2020-11-12

West Bank

West Bank / Core Program / position paper

A Memo to the Military Judicial Authority on the Rights of Women Working in the Security Services

His Excellency the Head of the military judiciary, General. Ismael Farraj,

Subject: the Rights of Women Working in the Security Services

MUSAWA- the Palestinian Center for the Independence of the Judiciary and the Legal Profession extends its warmest greetings to you, noting that the center received a complaint stating that women in the military are deprived of basic rights guaranteed by article 9 of the Basic Law, which prohibits discrimination between Palestinians based on gender, and contrary to the principles and constitutional rights contained in the first and second titles of the Basic Law, the Universal Declaration of Human Rights, the International Bill of Rights and, in particular, the International Covenant on Economic, Social and Cultural Rights. This deprivation of rights takes many forms, among which is prohibiting female military personnel from registering their children in the State Health Insurance Service, and denying them the opportunity to complete their postgraduate studies before completing five years of service at the military service.

MUSAWA believes that this complaint entails discrimination against women contrary to the Basic Law and a derogation of the employment rights adopted in the public service. Among these employment rights is the State health insurance, which, according to the laws in force, all civil and military public officials, both male and female, shall enjoy equally. Regarding the second part of the complaint, the requirement of five years of active service in the military as a prerequisite for completing higher academic studies is an excessive bureaucratic procedure that has a negative impact, not only on women's rights but also on the sustainable development of the whole society.

We, therefore, ask your excellency to address the contents of this memo and to take the needed legal measures to embody the principle of equality between public officials, in recognition of the constitutional values and principles and safeguarding the rights of Palestinian women in general, and military women in particular, within the framework of your competence and authority, and to reply to this memo duly.

Issued on 12/11/2020

With All Due Respect,

MUSAWA

Ms. Ahlam Tarayra, Executive Director