Compliance by the State of Israel with its Obligations to Incorporate Norms
Introduced by Human Rights Treaties
 
Supervising Researchers:
Prof. Ruth Lapidoth
Dr. Orna Ben-Naftali
Dr. Yuval Shany
Research Coordinator:
Adv. Keren Michaeli
Research Assistants:
Ms. Ya'ara Alon
Mr. Oded Bakal
Mr. Guy Ophir
Sponsoring Institution: Minerva Center for Human Rights, Law Faculty, Hebrew University
Projected Research Timetable: March 2003-March 2004
Format: Report
The research examines Israel's compliance with certain procedural-type provisions found in the six main human rights treaties to which it is party, that obligate it to introduce legislation incorporating some or all of the treaties' substantive provisions. These seemingly technical provisions could be of vital importance, as they provide international treaty standards with access to domestic avenues of enforcement under national law. In order to undertake the said examination, the research will interpret both ‘framework' provisions (such as article 2 of the ICCPR and the ICESCR) and specific provisions (such as article 20 of the ICCPR and article 4 of CAT); examine the relevant jurisprudence and survey pertinent literature. It will then proceed to examine whether any explicit or implicit incorporation obligations thus identified, were complied with by the State of Israel. The research is designed to spur discussion relating to the need to incorporate human rights standards by legislation, suggest practical measures, and to thus contribute to a better level of incorporation in the future.