PALESTINE-SOGI-TBs-CCPR

Concluding Observations on Report 1 (2023) (Link)

Non-discrimination

11. The Committee notes the information provided by the State party that a definition of discrimination has been included in the draft decree-law on protection of the family from violence, and also in the recommendations by the Legislative Harmonization Committee following its review of the Labour Code. It remains concerned, however, about the absence of comprehensive anti-discrimination legislation providing full and effective protection against all forms of discrimination prohibited under the Covenant, including direct, indirect and multiple discrimination, and effective remedies in judicial and administrative proceedings for victims. The Committee is also concerned about reports of discrimination, stigmatization, harassment and violence, including by law enforcement officials, against persons on the basis of their real or perceived sexual orientation or gender identity, Bedouin persons and persons with disabilities, and the lack of adequate investigations conducted into such acts (arts. 2, 3, 7, 17 and 26).

12. The Committee recommends that the State party:

(a) Consider enacting comprehensive anti-discrimination legislation that provides full and effective protection against discrimination in all spheres and contains a comprehensive list of prohibited grounds for discrimination, in accordance with the Covenant, including sexual orientation and gender identity, and provides for effective remedies in case of violations;

(b) Take steps to combat stereotypes about and negative attitudes towards persons on the basis of their sexual orientation or gender identity, Bedouin persons and persons with disabilities, including training and awareness-raising programmes for law enforcement officials;

(c) Ensure that all acts of discrimination, stigmatization, harassment and violence against persons on the basis of their sexual orientation or gender identity, Bedouin persons and persons with disabilities are promptly and effectively investigated, that perpetrators are prosecuted and, if convicted, punished with penalties commensurate with the gravity of the offence and that victims receive full reparation.

 

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Right to privacy

37. The Committee is concerned about the incompatibility with the Covenant of Decree-Law No. 10 of 2018 regarding cybercrime, including the provisions that electronic search and wiretapping measures may be authorized by the Prosecutor General and are not subject to judicial review. The Committee is also concerned about the lack of sufficient safeguards against arbitrary interference with the right to privacy in the form of surveillance, interception activities, access to personal data, and the diffusion of personal data with a view to discrediting opposition leaders, activists, and individuals on the basis of their gender, gender identity and sexual orientation. The Committee is particularly concerned about reports that the Preventive Security Service, which conducts electronic surveillance, is granted extensive monitoring powers, and that the existing oversight mechanism over its activities is not effective (art. 17).

38. In the light of the Committee’s general comment No. 16 (1988) on right to privacy, the State party should:

(a) Ensure that any interference with the right to privacy, including activities carried out by the Preventive Security Service under Decree-Law No. 10 of 2018 regarding cybercrime, is subject to judicial review and to effective and independent oversight mechanisms;

(b) Bring regulations governing data retention and access, surveillance and interception activities into conformity with the Covenant, and ensure strict adherence to the principles of legality, proportionality and necessity;

(c) Ensure that no personal data is shared arbitrarily;

(d) Strengthen existing monitoring mechanisms to ensure that all allegations of abuse are thoroughly investigated, that such investigations lead to appropriate sanctions where warranted and that victims have access to effective remedies in cases of abuse.

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