states that respect these covenants and the rights enshrined within them avoid measures that deny or prevent the enjoyment of such rights.28 States are obliged to provide protection, which refers to avoiding third-party interference with the enjoyment of such rights. The obligation to ‘fulfill’ means that the state must provide, or at the very least, facilitate the enjoyment of rights by others. Access to services is essential to actualize these fundamental human rights and a derogation of the provision of any such services presents a de facto risk of violating basic human rights. In connection to human rights and basic services, the Committee on Economic, Social and Cultural Rights, which monitors the compliance of state parties to the ICESCR, specified that “the right to housing should not be interpreted in a narrow or restrictive sense which equates it with, for example, the shelter provided by merely having a roof over one’s head. […] Rather it should be seen as the right to live somewhere in security, peace and dignity.”29 The Committee added that the availability of services and infrastructure was among the factors necessary for the provision of adequate housing.30 Discrimination on the “basis of race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status” in the enjoyment of these rights as well as other fundamental freedoms encompassed in the ICESCR and the ICCPR is prohibited.31 The Legal and Judicial System in the oPt since 1967 Immediately after the 1967 War, Military Proclamation 1 announced that Israel had occupied and assumed administrative control of the West Bank and Gaza, which established military rule in the territory; whereas Military Proclamation 2 granted the military commander authority to administer the 28 United Nations Educational, Scientific and Cultural Organization (UNESCO), “State Obligations,” “Normative Action, Education,” n.d., available at: http://www.unesco.org/new/en/education/ themes/leading-the-international-agenda/right-to-education/normative-action/state-obligations/ [accessed 16 August 2017]. 29 UN Committee on Economic, Social and Cultural Rights (CESCR), General Comment No. 4: The Right to Adequate Housing (Art. 11 (1) of the Covenant), 13 December 1991, para. 7, available at: http://www. refworld.org/docid/47a7079a1.html [accessed 16 August 2017]. 30 Ibid. 31 UNGA, ICESCR, art. 2.2, supra note 1.; UNGA, ICCPR, art. 26, supra note 1; UNGA, Universal Declaration, art. 7. 15