A/HRC/10/8/Add.2
page 5
II. INTERNATIONAL LEGAL STANDARDS
6.
The Special Rapporteur would like to refer to previous reports1 with regard to the main
international legal standards pertinent to her mandate. These include articles 2, 18-20 and 26-27
of the International Covenant on Civil and Political Rights; article 13 of the International
Covenant on Economic, Social and Cultural Rights; article 2 of the Convention on the
Elimination of All Forms of Discrimination against Women; article 5 of the International
Convention on the Elimination of All Forms of Racial Discrimination; articles 2, 14 and 30 of
the Convention on the Rights of the Child; and article 12 of the International Convention on the
Protection of the Rights of All Migrant Workers and Members of Their Families. Apart from the
latter, Israel has ratified all of the above-mentioned human rights treaties.
7.
Upon ratification of the Convention on the Elimination of All Forms of Discrimination
against Women, the State of Israel expressed its reservation with regard to article 7 (b) of the
Convention concerning the appointment of women to serve as judges of religious courts where
this is prohibited by the laws of any of the religious communities in Israel and with regard to
article 16 of the Convention to the extent that the laws on personal status which are binding on
the various religious communities in Israel do not conform with the provisions of that article.
Upon ratification of the International Covenant on Civil and Political Rights, the State of Israel
reserved the right to apply the religious law of the parties concerned to the extent that such law is
inconsistent with its obligations under the Covenant.
8.
The Special Rapporteur is also guided in her mandate by other relevant declarations,
resolutions and guidelines of various United Nations bodies, including by the General Assembly,
the Human Rights Committee, the former Commission on Human Rights and the Human Rights
Council. Of these instruments, most relevant for the mandate are articles 2, 18 and 26 of the
Universal Declaration of Human Rights as well as the 1981 Declaration on the Elimination of
All Forms of Intolerance and of Discrimination Based on Religion or Belief.
9.
The legal framework of her mandate also includes relevant provisions of international
humanitarian law, in particular the four Geneva Conventions of 12 August 1949 and their
Additional Protocols. As emphasized for example by the Human Rights Committee, the
application of international humanitarian law and of international human rights law is not
mutually exclusive, but is complementary.2 With regard to the applicability in the Occupied
1
See E/CN.4/2005/61, paras. 15-20 and E/CN.4/2006/5, annex, as well as the online digest of
her framework for communications (www2.ohchr.org/english/issues/religion/standards.htm).
2
Human Rights Committee, general comment No. 31 (2004): “the Covenant applies also in
situations of armed conflict to which the rules of international humanitarian law are applicable.
While in respect of certain Covenant rights, more specific rules of international humanitarian law
may be especially relevant for the purpose of the interpretation of the Covenant rights, both
spheres of law are complementary, not mutually exclusive”. See also the joint report on the
situation of detainees at Guantánamo Bay (E/CN.4/2006/120, paras. 15-16), where the
five Special Procedures mandate-holders refer to the International Court of Justice Advisory
Opinions of 8 July 1996 (I.C.J. Reports 1996, page 240, para. 25) and of 9 July 2004 (I.C.J.
Reports 2004, page 178, para. 106).