Enforcement on the Right to Adequate Housing of Those Subject to Evictions” (2008) 8 Human Rights Law Review 105CrossRefGoogle Scholar

RAND, Jordan, “A Fundamental Human Right: Expanding Access to Affordable Housing for Latin America's Low and Middle-Income Families” (2007) 13 Law and Business Review of the Americas 945Google Scholar

JOSEPH, Sarah, “The Right to Housing, Discrimination, and the Roma in Slovakia” (2005) 5 Human Rights Law Review 347CrossRefGoogle Scholar

66. Report of the UN Special Rapporteur on Adequate Housing: Visit to Occupied Palestinian Territories, UN Doc. E/CN.4/2003/5 (2002), paras. 79−80 [UN Special Rapporteur].

67. “Israel's Policies Violate Right to Housing and Need Urgent Revision—UN Independent Rights Expert” Office of the High Commissioner for Human Rights Press Release (13 February 2012), online: Office of the High Commissioner 〈http://www.ohchr.org〉.

68. UN Special Rapporteur, supra note 66 at para. 83.

69. CESCR No. 4, supra note 51 at para. 12.

70. Ibid., paras. 13, 14, 19.

71. Ibid., paras. 15, 17.

72. CESCR General Comment No. 14: The Right to the Highest Attaiable Standard of Health, UN Doc. E/C.12/2000/4 (2000) [CESCR No. 14].

73. KAPINDU, Redson Edward, “Poverty Reduction Strategies and the Right to Health and Housing: The Malawian and Ugandan Experiences” (2006) 6 African Human Rights Law Journal 493Google Scholar

74. MEIER, Benjamin Mason, “Global Health Governance and the Contentious Politics of Human Rights: Mainstreaming the Right to Health for Public Health Advancement” (2010) 46 Stanford Journal of International Law 1Google Scholar

ROBINSON, W. Courtland, “The Right to Health and Basic Services” (2010) 41 Studies in Transnational Legal Policy 207Google Scholar

YAMIN, Alicia Ely, “The Right to Health: Assessing How Far the Discourse Has Evolved Internationally and Within the United States” (2010) 104 American Society of International Law Proceedings 14Google Scholar

ZAIDI, Sarah, “Millennium Development Goal 6 and the Right to Health: Conflictual or Complementary” (2010) 12 International Journal on Human Rights 123Google Scholar

GEVERS, Sjef, “The Right to Health Care” (2004) 11 European Journal of Health Law 29CrossRefGoogle Scholar

CHIRWA, Danwood, “The Right to Health in International Law: Its Implications for the Obligations of State and Non-State Actors in Ensuring Access to Essential Medicine” (2003) 19 South African Journal on Human Rights 54Google Scholar

FRIESEN, Tamara, “The Right to Health Care” (2001) 9 Health Law Journal 205Google Scholar

HENDRIKS, Aart, “The Right to Health” (1994) 1 European Journal of Health Law 187CrossRefGoogle Scholar

75. ICESCR, supra note 3 at art. 12(2)(a).

76. The Palestinian Child Law of 2004, Palestine Gazette No. 52, 18 January 2005, at 13, art. 23(2) (directs the Minister of Health to issue a regulation that specifies the form and content of this card. The regulation has not been enacted so far).

77. Ibid., art. 22(2).

78. Ibid., art. 24.

79. Ibid., art. 26.

80. Ibid., art. 27.

81. Palestine Gazette No. 52, 18 January 2005, at 263.

82. Ibid., art. 6(A).

83. JOHNSON, L.S., “Right to Maternal Health Care: Developing International Human Rights Law to Prevent Maternal Mortality” (2010) 11 University of Botswana Law Journal 39Google Scholar

84. Public Health Law No. 20, supra note 18, arts. 4−8 (child health rights), and arts. 80 and 81 (penalties for those who break the law).

85. SIFRIS, Cf. Ronli, “Restrictive Regulation of Abortion and the Right to Health” (2010) 18 Medical Law Review 185CrossRefGoogle Scholar

86. Palestine Gazette No. 68, 7 March 2007, at 10.

87. Chuan-feng, Cf. WU, “State Responsibility for Tobacco Control: The Right to Health Perspective”(2008) 3 Asian Journal of WTO and International Health Law and Policy 379Google Scholar

88. Regulation No. 393 of 13 September 2005 on Transportation Law No. 5 of 2000, Palestine Gazette No. 66, 22 July 2006, at 45, arts. 226, 246.

89. Palestine Gazette No. 54, 23 April 2005, at 90.

90. Regulation of the Licensing of the Radio, Television, Satellite, and Wireless Stations of 2004, art. 12(iv.5). Also Instructions of the Quality of the Environment Authority on the Protection of Food from Radiation Contamination of 7 April 2003, Palestine Gazette No. 45, 24 May 2003, at 113.

91. Jordan Official Gazette No. 1413, 14 February 1959, at 173.

92. Decision of the Council of Ministers No. 113 of 9 August 2004 on the Regulation of the Public Health Insurance, Palestine Gazette No. 52, 18 January 2005, at 263, Annex 2.

93. Palestine Gazette No. 39, 25 November 2001, at 7.

94. Ibid., art. 103. This period is below the international standard of a minimum of fourteen weeks as provided in the Convention Concerning the Revision of the Maternity Protection Convention (Revised), 1952 (ILO Convention No. 183), 15 June 2000, 88th ILC session (entered into force 7 February 2002), art. 4(1).

95. Palestine Gazette No. 39, supra note 93, art. 104.

96. Ibid., art. 105.

97. Penal Code Ordinance No. 74, 14 December 1936, Palestine Gazette, Supplement 1, No. 652, 14 December 1936, at 399 (e.g. arts. 165, 167, 184−88, 226−29, 253, 260 (Gaza Strip)); Penal Code No. 16, 10 April 1960, Jordan Official Gazette No. 1487, 1 May 1960, at 374 (e.g. arts. 279, 287−91, 298, 305, 314, 331 (West Bank)).

98. QAFISHEH, Mutaz, “Juvenile Justice System in Palestine: Current Situation and Reform Prospects” (2011) 25 International Journal for Law, Policy, and the Family 365CrossRefGoogle Scholar

99. BARNES, Cf. Joelle, “Not Too Great Expectations: Considering the Right to Health Care in Prisons and Its Constitutional Implementation” (2009) 22 South African Journal of Criminal Justice 39Google Scholar

100. Family Law (Order No. 303), 10 February 1954, Palestine Gazette (Gaza Strip), No. 35, 15 June 1954, at 869; Personal Status Law No. 61, 1 December 1976, Jordan Official Gazette No. 2668, 1 December 1976, at 2756; Personal Status and Endowments of the Arab Anglican Community Law, 1954 (a scanned copy of this law is available at the Palestinian Legal and Judicial System “Al-Muqtafi”, Institute of Law, Birzeit University, Palestine; no publisher or publication date); and Code of Cannon Law, 25 January 1983 (London: Collins Liturgical Publishers, 1983).

101. Alternative Families Regulations No. 70, 20 July 1963, Jordan Official Gazette No. 1704, 15 August 1963, at 1053.

102. KENNEDY, Cf. Charlene and COVELL, Katherine, “Violating the Rights of the Child Through Inadequate Sexual Health Education” (2009) 17 International Journal of Children's Rights 143CrossRefGoogle Scholar

JONSSON, Urban, “An Approach to Assess and Analyze the Health and Nutrition Situation of Children in the Perspective of the Convention on the Rights of the Child” (1997) 5 International Journal of Children's Rights 367CrossRefGoogle Scholar

FOX, Sanford J. and YOUNG, Diony, “International Protection of Children's Right to Health: The Medical Screening of Newborns” (1991) 11 Boston College Third World Law Journal 1Google Scholar

103. CESCR No. 14, supra note 72 at para. 15.

104. See generally Labour Law of 2000, supra note 93.

105. Regulations on First Aid Medication in Work Installations No. 17 of 22 December 2003, Palestine Gazette No. 49, 17 June 2004, at 163.

106. Decision of the Council of Ministers No. 24 of 22 December 2004 on Regular Medical Examination, Palestine Gazette No. 49, 17 June 2004, at 191.

107. Instructions of the Minister of Labour No. 1 of 20 February 2005 on the Precautions to Protect Workers in Construction and Engineering Structures, Palestine Gazette No. 55, 27 June 2005, at 214. These instructions correspond to the standards laid down in the Convention Concerning Safety and Health in Construction (ILO Convention No. 167), 20 June 1988, 75th ILC session (entered into force 11 January 1991).

108. Instructions of the Minister of Labour No. 2 of 20 February 2005 on the Safety Standards and Levels of Harmful Chemicals and Dusts Permitted at Workplaces, Palestine Gazette No. 55, 27 June 2005, at 231. Cf. Convention Concerning Safety in the use of Chemicals at Work (ILO Convention No. 170), 25 June 1990, 77th ILC session (entered into force 4 November 1993).

109. Instructions of the Minister of Labour No. 7 of 20 February 2005 on the Protection of Workers in Gas and Petroleum Materials, Palestine Gazette No. 55, 27 June 2005, at 254. Cf. Convention Concerning the Protection of Workers against Occupational Hazards in the Working Environment Due to Air Pollution, Noise, and Vibration (ILO Convention No. 148), 20 June 1977, 63rd ILC session (entered into force 11 July 1979); and Convention Concerning Safety in the Use of Asbestos (ILC Convention No. 162), 24 June 1986, 72nd ILC session (entered into force 16 June 1989).

110. Instructions of the Minister of Labour No. 3 of 20 February 2005 on the Annual Permitted Dose for Workers in Ionic X-Ray, Palestine Gazette No. 55, 27 June 2005, at 244. Cf. Convention Concerning the Protection of Workers against Ionizing Radiations (ILO Convention No. 115), 22 June 1960, 44th ILC session (entered into force 17 June 1962).

111. Instructions by the Minister of Labour No. 4 of 20 February 2005 on the Safe Levels of the Extremity of Noise at Workplaces, Palestine Gazette No. 55, 27 June 2005, at 247.

112. Instructions of the Minister of Labour No. 5 of 20 February 2005 on the Safe Levels of the Brightness of Light at Workplaces, Palestine Gazette No. 55, 27 June 2005, at 249.

113. Instructions of the Minister of Labour No. 6 of 20 February 2005 on the Safe Levels of Temperatures at Workplaces, Palestine Gazette No. 55, 27 June 2005, at 251.

114. Convention Concerning the Minimum Age for Admission to Employment of 26 June 1973 (ILO Convention No. 138), (entered into force 19 June 1976), art. 2(3).

115. Labour Law, supra note 93, art. 93.

116. Ibid., art. 95.

117. Ibid., arts. 96, 98.

118. Ibid., art. 94.

119. Convention Concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour (ILO Convention No. 182), 17 June 1999, 87th ILC session (entered into force 19 November 2000); Convention Concerning Medical Examination for Fitness for Employment in Industry of Children and Young Persons (ILO Convention No. 77), 9 October 1946, 29th ILC session (entered into force 29 December 1950); Convention Concerning Medical Examination of Children and Young Persons for Fitness for Employment in Non-Industrial Occupations (ILO Convention No. 78), 9 October 1946, 29th ILC session (entered into force 29 December 1950); Convention Concerning the Restriction of Night Work of Children and Young Persons in Non-Industrial Occupations (ILO Convention No. 79), 9 October 1946, 29th ILC session (entered into force 29 December 1950); and Convention Concerning the Night Work of Young Persons Employed in Industry (ILO Convention No. 90), 10 July 1948, 31st ILC session (entered into force 12 June 1951).

120. Regulations on First Aid Medication in Work Installations No. 17, supra note 105 at art. 101. Cf. Convention Concerning Employment of Women during the Night (ILO Convention No. 4), 28 November 1919, 1st ILC session (entered into force 13 June 1921).

121. Decision Concerning the Work of Women Overnight, Council of Ministers No. 14, 22 December 2003, Palestine Gazette No. 49, 17 June 2004, at 152.

122. Labour Law, supra note 93, arts. 116−28.

123. Local Government Law, art. 15(A)(items 3, 5, 8, 9, 19, 23, 24).

124. Jordan Official Gazette No. 1952, 25 September 1966, at 1921 (citing Towns and Villages Planning and Buildings Law No. 79 of 1966).

125. Ibid., arts. 14−15, 19, 43, 48, 52, 60, 67.

126. The Environment Law, supra note 27, art. 13.

127. Ibid., art. 28.

128. Ibid., arts. 29−30.

129. Ibid., arts. 37−38.

130. Palestine Gazette No. 43, 5 September 2002, at 5 (citing Water Law No. 3 of 2002).

131. Agriculture Law, supra note 26, art. 54.

132. Ibid., art. 55.

133. Ibid., art. 65.

134. Ibid., arts. 67−76.

135. Public Health Law, supra note 18, art. 42.

136. Ibid., art. 45.

137. The Child Law, supra note 76, art. 27.

138. Public Health Law, supra note 18, art. 44.

139. No. 15 of 23 December 1952, Jordan Official Gazette No. 1131, 17 January 1953, at 460. See also Food Control (Alcoholic Liquors—Restriction of Manufacture) Order, 18 September 1943, Palestine Gazette, Supplement 2, No. 1290, 23 September 1943, at 1087.

140. Dangerous Drugs Rules, 12 September 1936, Palestine Gazette, Supplement 2, No. 635, 1 October 1936, at 1392; Order on Dangerous Drugs (West Bank) No. 558 of 16 February 1975, Proclamations, Orders and Appointments (Israeli Occupation, West Bank), No. 34, 24 December 1975, at 1355; and Presidential Decree No. 3 on the Establishment of the High Committee for the Prevention of Illegal Drugs and Mental Inebriations, 24 June 1999, Palestine Gazette No. 62, 25 March 2006, at 119.

141. Penal Code of 1936, arts. 15, 101, 234; Penal Code of 1960, arts. 390−2.

142. Ramadan, supra note 56 at 380.

143. Regulation of Contagious and Infectious Diseases of 13 April 1914, Ramadan, supra note 56 at 397.

144. Accidents and Occupational Diseases Notification Ordinance of 12 May 1945, Palestine Gazette, Supplement 1, No. 1409, 13 May 1945, at 93.

145. Order Relating to Notification of Deaths and Births as well as Vaccination and Diseases No. 33 of 25 July 1948, Palestine Gazette No. 2, 31 March 1950, at 54.

146. Decision of the Council of Ministers on the Plan of Action for the Control of Prevalent Ocular Diseases of 15 October 1961, Jordan Official Gazette No. 1581, 16 November 1961, at 1513.

147. Proclamation on the Public Health (Contagious Diseases) of 4 November 1984, Proclamations, Orders and Appointments (Israeli Occupation, Gaza Strip) No. 74, 15 October 1986, at 7933.

148. Examples from the Palestinian Authority-enacted legislation will follow in this section.

149. Public Health Law, supra note 18, arts. 9−45.

150. Child Law, supra note 76, arts. 24−28, 45−47.

151. The Agriculture Law, supra note 26, arts. 2(3), 45−7. Also Regulation on Licensing the Construction of Animal Yards, 10 July 2003, Palestine Gazette No. 44, 31 March 2003, at 225; and Council of Ministers Decision No. 243 on Fish Protection, 20 October 2005, Palestine Gazette No. 64, 31 May 2006, at 425.

152. Council of Ministers No. 47 of 22 March 2004, Palestine Gazette No. 52, 18 January 2005, at 123.

153. Ibid., at 144.

154. See Instructions of the Minister of Labour No. 7, supra note 109.

155. Council of Ministers Decision No. 380 of 26 December 2005, Palestine Gazette No. 65, 14 June 2006, at 428, art. 13.

156. Quality of Environment Authority of 7 April 2003, Palestine Gazette No. 45, 24 May 2003, at 113.

157. Regulations on First Aid Medication in Work Installations No. 17, supra note 105.

158. Council of Ministers No. 18 of 29 September 2008, Palestine Gazette No. 81, 9 May 2009, at 67.

159. Public Health Law, supra note 18, art. 46.

160. Ibid., arts. 46−57.

161. Ibid., art. 1.

162. Ibid., arts. 62−4.

163. Ibid., arts. 65−72.

164. Drayton, supra note 16 at 1286.

165. Jordan Official Gazette No. 168, 15 October 1927, at 49 (West Bank).

166. Palestine Gazette, Supplement 1, No. 1637, 30 December 1947, at 404.

167. Palestine Gazette, Supplement 1, No. 1395, 8 March 1945, at 1.

168. Jordan Official Gazette No. 1179, 17 April 1954, at 322.

169. Jordan Official Gazette No. 1265, 17 March 1956, at 1359.

170. Jordan Official Gazette No. 1323, 17 March 1957, at 283.

171. Jordan Official Gazette No. 1476, 16 March 1960, at 154.

172. Decision of the Council of Ministers No. 89 of 10 September 2007; Palestine Gazette No. 77 of 9 September 2008, at 148.

173. Decision of the Council of Ministers No. 46 of 23 July 2007; Palestine Gazette No. 73, 13 September 2007, at 139.

174. CESCR No. 14, supra note 72 at paras. 33, 50−2.

175. GUTTMACHER, Sally, “HIV Infection: Individual Rights v. Disease Control” (1990) 17 Journal of Law and Society 66CrossRefGoogle Scholar

176. Ramadan, supra note 56 at 289Google Scholar

177. SHAH, Sheetal B., “Illuminating the Possible in the Developing World: Guaranteeing the Human Right to Health in India” (1999) 32 Vanderbilt Journal of Transnational Law 435 at 485Google Scholar

178. Ibid., at 477.

179. WESTERHALL, Lotta, “The Right to Health Care in Sweden” (1996) 3 European Journal of Health Law 163 at 163CrossRefGoogle Scholar

180. Ibid., at 164.

181. EXTER, Andre Den and HERMANS, Bert, “Constitutional Rights to Health Care: The Consequences of Placing Limits on the Right to Health Care in Several Western and Eastern European Countries” (1998) 5 European Journal of Health Law 261 at 271Google Scholar

182. SELLIN, Jennifer, “Justiciablity of the Right to Health—Access to Medicines—The South African and Indian Experience” (2009) 2 Erasmus Law Review 445Google Scholar

MURIU, Daniel Wanjau, “The Imperial-Emancipatory Paradox of International Human Rights: How Useful is the Right to Health in Sub-Saharan Africa?” (2007) 9 International Community Law Review 387CrossRefGoogle Scholar

183. CESCR No. 14, supra note 72 at paras 53−4.

184. Ibid., para. 53.

185. Palestine Gazette No. 65, 14 June 2006, at 522.

186. HUNT, Paul, “Taking Economic, Social and Cultural Rights Seriously” (2006) 31 Alternative Law Journal 120CrossRefGoogle Scholar

187. Hebel, supra note 50 at 27Google Scholar

188. ALSTON, Philip, “The United Nations’ Specialized Agencies and Implementation of the International Covenant on Economic, Social, and Cultural Rights” (1979) 18 Columbia Journal of Transnational Law 79Google Scholar

189. LAMBERTSON, Heidi L., “Swatting a Bug Without a Flyswatter: Minimizing the Impact of Disease Control on Individual Liberty Under the Revised International Health Regulations” (2006) 25 Penn State International Law Review 531Google Scholar