The on-going internal Palestinian political divide has had adverse consequences on the human rights situation. With the PLC ceasing to function, the executive branch of government has monopolised both legislative and executive functions. Transparency and public dialogue are largely absent in the law and policy-making processes. The justice system is also compromised by executive interference, leading to an absence of accountability and redress for victims. The executive has further placed increasing restrictions on civil society organisations, (CSO) such as restrictions on financial transactions, including where the salaries of CSO employees are only transferred following the approval of the Ministry of Interior. These restrictions are imposed without any legal basis.
The body of Palestinian legislation in force in the West Bank and Gaza Strip do not contain a definition of “discrimination against women” as found under Article 1 of CEDAW. Operative Palestinian legislation also does not include any provisions to the effect of criminalising any form of discrimination specifically against women.In matters relating to marriage and family relations, the provisions of the 1976 Personal Status Law effective in the West Bank and the 1954 Family Rights Law in force in the Gaza Strip are discriminatory against women and girls. These laws need to be amended and brought in line with CEDAW. Discriminatory provisions particularly affect marriage, divorce, eligibility to choose a husband, polygamy, guardianship, custodianship, adoption, inheritance, child support, common properties, and testimony.
Al Haq doesn't go into detail but in all of these areas women are explicitly given fewer rights than men, or no rights whatsoever. I once summarized it:
Mahmoud Al-Habbash, Chief Justice in the Sharia Courts and Advisor to the President for Religious Affairs [said] the Islamic Sharia takes precedence over international conventions. Al-Habbash affirmed that he would not accept or apply any amendments to relevant laws that contradict the Islamic Sharia, he further asserted that this would not be accepted by the Palestinian President, the PLC, and the Palestinian people.The Palestinian Penal Law does not criminalise marital rape.Palestinian penal legislation criminalises “consensual abortion.”On June 13, 2018...a number of Palestinian women [protesters] were sexually harassed by Palestinian security personnel and aligned individuals in plain clothes. Al-Haq documented cases of these incidents, including where women were sexually harassed, beaten with batons, verbally abused, and sprayed with pepper spray.