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OpEdNews Op Eds    H3'ed 11/20/10

Unrecognized Palestinians: Illegally Demolishing Their Homes and Villages

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"human dignity is a fundamental constitutional value in our society. No one would dispute that it is necessary to safeguard a person's dignity even if he has failed or fallen into debt, and that he should not be left without a roof over his head."

In Ajouri v. Commander of IDF Forces in the West Bank (2002), the Court held that "A person's home is not only a roof over his head, but also a means for the physical and social location of the person, of his private life and social relations."

Moreover, since Bedouin life is especially harsh, authorities have an added responsibility to ensure shelter. In Commitment to Peace and Social Justice NGO v. The Minister of Finance (2005), the Court ruled that dignity included the right to minimal living conditions to ensure protection for human life. As such, the state is duty bound to care for those with meager means. Retired Chief Justice Barak ruled:

"The basic laws protect the right to dignity, including the aspect of material subsistence required for the exercise of (this right). From this viewpoint, (that entails) the right to conduct his normal life as a human being without his distress defeating him and bringing him to a state of intolerable impoverishment."

International laws also affirm these rights, including the International Covenant on Economic, Social and Cultural Rights. ICESCR's Article 11 defines elements to adequate housing to include:

-- affordability, so that obtaining it doesn't jeopardize other essential needs;

-- a prohibition against discriminatory laws;

-- the right to privacy;

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