PALESTINIAN TERRITORIES
West Bank and Gaza Strip
As-Sulta Al-Wataniyya Al-Filastīniyya
(administered by the Palestine National Authority)
Joined United Nations:  22 November 1974
(Palestine Liberation Organization Observer Status)
Human Rights as assured by their constitution
Updated 12 September 2012
CHAPTER TWO
GENERAL RIGHTS, LIBERTIES AND DUTIES

Article (19)
Palestinians are equal before the law. They enjoy civil and political rights and bear public duties without discrimination.
The term ‘Palestinian’ or ‘Citizen’ wherever it appears in the constitution refers to both, male and
female.

Article (20)
Human rights and liberties are binding and must be respected. The state shall guarantee religious, civil, political, economic, social and
cultural rights and liberties to all citizens on the basis of equality and equal opportunity.
Persons are not deprived of their legal competence, rights and basic liberties for political reasons.

Article (21)
Every Palestinian who has reached the age of eighteen years shall have the right to vote in accordance with the provisions of the law.
All those who bear Palestinian nationality shall have the right to enter presidential elections and/or House of Representatives membership
and/or assume a ministerial or judicial position.
The law regulates age and other prerequisites to accede to those posts.

Article (22)
Women shall have their own legal personality and independent financial assets. They shall have the same rights, liberties, and duties as
men.

Article (23)
Women shall have the right to participate actively in the social, political, cultural and economic aspects of life. The Law shall strive to
abolish restraints that prevent women from contributing to the building of family and society.
The constitutional and legal rights of women shall be safeguarded; and any violation of those rights shall be punishable by law. The law
shall also protect their legal inheritance.

Article (24)
Children shall have all the rights guaranteed by the “Charter of the Rights of the Arab Child” .

Article (25)
The right to life is guaranteed by the Constitution.

Article (26)
Individuals shall have the right to personal safety.
Physical or psychological torture of human beings, as well as their inhuman treatment and subjection to harsh, undignified and humiliating
punishment is prohibited. Those who plan, perform, or take part in such actions, shall be deemed criminal and are punishable by law and
their crime shall not lapse by prescription.
Confessions proven to be extorted under duress or serious threat shall not be considered proof of guilt. Those who carry out such actions
will be prosecuted.

Article (27)
Scientific or medical experimentation on a human being without his prior legal consent is forbidden. No surgery, medical examination, or
treatment shall be performed on a person, except in accordance with the law.
The law shall govern the transplant of organs, cells and other, new scientific developments, consistent with legitimate, humanitarian
purposes.

Article (28)
Every person has the right to freedom and personal safety. Such right may not be violated, except in cases and in accordance with
procedures stipulated by law.
A person may not be arrested, searched, imprisoned or restrained in any way, except by order of a competent judge or public prosecutor
in accordance with the law. This is to safeguard the security of the society. A person shall be immediately informed of the offense with
which he is charged in a language he can understand and is henceforth entitled to a lawyer and shall be immediately brought before the
competent judicial authority. The law shall define the conditions of provisional detention. Any person illegally arrested, imprisoned, or
restrained shall be entitled to compensation.

Article (29)
The accused is innocent until proven guilty by a fair trial wherein he shall be afforded the guarantees of self defense.
The accused shall be granted all guarantees necessary for his self defense, pro se, or through the assistance of an attorney of his choice in
a public hearing. If he cannot afford one, the court will appoint him a lawyer free of charge.

Article (30)
Detainees and those deprived of liberty shall be treated humanely and with dignity.
In executing sentences, the basic global principles approved by the United Nations for the treatment of prisoners shall be considered.In the
sentencing of minors and in the execution thereof, their reform, education and rehabilitation shall be considered.

Article (31)
Citizens shall have the right to choose their place of residence and to travel within the state of Palestine. No person may be denied the
right to travel from Palestine except by a legally issued court order. Likewise a Palestinian may not be deported or prevented from
returning to his country, and may not be extradited.

Article (32)
A foreign political refugee who legally enjoys the right of asylum may not be extradited. The extradition of ordinary foreign defendants
shall be governed by bilateral agreements or international conventions.

Article (33)
Litigation is a right guaranteed to all by the state. Each individual shall have the right to resort to his natural judge to defend his rights and
liberties, and to receive compensation for a violation thereof.
The law shall regulate the procedures for litigation in a manner that ensures a speedy disposition of cases without prejudice to the rights of
litigants. In the event of a judicial error, the state shall be obligated to compensate the damaged party. The
law shall govern the conditions and procedures thereof.

Article (34)
There shall be no crime or punishment except as stipulated by law. No sentence shall be executed except by judicial order. Punishment
shall be personal and the individual may not be punished more than once for the same offence. Collective punishment is prohibited. Parity
shall be considered between crime and punishment. There can be no punishment except for acts committed after a law has come into
effect. The law shall regulate, in non-criminal cases, the retroactivity of laws.

Article (35)
The private life of every person, including family matters, residences, correspondence and other means of private communication, shall be
protected and may not be infringed upon except by court order and within the limits of the law. Any consequence of the violation of this
Article is null and void, and those who are harmed as a result thereof shall be entitled to compensation.

Article (36)
Freedom of religion and religious practice is guaranteed by the Constitution.
The state shall guarantee access to holy shrines that are subject to its sovereignty. The state shall guarantee to followers of all
monotheistic religions the sanctity of their shrines in accordance with the historic commitment of the Palestinian people and the
international commitments of Palestine.

Article (37)
Freedom of thought shall be guaranteed. Individuals shall have the right to express their opinions and publicize them in writing, speech,
art, or other means of expression within the provisions of the law.
The law may only apply minimal restrictions on the practice thereof so as to safeguard the rights and liberties of others.

Article (38)
The right to publish newspapers or other means of the media is universal and guaranteed by the constitution. Financial sources for such
purposes shall be subject to legal control.

Article (39)
Freedom of the press, including print, audio, and visual media, and those working in the media, is guaranteed.
The media shall freely exercise its mission and express different opinions within the framework of society’s basic values, while preserving
rights, liberties and public duties in a manner consistent with the rule of law.
The media may not be subject to administrative censorship, hindrance, or confiscation, except by court order in accordance with the law.

Article (40)
Journalists and other citizens shall have the right of access to news and information with transparency in accordance with the law.

Article (41)
Citizens shall have the right to live in an atmosphere of intellectual freedom; participate in cultural life; cultivate their intellectual and
innovative talents; enjoy scientific and artistic progress; and protect their moral and material rights, which may be the product of
scientific, artistic or cultural effort in a manner consistent with society’s basic values and the rule of law.

Article (42)
Education is an individual and social right. Education is compulsory at least until the end of the elementary level. Education shall be
guaranteed by the state in public schools, institutions, and other establishments until the end of the secondary level.
The law shall regulate the state’s supervision of its performance and curricula.

Article (43)
Private education shall be respected, provided that schools, institutions and private educational centers. The law shall regulate the state’s
supervision of its curricula.

Article (44)
The state shall uphold the independence of institutions, universities and research centers that have a scientific purpose. The law shall
regulate the supervision thereof in such a manner so as to safeguard the freedom of scientific research and innovation in all fields. The
state shall, within its capabilities, strive to encourage, support and protect them.

Article (45)
The law shall regulate social security, disability and old age pensions, support to families of martyrs, detainees, orphans, those injured in
the national struggle, and those requiring special care. The state shall guarantee them- within its capabilities- education, health and social
security services and shall give them priority in employment opportunities in accordance with the law.

Article (46)
The state shall organize health insurance as an individual right and a public interest. It shall guarantee, within its capabilities, basic health
care for the indigent.

Article (47)
Through a housing policy founded on collaboration of the state, private sector and banking system, the state shall seek to provide
adequate housing to every citizen. In cases of war and natural disasters, the state shall also seek, within its capabilities, to provide shelter
to the homeless.

Article (48)
The state shall guarantee family, maternal and child care. It shall care for adolescents and the youth. The law shall regulate children,
mother and family rights in accordance with the provisions of international agreements and the ‘Rights of the Arab Child’ charter. In
particular, the state shall seek to protect children from harm, harsh treatment, abuse, and from any work that would endanger their safety,
health and education.

Article (49)
Public property shall be safeguarded and regulated by law so as to guarantee its protection and for it to serve the people’s public interest.
The law shall regulate the ‘Waqf’ [religious endowments] organization and management of its properties and assets.

Article (50)
Private property is protected by law. General confiscation of private property is prohibited.
Confiscation of private property is allowed for public interest and in cases allowed for by law against fair compensation.
Law regulates real estate ownership by foreigners.

Article (51)
Employment is a right of all citizens. The state shall seek to provide work opportunities to the capable through its development and
construction plan, with the support of the private sector. The law shall regulate work relations in such a manner so as to guarantee justice
for all and provide for the protection and security of workers. Work may not be forcibly imposed on citizens. The law shall regulate
adequate remuneration for compulsory work. Workers shall have the right to
establish unions and professional associations at work.

Article (52)
The right to protest and strike shall be exercised within the limits of the law.

Article (53)
Citizens shall have the right to assume public office, on the basis of competence, merit and equal opportunity in accordance with the
requirements of the law.

Article (54)
Based on constitutional rules and legal provisions, every citizen shall have the right to express his views in referenda and elections and run
for election or nominate a person who meets electoral requirements.

Article (55)
All citizens shall have the right to partake, individually or collectively, in political activities, including:
The right to form political parties and/or subscribe thereto, and/or withdrawing there from in accordance with the law;
Formation unions, societies, associations, fraternities, assemblies, clubs, and institutions and/or subscribe thereto and/or withdraw there
from in accordance with the law.
The law shall govern the procedures for acquiring its legal personality.

Article (56)
Every individual shall have the right to organize private meetings in accordance with the law, and without the presence of the police.
Every individual shall have the right to assemble and organize public meetings, and to demonstrate peacefully with others without bearing
arms. The exercise of those two liberties may not be restrained except as mandated by law, consistent with measures acceptable in
democratic society and constitutional rights and liberties.

Article (57)
Every individual shall have the right to address the public authorities, and to present petitions and grievances in writing.

Article (58)
Basic rights and liberties may not be suspended. The law shall regulate those rights and liberties that may be temporarily restricted in
exceptional circumstances in matters related to public security and national safety purposes. The law shall penalize the arbitrary use of
power and authority.

Article (59)
Any violation of the basic general rights and liberties guaranteed by the Constitution or the law,shall be considered a crime. All civil and
criminal lawsuits arising as a result thereof shall not lapse by prescription. The state shall guarantee a just compensation for those who
have been harmed.

Article (60)
An independent general organization shall be legally set up, composed of unofficial legal and political personalities who truly believe in the
rights of the citizen and would volunteer for its defense.
The organization shall be concerned with monitoring the state of the rights and liberties of the citizens, for which purpose it shall have the
competence to obtain official information responsibly and with transparency.
Its employees shall be responsible for any misuse of the information they obtain in matters other than those stipulated by their
incorporating law.
The organization shall have the right to receive grievances from the citizens concerning the actions of the institutions of the state’s
authorities which illegally breaches the rights and basic liberties of the citizen.
It shall have the right to suggest ways to improve the performance of the departments of the state with respect to protecting the rights
and liberties of the citizens. It shall submit its proposals and reports on matters within its supervisory and developmental competence to
the House of Representatives and the president of the state.

Article (61)
The state shall assume responsibility for the safety of persons and property. It protects the rights of every citizen within the state and
abroad.

Article (62)
Defending the nation is sacred duty and serving it is an honor for every citizen. It shall be regulated by law.
Individuals and groups may not bring or bear arms, nor may they illegally possess arms in violation of the provisions of the governing law.

Article (63)
The payment of taxes and general dues is a duty regulated by law.
Public authorities shall support the activities of citizens to protect and improve the quality of the environment.
Direct negotiations to determine the permanent status of Gaza and West Bank began in September 1999
after a three-year hiatus, but were derailed by a second intifadah that broke out in September 2000. In
April 2003 the Quartet (US, EU, UN, and Russia) presented a roadmap to a final settlement of the
conflict by 2005 based on reciprocal steps by the two parties leading to two states, Israel and a
democratic Palestine. The proposed date for a permanent status agreement has been postponed
indefinitely due to violence and accusations that both sides have not followed through on their
commitments. After great effort, with over two hundred meetings, workshops and discussions, the
committee for the preparation of the Constitution, in cooperation with the civil society, academics and
politicians, had achieved by the end of December 2000 the first draft of the Constitutional project
of the State of Palestine. It was published in February 2001  A second draft was proposed in 2002 and a
third draft was adopted and distributed for further discussion and consideration on  7 March 2003. It was
revised again on 25 March, 2003.The constitution has yet to be adopted and may undergo further
revision. As with statehood discussions, constitutional status will be ongoing for the foreseen future. The
rights and liberties of the citizenry are enumerated in Chapter Two and conform with the terms and
obligations as set forth in the 1948 Universal Declaration of Human Rights and are listed below. For a full
English translation of Palestine's proposed constitution, click
here.
Return to Human Rights Report  
Palestinian Territories Main Page