The Health Blockade: Israel Continues Denying Leave Permits To Gaza Patients

11-10-2022

Annachiara Canetta

Middle East and Human Rights Researcher

Global Human Rights Defence

According to the latest WHO report on access to health in Palestine, only 58% of patient requests to leave Gaza for medical treatment have been approved by the Israeli Ministry of Defense in the month of August 2022, with 31% of applications concerning children under 18 and 19% concerning  patients over 60 years old. [1]

Since the beginning of the blockade in Gaza 15 years ago, Israel has been implementing a permit regime to restrict the access of Palestinian patients to hospitals in East Jerusalem, the West Bank and Israel. [2] Meanwhile the health sector in Gaza has been subject to “de-development”: the number of hospital beds, nurses and doctors available per person has been reduced, adding to the situation caused by the long-term shortage of medications and medical supplies. [3]

Israel is party to various treaties [4] upholding the right to health, including the International Covenant on Economic, Social and Cultural Rights. [5] The right to health, as defined by Article 12 of the Covenant, means that everyone is entitled to “the enjoyment of the highest attainable standard of physical and mental health”, with Article 12.2 (d) stressing the importance of an equal access to health facilities, goods and services. [6]

As occupying power, and according to the Fourth Geneva convention, Israel has the duty to respect, protect and fulfill the right of those in Palestine to the highest attainable standard of health and wellbeing. [7] The Palestinian Authority is also responsible for protecting the right to health of those under its juridsiction, as signatory to the International Covenant on Economic, Social and Cultural Rights [8]; however, the blockade on Gaza and the permit system impose serious difficulties to the fulfillment of this duty [9]. 

Sources and further reading:

[1] World Health Organization. (2022, September 27). Health Access Barriers for Patients in the Occupied Palestinian Territory.

https://www.emro.who.int/images/stories/palestine/AUG_2022_Monthly.pdf?ua=1

[2]  World Health Organization. (2022). 15 Years Of Blockade And Health In Gaza. http://www.emro.who.int/images/stories/palestine/documents/15_years_of_blockade_and_health_in-gaza.pdf?ua=1 

[3] World Health Organization. Regional Office for the Eastern Mediterranean. (2017). Right to Health. http://www.emro.who.int/images/stories/who_right_to_health_book_for_web.pdf?ua=1%26ua=1 

[4] Israel is signatory to various treaties upholding the right to health, both of general application and aimed at specific groups, such as: the International Convention on the Elimination of All Forms of Racial Discrimination (art. 5 (e) (iv)), the Convention on the Elimination of All Forms of Discrimination against Women (arts. 11 (1) (f), 12 and 14 (2) (b)), the International Covenant on Economic, Social and Cultural Rights (art. 12), the Convention on the Rights of the Child (art. 24).

[5] United Nations General Assembly. (1966).  International Covenant on Economic, Social and Cultural Rights, art. 12.1. https://www.ohchr.org/en/instruments-mechanisms/instruments/international-covenant-economic-social-and-cultural-rights 

[6] United Nations General Assembly. (1966).  International Covenant on Economic, Social and Cultural Rights, art. 12.1. https://www.ohchr.org/en/instruments-mechanisms/instruments/international-covenant-economic-social-and-cultural-rights 

[7] Geneva Convention Relative To The Protection Of Civilian Persons In Time Of War, Arts. 55, 56, 59. https://www.un.org/en/genocideprevention/documents/atrocity-crimes/Doc.33_GC-IV-EN.pdf 

[8] United Nations General Assembly. (1966).  International Covenant on Economic, Social and Cultural Rights, art. 12.1. https://www.ohchr.org/en/instruments-mechanisms/instruments/international-covenant-economic-social-and-cultural-rights 

[9] World Health Organization. Regional Office for the Eastern Mediterranean. (2017). Right to Health. http://www.emro.who.int/images/stories/who_right_to_health_book_for_web.pdf?ua=1%26ua=1