Palestine

Palestine has a tumultuous history and disputed territorial boundaries. The region holds a population of approximately 4 million, of which the vast majority are Sunni Muslim. There are small communities of Christians and Jews. In the Israeli-Palestinian conflict religion and ethnicity are often closely linked.

Constitution and government Education and children’s rights Family, community, society, religious courts and tribunals Freedom of expression advocacy of humanist values
State legislation is partly derived from religious law or by religious authorities
Systemic religious privilege results in significant social discrimination
It is made difficult to register or operate an explicitly Humanist, atheist, secularist or other non-religious NGO or other human rights organization
‘Blasphemy’ is outlawed or criticism of religion (including de facto ‘blasphemy’ laws) is restricted and punishable with a prison sentence
There is systematic religious privilege
Religious or ideological instruction is mandatory in at least some public schools (without secular or humanist alternatives)
Some religious courts rule in civil or family matters on a coercive or discriminatory basis
Constitution and government
State legislation is partly derived from religious law or by religious authorities
There is systematic religious privilege
Education and children’s rights
Religious or ideological instruction is mandatory in at least some public schools (without secular or humanist alternatives)
Family, community, society, religious courts and tribunals
Systemic religious privilege results in significant social discrimination
It is made difficult to register or operate an explicitly Humanist, atheist, secularist or other non-religious NGO or other human rights organization
Some religious courts rule in civil or family matters on a coercive or discriminatory basis
Freedom of expression advocacy of humanist values
‘Blasphemy’ is outlawed or criticism of religion (including de facto ‘blasphemy’ laws) is restricted and punishable with a prison sentence
Use of Conscientious Objection clauses resulting in the denial of lawful services to women and LGBTI+ people
Religious or ideological instruction is mandatory in all or most state-funded schools with no secular or humanist alternative
Insufficient information or detail not included in this report
Insufficient information or detail not included in this report
The state is secular, with separation of religious and political authorities, not discriminating against any religion or belief
Insufficient information or detail not included in this report
Insufficient information or detail not included in this report
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Countries: no countries relate to this boundary condition

No condition holds in this strand
No condition holds in this strand
No condition holds in this strand
Religious courts or tribunals rule directly on some family or ‘moral’ matters; it is legally an opt-in system, but the possibility of social coercion is very clear
No condition holds in this strand
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Countries: no countries relate to this boundary condition

Localised or infrequent but recurring and widespread social marginalisation or prejudice against the non-religious
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This condition is unusual in that it is applied in cases where there is some social discrimination, but it is not pervasive or nationwide. This condition is applied when there is sufficient background evidence to warrant the assertion that discrimination is not anomalous but widespread, and this condition may be applied for example even where if there is no legislative discrimination or where the non-religious may have legal recourse against such discrimination. However, societal discrimination (i.e. discrimination by peers, as opposed to state or legal discrimination) is not easily measured, and for this reason the Report does not currently have similar more severe boundary conditions to capture higher levels of social discrimination per se. In principle these may be introduced in future. However, we consider that countries with actual higher levels of social discrimination against the non-religious will generally already meet other higher level (more severe) boundary conditions under this thematic strand.

Countries: Botswana, Greece, Serbia, United States of America

The dominant influence of religion in public life undermines the right to equality and/or non-discrimination
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Applied when the influence of religion on public life undermines others’ rights, such as SRHR, women’s rights, LGBTI+ rights.

May be applied when the influence is overt (i.e. when religious laws are applied to undermine others’ rights) or covert (i.e. where religious pressure groups exert influence to affect policy)

Countries: Andorra, Antigua and Barbuda, Armenia, Bahamas, Belize, Bolivia, Brunei Darussalam, Congo, Democratic Republic of, Croatia, Cuba, Dominica, Dominican Republic, El Salvador, Eswatini, Fiji, Gambia, Ghana, Guatemala, Guinea, Hungary, Iran, Italy, Jamaica, Jordan, Liberia, Lithuania, Mexico, Moldova, Montenegro, Mozambique, Nicaragua, North Macedonia, Oman, Paraguay, Qatar, Romania, Russia, Saint Lucia, Saint Vincent and the Grenadines, Saudi Arabia, Senegal, Slovakia, Solomon Islands, Sri Lanka, Suriname, Timor-Leste (East Timor), Trinidad and Tobago, Ukraine, Zambia

The non-religious are persecuted socially or there are prohibitive social taboos against atheism, humanism or secularism
Complete tyranny precludes all freedoms of expression and thought, religion or belief
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Applied when overriding acts of oppression by the State are extreme, to the extent that the question of freedom of thought and expression is almost redundant, because all human rights and freedoms are quashed by authorities.

Countries: North Korea

Expression of core Humanist principles on democracy, freedom and human rights is brutally repressed
Expression of non-religious views is severely persecuted, or is rendered almost impossible by severe social stigma, or is highly likely to be met with hatred or violence
There is significant social marginalisation of the non-religious or stigma associated with expressing atheism, humanism or secularism
Religious or ideological indoctrination is utterly pervasive in schools
There is a nominal state church with few privileges or progress is being made toward disestablishment
The non-religious are barred from some government offices (including posts reserved for particular religions or sects)
‘Apostasy’ is outlawed and punishable with a prison sentence
‘Apostasy’ or conversion from a specific religion is outlawed and punishable by death
Some religious courts rule in civil or family matters on a coercive or discriminatory basis
Religious authorities have supreme authority over the state
Preferential treatment is given to a religion or religion in general
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This condition is applied where there are miscellaneous indicators that organs of the state offer various forms of support for a religion, or to religion in general over non-religious worldviews, suggesting a preference for those beliefs, or that the organs of that religion are privileged.

Countries: Albania, Algeria, Andorra, Antigua and Barbuda, Argentina, Australia, Austria, Bahamas, Belize, Bhutan, Bosnia and Herzegovina, Brazil, Burundi, Canada, Cape Verde, Chile, Colombia, Croatia, Cyprus, Czech Republic, Denmark, Dominican Republic, Equatorial Guinea, Eritrea, Ethiopia, Finland, Germany, Ghana, Guatemala, Guyana, Haiti, Iceland, India, Indonesia, Ireland, Israel, Italy, Jamaica, Japan, Kuwait, Kyrgyzstan, Liberia, Lithuania, Luxembourg, Madagascar, Malawi, Malaysia, Mali, Malta, Mauritania, Mauritius, Montenegro, Mozambique, Nepal, New Zealand, Nigeria, North Macedonia, Oman, Panama, Paraguay, Peru, Philippines, Poland, Qatar, Romania, Rwanda, San Marino, Serbia, Seychelles, Sierra Leone, Singapore, Slovakia, Solomon Islands, Sri Lanka, Tajikistan, Tanzania, Timor-Leste (East Timor), Tunisia, Turkey, Tuvalu, United Kingdom, Vanuatu, Venezuela, Zimbabwe

There is a pattern of impunity or collusion in violence by non-state actors against the nonreligious
State-funded schools provide religious education which may be nominally comprehensive but is substantively biased or borderline confessional
Religious or ideological instruction in a significant number of schools is of a coercive fundamentalist or extremist variety
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This condition highlights countries where schools subject children to fundamentalist religious instruction with no real opportunity to question fundamentalist tenets, or where lessons routinely encourage hatred (for example religious or ethnic hatred). The wording “significant number of schools” is not given a rigid quantification (sometimes the worst-offending schools are unregistered, illegal, or otherwise uncounted); however the condition is not applied in cases where only a small number of schools meet the description and may be anomalous, as opposed to being indicative of a widespread problem.

Countries: Bangladesh, Pakistan, Saudi Arabia

State legislation is largely or entirely derived from religious law or by religious authorities
Religious or ideological instruction is mandatory in at least some public schools (without secular or humanist alternatives)
‘Blasphemy’ or criticism of religion is outlawed and punishable by death
Government figures or state agencies openly marginalize, harass, or incite hatred or violence against the non-religious
It is illegal to advocate secularism or church-state separation, or such advocacy is suppressed
Quasi-divine veneration of a ruling elite is enforced, or a single-party regime holds uncontested power, subject to severe punishment
Legal or constitutional provisions exclude non-religious views from freedom of belief
It is illegal to register an explicitly Humanist, atheist, secularist or other non-religious NGO or other human rights organization, or such groups are persecuted by authorities
There is a religious tax or tithing which is compulsory, or which is state-administered and discriminates by precluding non-religious groups
The non-religious are barred from holding government office
Some concerns about children's right to specifically religious freedom
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This condition may apply if specifically religious education, religious materials, or specific religious denominations are so tightly controlled that children are in fact over-protected from exposure to religion and are likely unable to explore or construct their own worldview in accordance with their evolving capacities. This condition helps us to classify states (perhaps with secular constitutions) which have criminalized specifically religious beliefs or practices. This condition is not applied if the restricted beliefs or practices are found to be outlawed due to their being of an extremist variety. While this condition does not directly reflect discrimination against non-religious persons or non-religious ideas, it does represent an overall threat to freedom of thought, conscience, religion or belief; such restrictions could spill over to affect non-religious beliefs later; and they pose a risk of backlash against over-zealous secular authorities or even against non-religious individuals by association.

Countries: China, Congo, Democratic Republic of, Cuba, Equatorial Guinea, Ethiopia, Guinea, Guyana, Italy, Kazakhstan, Laos, Madagascar, Mexico, North Macedonia, Romania, Serbia, Tajikistan, Togo, Turkmenistan, Uzbekistan, Zimbabwe

It is illegal or unrecognised to identify as an atheist or as non-religious
It is made difficult to register or operate an explicitly Humanist, atheist, secularist or other non-religious NGO or other human rights organization
Legend
 
Severe Discrimination
Systemic Discrimination
More information about rating table

Constitution and government

Freedom of religion or belief and freedom of expression in various parts of the “Palestinian Territories” fall under the jurisdiction of the Palestinian Authority (in much of the West Bank), or Israel, or Hamas (in the Gaza Strip). The Palestinian Authority (PA)—a quasi-sovereign entity created by the 1993 Oslo Accords—is effectively fractured in two halves—the West Bank controlled by the Fatah-dominated PA, and the Gaza Strip controlled by Hamas. Freedom of religion or belief faces significant government restrictions in both territories. Further, Israel controls some of the occupied territories like East Jerusalem.

Palestinian Basic Law states that Islam is the official religion and Sharia is the main source of legislation. The Palestinian Authority nominally recognizes international human rights standards, which include freedom of thought and expression, as well as freedom of association and assembly. However, these are only selectively enforced and are frequently violated by the various governing authorities.

The PA does not recognize certain religious groups, for example Protestants. Religious affiliation is declared on identification papers. Further, there is no official process to gain recognition and consequently, every religious group has to seek agreements with the PA. Proselytizing is restricted and the authorities control Friday sermons, to prevent preaching that encourages violence or anti-Semitic rhetoric. However, PA official media, as well as street graffiti, sometimes presents messages of religious intolerance or anti-Semitism.

The government pays the construction and maintenance of mosques and the salaries of most imams, and gives some limited support to Christian organizations. However, the authorities do not provide financial support for Jewish institutions. Converts, particularly Muslims and Christians converting to another faith, face societal abuses and discrimination.

The introduction to the Hamas Charter outlines the intention to eliminate the state of Israel within an explicitly fundamental religious paradigm, which states “For our struggle against the Jews is extremely wide-ranging and grave, so much so that it will need all the loyal efforts we can wield, to be followed by further steps and reinforced by successive battalions from the multifarious Arab and Islamic world, until the enemies are defeated and Allah’s victory prevails”. Article 7 reinforces Hamas’ objective to exterminate members of the Jewish faith via quotes from the Islamic hadith: “The time will not come until Muslims will fight the Jews (and kill them); until the Jews hide behind rocks and trees, which will cry: O Muslim! there is a Jew hiding behind me, come on and kill him!”

Hamas has established a morality police to enforce a strict interpretation of Islamic law and moral code. For instance, women were arrested for committing ethical crimes such as illegitimate pregnancy or inappropriate clothing. However, Hamas generally tolerates the small Christian community in Gaza and some Muslims students attend Christian schools.

Education and children’s rights

Religious education is compulsory in primary school for all students in PA schools. The religion classes are divided in Muslim and Christian courses.

Family, community and society

Family Law

In matters of personal status law Christians and Muslims are allowed to follow their own religious laws in separate religious courts. These courts handle legal matters of family law, which includes inheritance, divorce, child custody, and marriage. The religious Islamic (Hanafi) family law is based on Jordanian and Egyptian law.

The religious family law discriminates women in general. Women can not marry without the consent of their male guardian. Men can marry Christian or Jewish women, women are not allowed to marry a non-Muslim man. Men are favored in child custody. Women inherit less than men, for instance a daughter inherits only the half of a son. Muslim men are allowed to repudiate their wife, however, it is difficult for women to obtain a divorce and limited to several conditions. Women can obtain a divorce with the Islamic principle of “khula”, where the woman forfeits financial support and her dowry, but only under the condition, that her husband agrees.

There are no laws against domestic violence and women would face pressure from their families not to report it in order not to bring shame on their family. Spousal rape is not criminalized. In other cases of rape, the rapist can escape punishment by marrying his victim. There are also no laws prohibiting sexual harassment. It is reported, that some families practice female genital mutilation (FGM) in Gaza, but no numbers exist. So-called honour killings are known to occur. Abortion is criminalized and only acceptable, if the woman’s life is in danger.

Interfaith romantic relationships face considerable societal and family opposition. Families sometimes disown Christian and Muslim women, who marry outside their faith. Some Jewish organizations run a hotline to inform on Israeli-Palestinian couples.

Freedom of expression, advocacy of humanist values

The media are not free in the West Bank. Under a 1995 PA press law, journalists may be fined and jailed, and newspapers closed, for publishing “secret information” on PA security forces or news that might harm national unity or incite violence. Journalists who criticize the PA or Fatah face arbitrary arrests, threats, and physical abuse. Since 2007, both the PA and Israeli forces have shut down most Hamas-affiliated radio and television stations in the West Bank.  Media outlets that are not under the control of Fatah are routinely harassed, when they are not shut down altogether.

The media are not free in Gaza. In 2008, Hamas replaced the PA Ministry of Information with a government Media Office and banned all journalists not accredited by it. The authorities also closed down all media outlets not affiliated with Hamas.

There is very limited freedom of assembly in the West Bank. The PA requires permits for demonstrations, and those against PA policies are usually denied a permit and forcibly dispersed if they still take place. The Israeli Defense Force also routinely breaks up demonstrations in the West Bank, often with force, occasionally with deadly force. Freedom of association and assembly are severely restricted in Gaza, with the authorities frequently using force to disperse peaceful demonstrations.

“Blasphemy”

The PA Basic Law declares Islam to be the official religion of Palestine and states that “respect and sanctity of all other heavenly religions (Judaism and Christianity) shall be maintained.” In the West Bank territories governed by the Palestinian Authority, the old Jordanian law against “defaming religion” is still in force and may result in a maximum penalty of life imprisonment.

Hamas authorities in Gaza have enforced orthodox Sunni Islamic practices and conservative dress, and have regularly harassed worshippers at non-Hamas-affiliated mosques.

Highlighted cases

On Oct. 31, 2010, a 26-year-old blogger was arrested in the West Bank for posting allegedly blasphemous comments on Facebook and his blog. Waleed Hasayin, who used the named Waleed al-Husseini online, described himself as “an atheist from Jerusalem-Palestine” and wrote that God is “a primitive Bedouin and anthropomorphic” and that “people are free to think and believe in whatever suits them.”  He was charged with “defaming religion”. Hasayin was released in 2012 and fled to Europe.