4. Conclusion

Assessing when a state party to the Covenant has violated economic, social and cultural rights is sometimes complicated by the “progressive realization” clause of article 2(1). However, in the case of Israel, the violations in question are undeniable for two reasons:

1. Article 2(2) of the Covenant, which prohibits discrimination in access to economic, social and cultural rights, is not subject to the progressive realization clause. The Israeli policies detailed above apply to Palestinians but not to Jewish settlers living in the OPT, and therefore constitute blatant discrimination in access to food, health care, housing, work, education and an adequate standard of living.

2. Israeli violations are based on the regressive impact of their policies. In its General Comment No. 4, the Committee observed that State Parties may not adopt regressive measures that result, for example, in “a general decline in living and housing conditions directly attributable to policy and legislative decisions.”

Israeli policies of occupation, expropriation and blockade are deliberate acts of state that discriminate against Palestinians and regressively impact their enjoyment of the full range of economic, social and cultural rights. The necessary remedy does not require any positive action by Israel in the way of providing food or health care to Palestinians, but only the negative duty to stop preventing Palestinians from feeding and caring for themselves.

CESR urges the Committee to condemn these grave Israeli violations of Palestinians’ economic, social and cultural rights, and call for an immediately lifting of the military siege of Palestinian cities and town in the OPT, consistent with its finding in the 19^th Session regarding Israel’s closure policy. CESR also urges the Committee to express grave concern over Israel’s failure to respect the right of Palestinians to self-determination, as recognized in article 1(1) of the Covenant.