E/C.12/1/Add.27
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B.
Positive factors
4.
The Committee welcomes the enactment in 1995 of the National Health
Insurance Law which provides for primary health care and ensures equal and
adequate health services for each citizen and permanent resident of Israel.
The Committee also welcomes the amendment in 1996 of the same law to enable
housewives to receive the minimum old-age pension while remaining exempt from
contributions.
5.
The Committee welcomes the recent establishment of the Authority for the
Advancement of the Status of Women which is vested with advisory powers with
respect to policies to promote gender equality, eliminate discrimination
against women and prevent domestic violence against women.
6.
The Committee takes note of the statement by State party's
representatives that with respect to the Covenant's applicability in the
occupied territories, Israel accepts direct responsibility in some areas
covered by the Covenant, indirect responsibility in other areas and overall
significant legal responsibility across the board. This conforms to the
Committee's view that the Covenant applies to all areas where Israel maintains
geographical, functional or personal jurisdiction.
C.
Factors and difficulties affecting the implementation of the Covenant
7.
The Committee notes that Israel's emphasis on its security concerns,
including its policies on closures, has hampered the realization of economic,
social and cultural rights within Israel and the occupied territories.
D.
Principal subjects of concern
Land and people
8.
The Committee notes with concern that the Government's written and oral
reports included statistics indicating the enjoyment of the rights enshrined
in the Covenant by Israeli settlers in the occupied territories but that the
Palestinian population within the same jurisdictional areas were excluded from
both the report and the protection of the Covenant. The Committee is of the
view that the State's obligations under the Covenant apply to all territories
and populations under its effective control. The Committee therefore regrets
that the State party was not prepared to provide adequate information in
relation to the occupied territories.
Status of the Covenant
9.
The Committee notes that economic, social and cultural rights have not
been granted constitutional recognition in Israel's legal system. The
Committee is of the view that the current Draft Basic Law: Social Rights does
not meet the requirements of Israel's obligations under the Covenant.