II. Any Way Out?
Is There a Possibility to Protect and Enhance Individual Human Rights
in Relation to the Question of Palestinian Refugees?
Reliance can be made on the International Covenant of Civil and Political Rights, which applies obviously to refugees. Rights referred to in the Covenant are the "individual" rights. Generally speaking, civil rights apply to all regardless of equal treatment, their nationality or even their not having a nationality. Since the Covenant requires that the rights recognized are entitled to the "individual", rights of refugees remain protected, and they shall enjoy the minimum level of the basic content of civil and political rights.
The Conventions Relating to the Status of Refugees emphasized the right to enjoy fundamental rights and freedoms (comprehensive coverage of rights), not to cause any infringement to the items of the Convention that would be a violation to the Declaration of Human Rights and the Charter of the United Nations itself. That emphasis appeared in the preamble of the Convention for the Status of Refugees:
"Considering that the Charter of the United Nations and the Universal Declaration of Human Rights approved on 10 December 1948 by the General Assembly have affirmed the principle that human beings shall enjoy fundamental rights and freedoms without discrimination".
Then the Convention adopts a comprehensive protection program for refugees and provides a system that ensures the refugees described in the Convention all rights included in the international statutes. It also recommends and authorizes the Refugee Agency to represent refugees and protest against governments on behalf of them, in order to ensure protection needed to them.
The Universal Declaration of Human Rights stipulates that all rights are interrelated, inseparable, unchangeable in position, dependent on and supporting each other. Put differently, the United Nations agencies, which are bound by the Resolutions adopted and accredited by the United Nations General Assembly, should in performing its functions respect all the rights of refugees, whether political, civil, economic, of social. At the worst, they shall still be able to enjoy the minimal level of the fundamental content of such rights.
The International Covenant of Civil and Political Rights affirmed the importance of providing effective ways of complaining for individuals who claim that their rights are violated. It highlighted the importance of increasing the possibilities of complaining. Any person is entitled to the right to defend his rights, and the Covenant postulates that complaining is one of the rights recognized for everyone.