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STUDY GUIDES: Israeli Law Israeli Military Orders International Law International Court of Justice Advisory Opinion on Wall

Background
Principles
  • II. LAWS LEGALIZING DISCRIMINATION & EXPLOITATION - laws that legalize discrimination against non-Jews within Israel, and oppression and exploitation of Palestinian Arabs living in the adjacent occupied Paletinian territories ...

Point to be
Examined
    • 5. Racist Harassment in Daily Life.

Details
Requested

International Human Rights Law concerning this form of discrimination. Here is what some of the international laws say about this particular kind of discrimination - unequal access and participation in government:

  • 1. Universal Declaration of Human Rights (10 December 1948)
    • Article 3. Everyone has the right to life, liberty and security of person.
    • Article 5. No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
    • Article 6. Everyone has the right to recognition everywhere as a person before the law.
    • Article 7. All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.
    • Article 8. Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.
    • Article 12. No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.

  • 2. International Convention on the Elimination of All Forms of Racial Discrimination (21 December 1965)
    • Article 5. In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights:
      • (b) The right to security of person and protection by the State against violence or bodily harm, whether inflicted by government officials or by any individual group or institution;
      • (f) The right of access to any place or service intended for use by the general public, such as transport hotels, restaurants, cafes, theatres and parks.
    • Article 6. States Parties shall assure to everyone within their jurisdiction effective protection and remedies, through the competent national tribunals and other State institutions, against any acts of racial discrimination which violate his human rights and fundamental freedoms contrary to this Convention, as well as the right to seek from such tribunals just and adequate reparation or satisfaction for any damage suffered as a result of such discrimination.

  • 3. International Covenant on Civil and Political Rights (16 December 1966)
    • Article 17.
      • 1. No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation.
      • 2. Everyone has the right to the protection of the law against such interference or attacks.

  • 4. International Covenant on Economic, Social and Cultural Rights (16 December 1966)

    * NOT APPLICABLE TO THIS COVENANT *

  • 5. International Covenant on the Suppression and Punishment of the Crime of Apartheid (18 July 1976)
    • Article II.
      • a. Denial to a member or members of a racial group or groups of the right to life and liberty of person:
        • i. By murder of members of a racial group or groups;
        • ii. By the infliction upon the members of a racial group or groups of serious bodily or mental harm, by the infringement of their freedom or dignity, or by subjecting them to torture or to cruel, inhuman or degrading treatment or punishment;
        • iii. By arbitrary arrest and illegal imprisonment of the members of a racial group or groups;


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(C) Israel Law Resource Center, February, 2007.

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