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Extreme poverty and human rights on universal basic income 2017, para. 21
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- Scholars from different disciplines have played a key role in debating the merits of the concept and it is appropriate to undertake a brief review of their contributions. The most active proponent is a Belgian philosopher, Philippe van Parijs. In a highly influential paper in 1991 he focused on the fairness of making basic income unconditional, thus making it available even to those who opt to spend their life surfing waves. Invoking the philosophy of John Rawls, he argued that “a defensible liberal theory of justice, that is, one that is truly committed to an equal concern for all and to non-discrimination among conceptions of the good life, does justify, under appropriate factual conditions, a substantial unconditional basic income”. Others have strongly contested this element in the case for a basic income. In a recent book, Van Parijs and Vanderborght go beyond the philosophical dimensions to explore the concept’s history, economic justifications and politics.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Extreme poverty and human rights on universal basic income 2017, para. 22
- Paragraph text
- While Van Parijs and Vanderborght write in the liberal-egalitarian tradition, basic income also has strong support from libertarians. Matt Zwolinski argues that in order to justify the system of property rights, it is necessary, as John Locke wrote, to leave “enough, and as good, in common for others”. Thus, a State-financed social safety net might be necessary. For that purpose, a basic income scheme would be preferable to the welfare state because the latter incentivizes wasteful competition among interest groups and is costly and invasive. He avoids addressing questions of the design and implementation of a basic income system but is supportive of the approach developed by another libertarian, Charles Murray.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Extreme poverty and human rights on universal basic income 2017, para. 35
- Paragraph text
- In comparing basic income schemes with the welfare state, it is important to note that some of the proposed forms of basic income are intended to replace the welfare state, while others complement it or only partly replace it. Charles Murray proposes a radical form of basic income designed to replace the welfare state, and to eliminate “programmes that are unambiguously transfers — Social Security, Medicare, Medicaid, welfare programmes, social service programmes, agricultural subsidies, and corporate welfare”, but that would keep in place State-funded education. But others have argued that “a basic income should not be understood as being, by definition, a full substitute for all existing transfers, much less a substitute for the public funding of quality education, quality health care, and other services”. This approach is supported by commentators for whom basic income schemes “would not necessarily replace contributory benefits”. A Canadian study proposes that a new basic income should come on top of 33 existing income support programmes.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Extreme poverty and human rights on universal basic income 2017, para. 36
- Paragraph text
- Most of its proponents do not envision basic income directly replacing the third conception of the welfare state, namely the role of the government in the economy. As far as the second conception is concerned, many proponents appear to leave public education and social services mostly untouched. Even Murray would leave State-funded education and child protection services in place, although individuals would have to fund their own health insurance. But most basic income proposals appear to want to replace, in whole or in part, either the existing contributory social insurance schemes, or the non-contributory social assistance measures for the poorer groups in society, or both.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Person(s) affected
- Children
- Year
- 2017
Paragraph
Extreme poverty and human rights on universal basic income 2017, para. 55
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- The Economist, relying upon the Organization for Economic Cooperation and Development’s “universal basic income calculator”, concludes that the United States could pay every citizen $6,300 per year if it scrapped all its non-health transfer payments. In other words, if it paid its citizens 25 per cent of GDP per capita ($13,956 per year) as Van Parijs and Vanderborght propose, it would need to raise taxes to cover the difference between $13,956 and $6,300. The Cato Institute calculated that paying 296 million United States citizens the poverty-line amount of $12,316 per year would cost $4.4 trillion. Even if all federal and state social assistance spending for the poor (around $1 trillion) and all “middle-class social welfare programmes such as Social Security and Medicare” (depending on the calculations, costing between $2.13 and $2.5 trillion) were eliminated, there would still be a funding gap of roughly $1 trillion.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Poverty
- Person(s) affected
- N.A.
- Year
- 2017
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The implementation of the right to social protection through the adoption of social protection floors 2014, para. 62
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- Many of the benefits of a new convention or protocol could be achieved immediately through appropriate action on the part of the Committee on Economic, Social and Cultural Rights. It has already made an important contribution through its adoption in of general comment No. 19 (2007) on the right to social security. The content and assumptions of that general comment are entirely compatible with the Social Protection Floor Initiative, but it was adopted long before the concept of social protection floors was taken up at the international level. Thus, it does not build on the concept of social protection as such, does not use the terminology of "floors" and of course makes no reference to ILO recommendation No. 202 or other important recent developments. The Committee should give careful consideration to adopting an approach which would give much greater prominence in its work to the right to social protection. This should involve much more than just a formal statement and should include the adaptation of its methods of work so that one of its principal focuses is on the steps taken at the national level by each State party to the Covenant to establish a social protection floor. The Committee could also set up a working group to monitor progress in relation to social protection floors and to facilitate a more interactive and participatory process to enable it to make a major contribution to the international campaign to establish universal social protection.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
The importance of social protection measures in achieving Millennium Development Goals (MDGs) 2010, para. 85
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- Policymakers should invest in capacity-building to ensure that those implementing social programmes at both the national and the local levels are aware of gender issues. In addition, programmes should encourage capacity-building that empowers women to claim their rights. It is also critical that social protection programmes include built-in participation and accountability channels that are accessible to both women and men. Furthermore, gender indicators must be integrated into the monitoring and evaluation of social programmes.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Men
- Women
- Year
- 2010
Paragraph
Social protection and old age poverty 2010, para. 29
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- Traditionally, States have privileged the establishment of contributory pension systems with the objective of achieving universal coverage once the formal sector expanded. Today, with a vast number of workers in the informal sector, this approach must be re-examined. Contributory systems have left the majority of the population unprotected when they reach old age. Estimates indicate that less than 20 per cent of older persons are covered by pensions today and only about 25 per cent of the labour force is currently contributing or accruing pension rights.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Social & Cultural Rights
- Person(s) affected
- Older persons
- Year
- 2010
Paragraph
Social protection and old age poverty 2010, para. 34
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- The benefit of social pensions may also reach beyond their direct beneficiaries and assist family members of the older person and any children in their care. In AIDS-affected countries, for example, where older persons are the primary caregivers of children orphaned by AIDS, social pensions may impact positively on child well-being. A study in South Africa found that children living with pensioners are, on average, 5 centimetres taller and that such a pension being given led to an 8 per cent increase in school attendance among those in the poorest percentile of the population.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Poverty
- Person(s) affected
- Children
- Older persons
- Year
- 2010
Paragraph
Penalization of people living in poverty 2011, para. 22
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- Particular attention should be paid to economic justifications for penalization measures. Economic reasons are not only outside the range of limitations permissible under human rights law, they also contradict the reality that the implementation of penalization measures is extremely costly. Penalization measures necessitate greater numbers of law enforcement and public service staff; increase the number of individuals in the penal and criminal justice systems; and require considerable outlays on administrative monitoring procedures, such as means testing and benefit surveillance.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2011
Paragraph
Penalization of people living in poverty 2011, para. 23
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- In many cases, the cost of employing reactive penalization measures greatly outweighs the costs that would be incurred in addressing the root causes of poverty and exclusion. If resources dedicated to policing, surveillance and detention were instead invested in addressing the causes of poverty and improving access to public services, including social housing, States could drastically improve the lives of persons living in poverty and ensure that the maximum available resources are dedicated to increasing the levels of enjoyment of economic, social and cultural rights.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Poverty
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Penalization of people living in poverty 2011, para. 47
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- When they are moved away from urban centres, persons living in poverty become geographically remote from jobs, markets, education and health centres. This is turn restricts their access to city centres, public services and economic resources, and increases their opportunity and transportation costs, creating further barriers to gaining employment. Being distant from city centres also implies exclusion from the facilities and cultural life of urban areas, which further contributes to the feeling of isolation and exclusion that persons living in poverty experience.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Poverty
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2011
Paragraph
Penalization of people living in poverty 2011, para. 58
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- The introduction of biometrics to social benefits systems means that in some States, beneficiaries must submit to facial recognition technology, finger imaging and iris scans. These mechanisms give States extensive power and discretion to monitor and interfere in the lives of beneficiaries. The information obtained is frequently made accessible to other authorities for purposes other than those for which it was given, without beneficiaries' consent. Such practices seriously threaten the protection of personal data and the right to access and control one's personal information.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Year
- 2011
Paragraph
Penalization of people living in poverty 2011, para. 61
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- Being excluded from social benefit assistance has an especially harsh effect on women, who make up the majority of social benefit beneficiaries, and who generally hold primary responsibility for the care of children and maintenance of the household. If women are denied access to social benefits, it will generally have implications for the whole family. Furthermore, there is an increased likelihood that women will remain in or return to abusive relationships, or be forced to live in other vulnerable situations, if they are unable to access social benefits.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Children
- Women
- Year
- 2011
Paragraph
Penalization of people living in poverty 2011, para. 81
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- Considering that detention, incarceration and institutionalization have such extensive and long-lasting negative effects on persons living in poverty, States must only have recourse to deprivation of liberty insofar as it is necessary to meet a pressing societal need, and in a manner proportionate to that need. The poorest and most vulnerable individuals in detention must have equal access to free, fair and efficient court procedures, and must enjoy the same rights to humane conditions and respectful treatment as more affluent segments of society.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Poverty
- Person(s) affected
- All
- Year
- 2011
Paragraph
Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 62
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- Reducing poverty and promoting social inclusion require not only comprehensive national strategies but also international collective action to ensure equitable international regulatory measures and international assistance and cooperation. Particularly pressing is the need to address widespread food insecurity and rising food prices. Strategies that support rural development, promote sustainable food production and reduce volatility in commodity markets must be a priority for States at both the national and international levels.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Poverty
- Person(s) affected
- All
- Year
- 2011
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Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 67
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- By creating legal entitlements or social protection guarantees , States ensure that beneficiaries are empowered and become rights-holders. This also ensures the continuity of the programme, protecting it against political manipulation and preventing programmes from being captured by the private sector or local elites. The legal and institutional framework regulating social protection should clearly define the role and responsibilities of all stakeholders and must guarantee the existence of accessible complaint mechanisms.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 71
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- While the creation of jobs is an integral part of any economic recovery, it is vital that States direct their efforts at generating opportunities for sustainable, productive and decent work in which individuals can exercise and realize their human rights. Employment policies must respect the human rights framework. This has broad implications: from protecting workers' rights to adopting policies to ensure equal access to employment by the most vulnerable and disadvantaged groups in society.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2011
Paragraph
Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 72
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- Human rights standards relating to working conditions require States to ensure just and favourable conditions of work, including safe and healthy working conditions, reasonably limited working hours and paid annual leave. The right to form and join trade union organizations and engage in collective bargaining must be ensured. Workers must have access to a social security system that provides for the broadest possible coverage (such as health care, sickness compensation, old age pensions and compensation for employment-related injuries).
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Older persons
- Year
- 2011
Paragraph
Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 76
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- Job-creation initiatives and improvements in working conditions should be complemented by investments in social protection systems, particularly non-contributory benefits and public services, in order to provide comprehensive support for those most affected by the crises while also promoting long-term recovery. The State must ensure that recovery measures do not discriminate against any segment of society, including those who are unable to work or who face greater barriers in their access to employment.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2011
Paragraph
Access to justice for people living in poverty 2012, para. 39
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- The geographical remoteness of justice mechanisms for persons living in poverty can also exacerbate their situation and lead to violation of other human rights. Those without easy and immediate access to law enforcement officials are unable to seek immediate redress or protection from violence, abuse and exploitation, and will have greater difficulty in contesting land issues and forced evictions. The police may be less likely to pursue complaints if they have to travel long distances to do so, particularly where resources are scarce.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Poverty
- Violence
- Person(s) affected
- All
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 67
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- As well as quality and accessibility, the timing of legal assistance is of great importance. Often, when the poor are accused of criminal offences, they do not have access to a lawyer or paralegal until a trial is imminent. However, lawyers can play a crucial role at the time of arrest and during pretrial stages, especially in cases where the accused does not have access to legal information or financial resources for bail. As well as being in the interests of justice, timely legal intervention benefits the legal system as a whole, improving efficiency and reducing delays.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 83
- Paragraph text
- In many jurisdictions, the effect of judgements is limited to those who litigate or bring a claim, even in cases that have a much wider significance. This means that only those individuals with the capacity or tenacity to overcome all the barriers to accessing justice will benefit from important judgements. Often, however, those living in poverty are affected by widespread practices or broad Government measures that generate situations where the rights of many individuals are at stake and which would be better addressed by collective remedies.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Poverty
- Person(s) affected
- All
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 41
- Paragraph text
- Shortfalls in financial and human resource allocations to courts, the police and prosecution corps, and insufficient training and capacity-building for judicial and law enforcement officers translate into failures in the judicial system which infringe upon access to justice. Such failures, including delays (see paras. 68-69 below), flawed or insufficient evidence-gathering, lack of enforcement, and abuse, undermine the effective functioning of judicial and adjudicatory mechanisms and have a disproportionate impact on and undermine the human rights of persons living in poverty.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Poverty
- Person(s) affected
- All
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 42
- Paragraph text
- When judicial systems receive inadequate financial and human resource allocations from State budgets, police stations, prosecution corps and courthouses are understaffed and poorly equipped, and benches are deprived of adequate numbers of judges. The result is serious neglect and even mistreatment of those seeking justice, which is more pronounced for the most disadvantaged, whose cases are usually underprioritized. Again, this frequently has an especially harsh impact on women, as often the criminal justice and legal system lacks capacity to ensure a swift, fair and gender-sensitive approach.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2012
Paragraph
Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 46
- Paragraph text
- Reductions in the public wage bill will severely impede the delivery of social services. If remuneration to the providers of basic education and health care is reduced, this could have a potentially drastic impact on individuals' ability to easily and effectively have access such services. Limited or decreased staff numbers may hamper the ability of social services to respond to public demand, and the removal of allowances or incentive schemes might have an adverse impact on the efficiency of employees.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Social & Cultural Rights
- Person(s) affected
- All
- N.A.
- Year
- 2011
Paragraph
The World Bank and human rights 2015, para. 18
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- The next step is to demonstrate that criminal justice interventions will not violate the political prohibition. While acknowledging that "most development efforts" have a "political dimension," a narrow interpretation is adopted, according to which the Bank cannot involve "itself in the partisan politics or ideological disputes that affect its member countries". Inappropriate involvement is said to include "favoring political factions, parties or candidates in elections," or "endorsing or mandating a particular form of government, political bloc or political ideology."
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2015
Paragraph
Unpaid care work and women's human rights 2013, para. 67
- Paragraph text
- Women's migration generally does not prompt changes in the sexual division of labour; the extra unpaid care responsibilities usually fall to older women and girls within the household or community. These global care chains reflect and, in some ways, exacerbate enormous inequalities in terms of class, gender and ethnicity. The people who make up the chains, from the first to the last link, are almost exclusively female, often belong to an ethnic minority in their destination country, and generally cannot rely on State support for their care responsibilities.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Gender
- Movement
- Person(s) affected
- Girls
- Older persons
- Women
- Year
- 2013
Paragraph
Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 93
- Paragraph text
- States need to focus efforts on a recovery that can prepare for and mitigate the effect of future climatic crises, through, for example, social protection programmes that provide economic security to individuals most likely to be affected by crises. States should also make human rights impact assessments and risk analyses prior to initiating climate change mitigation or adaptation projects in order to avoid adverse effects on the enjoyment of human rights.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Humanitarian
- Person(s) affected
- All
- N.A.
- Year
- 2011
Paragraph
Penalization of people living in poverty 2011, para. 82f
- Paragraph text
- [In this context, the Special Rapporteur wishes to present the following recommendations:] States must ensure that all criminal and regulatory policies comply with human rights standards, including the principles of equality and non discrimination and the presumption of innocence. Laws which specifically target the particular behaviours and actions of persons living in poverty amount to discrimination on the basis of economic and social status, and shall be repealed;
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Poverty
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2011
Paragraph