Legal obligations
In the context of COVID-19, the following
legal norms apply to protect the
Palestinian refugees in Jordan, Lebanon,
Occupied Palestine and Syria:
The Right to Health
Widely recognized in international law,29
the right to health requires countries to
ensure that the provision of essential
medicines, prevention and treatment are
provided in a non-discriminatory manner.
Access to food, water and sanitation,
safe shelter and education are as part of
realizing the right to health. These rights –
of heightened relevance and importance in
times like the current COVID-19 pandemic
– apply to refugees, including stateless
persons whose lack of effective nationality
must not preclude them from enjoying
the right to health. Nevertheless, in many
host states, access to health care is limited
by discriminatory legislation that charges
Palestinians exorbitant costs for public
health services, while the humanitarian
community is unable to completely cover
gaps in services. Moreover, in occupied
Palestine, Israeli blockades prevent
procurement of medical supplies and
training of medical staff. In Syria, the
West Bank and Gaza, violent attacks,
demolitions and political instability have
negatively affected Palestinian refugees’
access to health care.
The Right to Livelihood30
Countries have the obligation to assist
refugees who lose their jobs and
incomes due to the COVID-19 pandemic
to the same extent that such protection
is afforded to nationals. In addition,
countries are to ensure respect of labor
rights of refugees working in essential
occupations and industries, and in
particular take measures to protect their
health. In several host states, Palestinian
refugees currently lack economic rights
and are, particularly, at risk of immediate
dismissal or suspension of labor. This is
particularly the case for certain groups,
such as ex-Gazans, “non-ID holders” and
PRS. Moreover, many Palestinian refugees
are ineligible to apply for unemployment
benefits.
The Right to Equal Treatment and
Non-Discrimination 31
Host authorities have the obligation
to comply with laws requiring equal
treatment and non-discrimination in
their approach to attempting to halt and
responding to COVID-19. This regards all
persons in the country, irrespective of
their immigration and citizenship status
or the fact of their displacement. Many
Palestinian refugees in the region suffer
from discriminatory legislations and
treatment. In addition, non-discrimination
is critical from a public health standpoint;
since the virus is indiscriminate, adopting
discriminatory policies increases the
risk of further spread of COVID-19 and
threatens the well-being of the entire
country.
International Humanitarian Law
In the context of the ongoing occupation
by Israel of the Gaza Strip and West
Bank (including East-Jerusalem), Israel,
as the occupying power, must take all
necessary measures to effectively protect
Palestinians in times of pandemic by
ensuring hygiene and public health during
an epidemic (Art. 55 and 56 Fourth Geneva
Convention). Moreover, Israel is required
to cooperate effectively with national and
local authorities to protect the population
from the virus (Article 56 of the Fourth
Geneva Convention). Finally, Israel is
also obligated to maintain public order,
protect Palestinian life and property from
all acts of violence or threats thereof, and
9