a checkpoint, for example in Jerusalem.268 This means that, regardless of the
efficiency of the bureaucratic system, a significant period of time passes until a
Palestinian receives the medical care that he or she needs. This is illustrated by
the increasing number of Palestinian births taking place at home, rising from
just eight percent in 1999, to 33 percent in 2002.269 These figures illustrate
how Palestinian families are increasingly considering it to be safer to stay at
home rather than risk being denied crossing at a checkpoint on their way to
a hospital. In fact, between the years 2000 to 2007, ten percent of pregnant
Palestinian women were denied or delayed at checkpoints, resulting in 69
births at checkpoints as well as 35 infant and five maternal deaths.270
Restrictions on the Right to Adequate Housing
Israel’s obligation as an occupying power to protect the right of Palestinians
to adequate housing is clearly stated in international law, including under
Article 11 (1) of the International Covenant of Economic, Social and Cultural
Rights and, according to General Comment No. 4 of the UN Committee on
Economic, Social and Cultural Rights,271 Article 11 (1) does not simply protect
the right to have a roof over one’s head, but in fact protects the right to live
somewhere “in security, peace and dignity”.272 During the most recent visit
of the Special Rapporteur on adequate housing to Israel and the oPt, the
mandate holder expressed grave concerns as to how Israel uses its permit
regime to severely restrict the Palestinian right to adequate housing. She
reported that Israeli authorities refuse to approve, or disproportionally delay,
projects aimed at improving housing and vital services in the oPt, including
the denial of authorization to import construction materials into the Gaza
Strip.273 The Special Rapporteur further noted, that:
“[...] in very different legal and geographical contexts, from Galilee
and the Negev to the West Bank, she received multiple similar
268 World Health Organization, “Right to Health: Barriers to health access in the occupied Palestinian
territory, 2011 and 2012”, WHO, 2013, page 9. Available at: http://www.emro.who.int/images/
stories/palestine/documents/who_access_report-march_5_2013.pdf
269 HailaShoaibi, “Childbirth at checkpoints in the occupied Palestinian territory”, The Lancet, 5 July 2011.
Available at: http://www.thelancet.com/pb/assets/raw/Lancet/abstracts/palestine/palestine2011-4.
pdf
270 Ibid.
271 UN Committee on Economic, Social and Cultural Rights (CESCR), “General Comment No. 4: The Right
to Adequate Housing (Art 11 (1) of the Covenant)”, United Nations, 13 December 1991. Available at:
http://www.refworld.org/docid/47a7079a1.html
272 Ibid. Page 2
273 Raquel Rolnik, “Report of the Special Rapporteur on adequate housing as a component of the right to
an adequate standard of living, and on the right to non-discrimination in this contest. Mission to Israel
and the Occupied Palestinian Territory”, United Nations, 24 December 2012, page 19. Available at:
http://www.ohchr.org/Documents/HRBodies/HRCouncil/RegularSession/Session22/A-HRC-22-46_
Add1_en.pdf
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