The right to participation of people living in poverty 2013, para. 83
Paragraph- Paragraph text
- States have three levels of obligations with regard to human rights: to respect; to protect; and to fulfil (E/C.12/GC/21, para. 48). In terms of the right to participation, the obligation to respect requires States to refrain from interfering, directly or indirectly, with the enjoyment of the right. For example, States must not close down participatory spaces, impose censorship, repress public deliberation or retaliate against those who speak out (e.g. through violence, confiscation of property or incarceration). The obligation to protect requires States to take steps to prevent third parties (including business enterprises or private individuals) from interfering in the right to participation. This would include safeguarding participatory spaces, protecting freedom of expression through law and policy, and protecting individuals from reprisal from non-State actors. It also requires States to protect social movements, community organizers and human rights defenders. Lastly, the obligation to fulfil requires States to facilitate, promote and provide for the full realization of the right to participation, through appropriate legislative, administrative, judicial, budgetary and other measures. This includes strengthening skills and capacity of the public and officials, presenting meaningful decisions for public deliberation and devoting resources to long-term, sustainable participatory mechanisms to influence national priorities, programmes and decisions.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
- Paragraph info
- Conclusion / Recommendation
- Paragraph number
- 83
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