Research Paper : Jerusalemites : Acquired rights and given rights within the UDHR

November 2011

What are the rights we did not receive from occupation What are the rights we want to receive and couldn’t receive?

The General Assembly proclaims The UNIVERSAL DECLARATION OF HUMAN RIGHTS as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction.[1]

However, Israeli occupation continued to violate all basic human rights through its ongoing occupation, in all Palestinian Territory including Jerusalem, as well Palestinians inside Israel, comprehensively through each and every article of the UDHR.

UN Special Rapporteur on the Occupied Palestinian Territory Representative, Richard Falk stated: “1.5 million Israeli Palestinians are horrendously discriminated against by race-based, Nazi-style Apartheid laws; 4 million Occupied Palestinians have NO human rights as specified in Articles 1-30 of the Universal Declaration of Human  Rights”.

A quick preview of the UDHR shows that Palestinians have almost no rights within the umbrella of the international declarations of Human Rights.

Article 1.
All human beings are born free and equal in dignity and rights.They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.
Palestinians with Israeli citizenship (around 1.5 million), suffer from race-based laws in a general overview and comparison with their lives inside Israel. In Jerusalem, despite Israel’s claiming it as a united capital of Israel, Jerusalemites, of East Jerusalem, suffer from the direct based racism that is clearly visible in social participation restrictions and join their other Palestinians peers in the West Bank and Gaza in Bantustans that physically separate people.


Article 2.
Everyone is entitled to all the rights and freedoms outlined in this Declaration, without distinction of any kind, such as race, color, sex, language, religion, political or another opinion, national or social origin, property, birth or another status. Furthermore, no distinction shall be made by the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.

Everything in this article states the Israeli violations towards neglecting Palestinian human rights, and a clear distinction is made by territory …

Article 3.

Everyone has the right to life, liberty, and security of person.

[See #1; also, Palestinians inside Jerusalem have no freedom and safety, whereas Israelis can detain people at any moment under accusations of security reasons.

Article 4.

No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.

See #1 and #2; Jerusalem along with the West Bank and Gaza illegally occupied for over 60 years by Israel, and have been deprived of all Human Rights and are essential “slaves” whose “job” is to validate the continuing Occupation.

Article 5.

No one shall be subjected to torture or cruel, inhuman or degrading treatment or punishment.

Palestinians suffer from degrading treatment each time they stop by a checkpoint from Ramallah or different places in the West Bank to Jerusalem.

Article 6.

Everyone has the right to recognition everywhere as a person before the law.

Israel rejects the authority of the International Criminal Court; ignores UN Security Council Resolution 252 and other UN Resolutions, rejects decisions of the International Court of Justice over the Wall.

Article 7.

All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and any incitement to such discrimination.

See #1-6; the house demolitions and demolition orders, are as well a great example of inequality before the law.

Article 8.

Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.

See #1-7

Article 9.

No one shall be subjected to arbitrary arrest, detention or exile.

See #1-8; many Palestinians are in Israeli detained cells under arrest, and many Jerusalemites are threatened to be exiled.

Article 10.

Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and any criminal charge against him.

See # 1-9.

Article 11.

(1) Everyone charged with a penal offense has the right to be presumed innocent until proved guilty according to the law in a public trial at which he has had all the guarantees necessary for his defense.

(2) No one shall be held guilty of any penal offense on account of any act or omission which did not constitute a penal offense, under the national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offense was committed.

See #1-10;

Article 12.

No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honor and reputation. Everyone has the right to the protection of the law against such interference or attacks.

See #1-11 for absence of protection for Palestinians of properly constituted law for anything – they are subject to collective punishment; the Palestinian representatives are imprisoned, hunted down and are described as “terrorists” by Israel

Article 13.

(1) Everyone has the right to freedom of movement and residence within the borders of each state.

(2) Everyone has the right to leave any country, including his own, and to return to his country.

Palestinians have forbidden freedom of movement and residence within the original Homeland, and also within the Occupied Palestinian Territory; 7 million Indigenous Palestinian refugees are prohibited from returning to their country and their property; movement is blocked by military-guarded roadblocks, the Wall, barbed wire, and settlers-only highways.

Article 14.

(1) Everyone has the right to seek and to enjoy in other countries asylum from persecution.

(2) This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or acts contrary to the purposes and principles of the United Nations.

Palestinian refugees represent the single largest group of refugees in the world and are forbidden to return to their Homeland in a clear violation of International Law;

Article 15.

(1) Everyone has the right to a nationality.

(2) No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.

Israeli -Palestinians have been forced to adopt the race-specific nationality of their colonial Occupiers. Palestinians in Jerusalem have been denied a nation and hence a nationality, and hence, have a limited residency to their city, that is threatened of being taken away for any violation.

Article 16.

(1) Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during the wedding and at its dissolution.

(2) Marriage shall be entered into only with the free and full consent of the intending spouses.

(3) The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.

Checkpoints, Barriers, Walls, made marriages restricted within each one own block. Denying reunification law to Jerusalemites and Palestinians made marriages challenging and families split.

Article 17.

(1) Everyone has the right to own property alone as well as in association with others.

(2) No one shall be arbitrarily deprived of his property.

7 million Palestinians have been deprived of their assets, land, and right of residence in their country.

Israel can demolish any Palestinian house anywhere, under the claim of security reasons.

Palestinians cannot buy in Israel.

Article 18.

Everyone has the right to freedom of thought, conscience, and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.

Muslim and Christian Palestinians are forbidden by Apartheid Israel to attend worship in Jerusalem.

Article 19.

Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

Hamas who was democratically elected in 2006 is declared as a terrorist organization by Israel, their representatives in Jerusalem and elsewhere were imprisoned and killed by Israel.

Article 20.

(1) Everyone has the right to freedom of peaceful assembly and association.

(2) No one may be compelled to belong to an association.

#19; Hamas, has been outlawed by Israel.

Article 21.

(1) Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.

(2) Everyone has the right of equal access to public service in his country.

(3) The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.

see #19 & #20

Article 22.

Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and by the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.

Social security services are bound by restrictions to Jerusalemites; social services are strikingly different from those provided to the Israelis.

Article 23.

(1) Everyone has the right to work, to free choice of employment, to just and favorable conditions of work and to protection against unemployment.

(2) Everyone, without any discrimination, has the right to equal pay for equal work.

(3) Everyone who works has the right to just and favorable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection.

(4) Everyone has the right to form and to join trade unions for the protection of his interests.

Palestinian have restricted employment due to restriction on the barrier , movement, laws, and licensing.

Article 24.

Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.

Article 25.

(1) Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.

(2) Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.

Article 26.

(1) Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made available, and higher education shall be equally accessible to all of the merits.

(2) Education shall be directed to the full development of the human personality and the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance, and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace.

(3) Parents have a prior right to choose the kind of education that shall be given to their children.

Thousands of Jerusalemites students do not have classrooms.

Article 27.

(1) Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.

(2) Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.

Article 28.

Everyone is entitled to a social and international order in which the rights and freedoms outlined in this Declaration can be fully realized.

See #1-#27. Palestinians are denied ALL human rights as defined in the Universal Declaration of Human Rights.

Article 29.

(1) Everyone has duties to the community in which alone the free and full development of his personality is possible.

(2) In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.

(3) These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations.

See # 1-28; Occupied Palestinians are denied ALL human rights as set out in the Universal Declaration of Human Rights].

Article 30.

Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.

Israel has violated ALL Articles of the UN Universal Declaration of Human Rights about ALL Palestinians.

Hence, the questions, what rights do we Palestinians would like to have, seems to be simple to answer. We need simply UDHR to be applied to us normally.


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