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Access to justice for people living in poverty 2012, para. 96
- Paragraph text
- [States should:]
- 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
- 2012
- Date added
- Aug 19, 2019
Paragraph
The implementation of the right to social protection through the adoption of social protection floors 2014, para. 12
- Paragraph text
- Although a report as brief as this can only skim the historical surface, at least five factors ensured that social protection in general, and the right to social security in particular, were of marginal importance for most of the twentieth century. First, the artificial and in some respects arbitrary division of the concept of human rights into two different categories of rights governed by very different assumptions, condemned economic and social rights to second-class status for much of this period. Second, the often proclaimed interdependence and indivisibility of the two sets of rights resolutely failed to address in practice the fact that individuals living in extreme poverty were unable to realize effectively many of their civil and political rights. Third, the mistaken notion that civil and political rights are largely costless, while economic and social rights are inevitably extremely costly, was used to legitimize the assumption that social security was a quintessentially costly right and thus only really of relevance to rich countries. Fourth, where it was officially accepted, social security was largely conceptualized as a tool for protecting workers in the public sector and in the formal sector more generally. Thus only minimal efforts were made to develop a more inclusive notion that built upon both formal and informal structures and processes to ensure that all persons were covered by some type of security arrangement. Fifth, many of those problems were exacerbated by the impact of the cold war on the human rights framework. A sixth factor was the extent to which individual United Nations agencies claimed different issues as their own and sought to develop forms of exclusive jurisdictional competence. Under that scheme, social security "belonged" to ILO. The rest of the United Nations system thus more or less kept away from the issue, except in the most general terms. That also meant that, some official rhetoric notwithstanding, the United Nations human rights system developed in relative isolation from what should have been the closely related work of a number of the specialized agencies.
- 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
- 2014
- Date added
- Aug 19, 2019
Paragraph
The implementation of the right to social protection through the adoption of social protection floors 2014, para. 13
- Paragraph text
- The emergence of the Social Protection Floor Initiative at the international level has been well documented. In telegraphic form, most analyses begin with the harsh adjustment policies associated with the "Washington Consensus" of the 1980s, the reaction to those policies by the United Nations Children's Fund (UNICEF) and other actors, the World Summit for Social Development in 1995, the poverty reduction strategies championed by the World Bank and the International Monetary Fund (IMF), starting in the late 1990s, and the focus on poverty in the Millennium Development Goals. Social security then began to re-emerge as a priority concern, thanks in large part to the engagement of ILO. It launched a global campaign on social security in 2003, followed by the World Commission on the Social Dimension of Globalization in 2004, along with a series of other steps endorsed by the International Labour Conference.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Poverty
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
The implementation of the right to social protection through the adoption of social protection floors 2014, para. 15
- Paragraph text
- While tracing the history of the evolution of the concept of social protection floors through the lens of international organizations is a common approach in the literature, it must be observed that it is both surprisingly ahistorical and gives insufficient weight to the political economy that facilitated the evolution of support for it. It is ahistorical especially to the extent that it underestimates the gradual and cumulative ways in which national initiatives, especially in developing countries, created the conditions in which pioneering national programmes could emerge. Those programmes often ran in very different directions from the policies being advocated by the international community. Since the late 1990s, a diverse range of countries in the global South have developed innovative programmes for social protection, which look very different from the more traditional approaches developed in the North.
- 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
- 2014
- Date added
- Aug 19, 2019
Paragraph
The implementation of the right to social protection through the adoption of social protection floors 2014, para. 16
- Paragraph text
- Important initiatives include Bolsa Familia and Brasil Sem Miséria in Brazil, Oportunidades in Mexico, Asignación Universal por Hijo para protección social in Argentina, a social transfer scheme in Zambia, the National Rural Employment Guarantee Scheme in India, the Productive Safety Nets programme in Ethiopia, a universal pension scheme in Namibia and the provision of universal access to basic health services in Thailand. The programme in Brazil has grown from covering 3.6 million families in 2003 to 13.8 million in 2012, while a solidarity-based pension system in Chile went from 560,000 beneficiaries in 2008 to 1.1 million in 2012. In China, the Di bao reforms aim to create social insurance and assistance programmes to protect the entire population against economic insecurity and physical infirmity. Overall, there has, as the World Bank observes, been "an exponential growth in social safety nets, especially cash-based programs".
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Health
- Person(s) affected
- Families
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
The implementation of the right to social protection through the adoption of social protection floors 2014, para. 23a
- Paragraph text
- [At the international level, definitional issues continue to be controversial, especially in terms of whether social protection floors should be seen as a matter of human rights and whether they should be universal and unconditional. Before examining those dimensions, it is appropriate to take note of the approach reflected in ILO recommendation No. 202. As the culmination of many initiatives, both within and well beyond the ILO context, it has become the principal benchmark against which social protection floors should be designed, implemented and evaluated. The main elements of recommendation No. 202 are as follows:] The recommendation rests on a strong foundation of international human rights law, which is relatively unusual for ILO instruments. In addition to specific references to various provisions of the Universal Declaration of Human Rights and the International Covenant on Economic, Social and Cultural Rights, it calls upon States to respect "the rights and dignity of people covered by the social security guarantees";
- 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
- 2014
- Date added
- Aug 19, 2019
Paragraph
The implementation of the right to social protection through the adoption of social protection floors 2014, para. 23b
- Paragraph text
- [At the international level, definitional issues continue to be controversial, especially in terms of whether social protection floors should be seen as a matter of human rights and whether they should be universal and unconditional. Before examining those dimensions, it is appropriate to take note of the approach reflected in ILO recommendation No. 202. As the culmination of many initiatives, both within and well beyond the ILO context, it has become the principal benchmark against which social protection floors should be designed, implemented and evaluated. The main elements of recommendation No. 202 are as follows:] Social protection floors are nationally defined, in a participatory manner, and reflect national priorities while respecting principles such as non-discrimination, gender equality and social inclusion;
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
The implementation of the right to social protection through the adoption of social protection floors 2014, para. 23c
- Paragraph text
- [At the international level, definitional issues continue to be controversial, especially in terms of whether social protection floors should be seen as a matter of human rights and whether they should be universal and unconditional. Before examining those dimensions, it is appropriate to take note of the approach reflected in ILO recommendation No. 202. As the culmination of many initiatives, both within and well beyond the ILO context, it has become the principal benchmark against which social protection floors should be designed, implemented and evaluated. The main elements of recommendation No. 202 are as follows:] Protection is to be universal, rather than selective and is to be aimed at "preventing or alleviating poverty, vulnerability and social exclusion";
- 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
- N.A.
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
The implementation of the right to social protection through the adoption of social protection floors 2014, para. 23d
- Paragraph text
- [At the international level, definitional issues continue to be controversial, especially in terms of whether social protection floors should be seen as a matter of human rights and whether they should be universal and unconditional. Before examining those dimensions, it is appropriate to take note of the approach reflected in ILO recommendation No. 202. As the culmination of many initiatives, both within and well beyond the ILO context, it has become the principal benchmark against which social protection floors should be designed, implemented and evaluated. The main elements of recommendation No. 202 are as follows:] Social protection floors should include at least basic social security guarantees for health care and also for income security for children, older persons and those unable to work, in particular in cases of sickness, unemployment, maternity, and disability;
- 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
- Older persons
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
The implementation of the right to social protection through the adoption of social protection floors 2014, para. 23e
- Paragraph text
- [At the international level, definitional issues continue to be controversial, especially in terms of whether social protection floors should be seen as a matter of human rights and whether they should be universal and unconditional. Before examining those dimensions, it is appropriate to take note of the approach reflected in ILO recommendation No. 202. As the culmination of many initiatives, both within and well beyond the ILO context, it has become the principal benchmark against which social protection floors should be designed, implemented and evaluated. The main elements of recommendation No. 202 are as follows:] The basic guarantees should be established by law;
- 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
- 2014
- Date added
- Aug 19, 2019
Paragraph
The implementation of the right to social protection through the adoption of social protection floors 2014, para. 23f
- Paragraph text
- [At the international level, definitional issues continue to be controversial, especially in terms of whether social protection floors should be seen as a matter of human rights and whether they should be universal and unconditional. Before examining those dimensions, it is appropriate to take note of the approach reflected in ILO recommendation No. 202. As the culmination of many initiatives, both within and well beyond the ILO context, it has become the principal benchmark against which social protection floors should be designed, implemented and evaluated. The main elements of recommendation No. 202 are as follows:] Implementation should be monitored regularly and periodically evaluated;
- 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
- 2014
- Date added
- Aug 19, 2019
Paragraph
The implementation of the right to social protection through the adoption of social protection floors 2014, para. 23g
- Paragraph text
- [At the international level, definitional issues continue to be controversial, especially in terms of whether social protection floors should be seen as a matter of human rights and whether they should be universal and unconditional. Before examining those dimensions, it is appropriate to take note of the approach reflected in ILO recommendation No. 202. As the culmination of many initiatives, both within and well beyond the ILO context, it has become the principal benchmark against which social protection floors should be designed, implemented and evaluated. The main elements of recommendation No. 202 are as follows:] While social protection floors should be financed by national resources, international support should be available when needed.
- 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
- 2014
- Date added
- Aug 19, 2019
Paragraph
The implementation of the right to social protection through the adoption of social protection floors 2014, para. 24
- Paragraph text
- The health-care guarantees of social protection floors have been greatly reinforced by a separate but closely linked initiative emerging from WHO to promote universal health coverage. That concept has been defined in a way that makes it directly compatible with and complementary to the Social Protection Floor Initiative and was endorsed by the General Assembly in resolution 67/81. In elaborating on this concept, the World Health Assembly has consistently made reference to the right to health, underlined the centrality of universal health care in the post-2015 agenda and emphasized the "the importance of accountability through regular assessment of progress".
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
The implementation of the right to social protection through the adoption of social protection floors 2014, para. 26
- Paragraph text
- The report of the Social Protection Floor Advisory Group was especially critical of the Bank's approach and its critiques are still largely pertinent today. In the report, the Advisory Group noted that: In the social safety net approach, social policies were considered as residual to economic development. The implementation of such measures was driven by the need to provide relief to the poor and vulnerable during structural reform by cushioning the effects of the structural adjustments and facilitating political support to them. These measures were generally temporary, fragmented and targeted to the poor and vulnerable in a needs-based framework.
- 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
- 2014
- Date added
- Aug 19, 2019
Paragraph
The implementation of the right to social protection through the adoption of social protection floors 2014, para. 27
- Paragraph text
- In an effort to bridge the gap, the Advisory Group urged the Bank to cooperate with ILO and the United Nations on the Social Protection Floor Initiative. The Bank was initially responsive and its major strategy document in 2012 proclaimed an "emerging global consensus" in this area, noting that its "strategy and engagement" were consistent with the "core principles" of the Initiative. Although that was considered to be a significant development, the strategy itself demonstrated rather little substantive engagement with the Initiative. In 2014, the Bank issued the first in what was described as a series of major reports on social safety nets, thus making clear where its future work would continue to focus. The report appeared simultaneously with the new ILO flagship report on social protection floors and, while situating safety nets within what it calls the broader context of social protection, the word "floor" does not appear even once, let alone "social protection floor".
- 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
- 2014
- Date added
- Aug 19, 2019
Paragraph
The implementation of the right to social protection through the adoption of social protection floors 2014, para. 28
- Paragraph text
- While the Bank has participated in the deliberations of the Social Protection Inter-Agency Cooperation Board, recent developments appear to confirm that it is doing so very largely on its own terms, built around risk management and safety nets, and remains reluctant to buy in to the Social Protection Floor Initiative in a meaningful way. Its response to that remark would doubtless be to point to the fact that 870 million of the 1.2 billion people living in extreme poverty, as defined by the Bank, are not covered even by safety nets. Under those circumstances, surely it is only prudent to begin with minimum aspirations? However, the Initiative envisages a gradual ratcheting up of aspirations, rather than the immediate introduction of full-blown social protection floors in low- or medium-income countries.
- 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
- 2014
- Date added
- Aug 19, 2019
Paragraph
The implementation of the right to social protection through the adoption of social protection floors 2014, para. 31
- Paragraph text
- It must also be acknowledged that even within the United Nations family, there are significant differences in approach. A recent report on social protection floors by the United Nations Development Group explicitly acknowledged such differences and sought to downplay the consequences. It began by acknowledging that social protection occupies different positions within United Nations organizations' mandates and agendas, resulting in "different working definitions and components" being used. But it went on to note, reassuringly and in terms similar to those used by the World Bank, that United Nations organizations nevertheless "have much in common in terms of the desired objectives, principles, and approaches to 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
- Families
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
The implementation of the right to social protection through the adoption of social protection floors 2014, para. 33
- Paragraph text
- The Social Protection Floor Initiative is not merely relevant to human rights; it is firmly rooted within the rights framework. In its report, the Social Protection Floor Advisory Group described the basic concept as being anchored in shared principles of social justice and in the human rights to social security and to an adequate standard of living. In terms of legal foundations, it added that: "The right of individuals to provision by way of social protection is articulated specifically in a number of international instruments, notably the Universal Declaration of Human Rights and the International Covenant on Economic, Cultural and Social Rights." ILO recommendation No. 202 is very specific in "reaffirming that the right to social security is a human right" and in underscoring the relevance of articles 22 and 25 of the Declaration and articles 9, 11, and 12 of the Covenant.
- 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
- N.A.
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
The implementation of the right to social protection through the adoption of social protection floors 2014, para. 34
- Paragraph text
- The fact that none of these instruments refers per se to a "right to social protection" raises the question as to whether it should be considered an existing human right, or a new one. In the past, States have understandably been very sensitive about claims that new rights have emerged without requiring specific endorsement by the international community. In this instance, the standard approach of commentators is best summed up in the formulation that: "Social protection is a human right, enshrined in multiple sources of international law." In other words, no claims are needed for novelty, nor is it necessary to argue that the whole is more than the sum of the parts. The right to social protection is thus no more than a combination of the right to social security and the right to an adequate standard of living. Nevertheless, the packaging of those two rights into a single concept is important, both because it highlights the synergy between them and facilitates the development of a package of measures to achieve their shared objectives.
- 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
- Date added
- Aug 19, 2019
Paragraph
The implementation of the right to social protection through the adoption of social protection floors 2014, para. 36
- Paragraph text
- Another dimension which is of considerable importance, especially in making the case to those who are involved in implementing and monitoring the International Covenant on Economic, Social and Cultural Rights, is the extent to which the approach embodied in the Social Protection Floor Initiative mirrors that adopted in relation to the Covenant. Four examples will suffice: first, progressive realization is the standard set in the Covenant and is also the approach adopted by the proponents of the Initiative. As one proponent of the latter has noted "the case for universalism needs to be framed in ways that do not set up false dichotomies or unrealistic expectations."
- 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
- 2014
- Date added
- Aug 19, 2019
Paragraph
The implementation of the right to social protection through the adoption of social protection floors 2014, para. 38
- Paragraph text
- Third, the Initiative, as reflected in ILO recommendation No. 202 closely mirrors the view expressed by the Committee on Economic, Social and Cultural Rights in its general comment No. 3 (1990) on the nature of States parties' obligations that "a minimum core obligation to ensure the satisfaction of, at the very least, minimum essential levels of each of the rights is incumbent upon every State party." While the minimum core concept has been developed primarily at the national level in the context of judicial approaches, the original intention of the Committee was that a minimum core would be set at the national level by the political authorities and its adequacy would subsequently be subjected to political contestation through the exercise of civil and political rights by those affected.
- 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
- Date added
- Aug 19, 2019
Paragraph
The implementation of the right to social protection through the adoption of social protection floors 2014, para. 40
- Paragraph text
- Just as human rights require recognition by law, so too has the Social Protection Floor Initiative emphasized the importance of entrenching the social protection right in national laws and regulations. That dimension has been well captured by the United Nations Development Group: Obligations and entitlements to social protection benefits should be specified in a precise manner, so as to clearly delineate the rights and duties of residents and contributors. To ensure the predictability and sustainability of social protection provisions, laws and regulations should be designed and enforced to support all social protection schemes and services.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
The implementation of the right to social protection through the adoption of social protection floors 2014, para. 42
- Paragraph text
- Social security and social protection have long been dismissed as unaffordable aspirations, particularly in low-income countries. One of the major contributions of the Initiative is that it has addressed in extensive detail the ways in which all countries can potentially afford to put such a programme in place. The most recent and extensive treatment of this issue is contained in the ILO World Social Protection Report 2014/15 and it is not proposed to repeat or challenge that analysis here. It must suffice to say that affordability is certainly crucial to the prospects of success of the Initiative and that the lengths to which its proponents have gone to demonstrate that dimension is impressive.
- 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
- 2014
- Date added
- Aug 19, 2019
Paragraph
The implementation of the right to social protection through the adoption of social protection floors 2014, para. 43
- Paragraph text
- Proponents of the Initiative have also attached great weight to instrumentalist arguments that suggest a compelling economic pay-off from social protection. The United Nations Development Group, for example, has argued that social protection "is essentially an investment in human capital, which will contribute to greater labour productivity and pro-poor economic growth in the long run" and in the Human Development Report 2014 the authors have noted that "by providing an additional and predictable layer of support, social protection programmes help households avoid selling off assets, taking children out of school or postponing necessary medical care, all detrimental to their long term well-being."
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Social & Cultural Rights
- Person(s) affected
- Children
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
The implementation of the right to social protection through the adoption of social protection floors 2014, para. 51
- Paragraph text
- Second, an indispensable step is to insist on explicit recognition by key actors that there is a human right to social protection. At present, the right to social security and the right to an adequate standard of living, proclaimed so proudly in the Universal Declaration of Human Rights and subsequently often reaffirmed in binding treaty obligations, are ignored or even challenged by the policies advocated by many of the key actors involved in addressing the plight of the hundreds of millions of persons living in extreme poverty. Many leading international organizations and financial institutions still avoid recognizing those rights in their policies and programmes.
- 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
- All
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
The implementation of the right to social protection through the adoption of social protection floors 2014, para. 52
- Paragraph text
- Third, technocratic solutions, no matter how innovative and data-driven, will not work unless they are genuinely empowering of those whom they purport to help. In that regard, extreme poverty is a classic case study in the centrality of human dignity as a guiding principle of human rights. The poor, we have too often been told by our politicians and others, are usually to blame for their own plight, whether because of laziness, incompetence, mendacity, or whatever. Those unjustified stereotypes provide yet another justification for preferring technocratic approaches through which we measure the poor and work out how we are going to make minimal provision for them, at least in the long term. As Keynes reminded us, in the long term we are all dead. Those living in extreme poverty will be dead even more quickly, so that long-term solutions may be little more than an illusion. Short-term empowerment and respect are what is needed. We need to reassert a common humanity, shared responsibilities and the centrality of human dignity.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Person(s) affected
- All
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
The implementation of the right to social protection through the adoption of social protection floors 2014, para. 53
- Paragraph text
- International civil society groups should mobilize effectively and in coalition with groups in other sectors to advocate and promote the Social Protection Floor Initiative. While the Center for Economic and Social Rights joined with a range of other groups, including Amnesty International, to call for a commitment to social protection floors in the sustainable development goals, the great majority of international human rights groups have said little and done less on the issue. It is essential to acknowledge that extreme poverty, which continues to afflict hundreds of millions of people, is a negation of all human rights. International civil society groups in the human rights field fight valiantly to eliminate torture, to reduce and expose extrajudicial executions, to reduce violence against women, to outlaw discrimination and the oppression of minorities and so on, but if the elimination of extreme poverty is not a central part of the collective human rights vision, it is a highly selective battle that is being fought.
- 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
- Ethnic minorities
- Women
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
The implementation of the right to social protection through the adoption of social protection floors 2014, para. 58
- Paragraph text
- The role of the World Bank in relation to the Social Protection Floor Initiative is crucial. Based on policies pursued to date, it is the single actor most likely to undermine and frustrate the overall Initiative. Unless there is a change of heart on its part, the development community will continue to be pushed to focus on ill-defined social safety nets aimed at a limited number of the extreme poor and as a matter of bureaucratically defined and designed welfare policy, rather than as a matter of human rights. It is therefore indispensable that the human rights community should shine a spotlight on the policies and practices of the Bank in this area and the Human Rights Council should call upon it to embrace the Initiative in all its dimensions.
- 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
- 2014
- Date added
- Aug 19, 2019
Paragraph
The implementation of the right to social protection through the adoption of social protection floors 2014, para. 59
- Paragraph text
- In the realms of human rights and the Initiative, the current draft of the post-2015 agenda is a considerable disappointment. The almost complete omission of substantive references to human rights in the draft is a throwback to the United Nations development decade strategies of the 1960s and 1970s. However, they were drafted at a time when the human rights framework was in its infancy and development was seen largely as a technocratic process. Similarly, the very low standards set in relation to social protection are inconsistent with the high-flown rhetoric of ending poverty in all its forms everywhere. As it stands, the first goal proposed by the Open Working Group on Sustainable Development Goals might be considered to be in violation of deceptive advertising laws designed to protect consumers.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Poverty
- Person(s) affected
- N.A.
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
The implementation of the right to social protection through the adoption of social protection floors 2014, para. 60
- Paragraph text
- It is understandable that some of those who have expended great energy on the post-2015 process should consider that only a token reference to human rights and a weak endorsement of social protection are better than nothing and that they will somehow be able over time to put a positive gloss on determinedly lacklustre goals. This is surely not enough. Civil society groups should make clear that a 1960s approach is no longer acceptable in the twenty-first century. Human rights in general should be recognized as both a central goal of sustainable development and a crucial part of the relevant process and a specific right to social protection, as defined in the Social Protection Floor Initiative and ILO recommendation No. 202, should be recognized.
- 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
- All
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
The implementation of the right to social protection through the adoption of social protection floors 2014, para. 61
- Paragraph text
- One of the most prominent proponents of social protection floors and a principal drafter of ILO recommendation No. 202 has called for the drafting of a "United Nations convention on national floors for social protection," on the grounds that this would "create a much more durable instrument than development goals that have to be revised every few decades". While appealing on the face of it, the proposal will certainly fall foul of the clearly demonstrated leeriness of States about creating new human rights treaties. More importantly, it takes insufficient account of the role currently and potentially played by the International Covenant on Economic, Social and Cultural Rights and the treaty body monitoring its implementation. An alternative therefore would be to propose the drafting of an optional protocol to the Covenant. However, aside from the cost and time involved in such an initiative, there is a strong general argument that new instruments should not risk making optional what is already mandatory - in this case the right to social protection under the Covenant.
- 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
- 2014
- Date added
- Aug 19, 2019
Paragraph
The implementation of the right to social protection through the adoption of social protection floors 2014, para. 64
- Paragraph text
- International support, especially for low-income countries, seeking to develop social protection floors is essential. In 2012, two special rapporteurs put forward an important proposal for the creation of a global fund for social protection. That is a sophisticated and carefully calibrated proposal, which has garnered significant attention at the international level. It seems clear, however, that further reflection is required in order to ensure that the focus and the proposed modalities of the fund are optimal and acceptable to key actors. The Social Protection Inter-Agency Cooperation Board should consider establishing an expert group to review the proposal and to recommend an initiative designed to achieve the objectives identified.
- 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
- 2014
- Date added
- Aug 19, 2019
Paragraph
Taxation and human rightss 2014, para. 79e
- Paragraph text
- [States must realize the full potential of tax collection as a tool to generate revenue for the fulfilment of human rights obligations and to redress discrimination and inequality. Human rights principles regarding participation, transparency, accountability and non-discrimination should be followed throughout the whole revenue-raising cycle. For this purpose, States should:] Conduct human rights assessments of fiscal policy periodically and with broad public participation, including analysis of the distributional consequences and tax burden borne by different income sectors and disadvantaged groups;
- 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
- 2014
- Date added
- Aug 19, 2019
Paragraph
Taxation and human rightss 2014, para. 79f
- Paragraph text
- [States must realize the full potential of tax collection as a tool to generate revenue for the fulfilment of human rights obligations and to redress discrimination and inequality. Human rights principles regarding participation, transparency, accountability and non-discrimination should be followed throughout the whole revenue-raising cycle. For this purpose, States should:] Review tax structures, codes and instruments for explicit and implicit gender bias and ensure they do not reinforce existing gender inequalities, including through their impact on unpaid care work;
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Taxation and human rightss 2014, para. 79g
- Paragraph text
- [States must realize the full potential of tax collection as a tool to generate revenue for the fulfilment of human rights obligations and to redress discrimination and inequality. Human rights principles regarding participation, transparency, accountability and non-discrimination should be followed throughout the whole revenue-raising cycle. For this purpose, States should:] Ensure that people have access to all relevant data and information on fiscal policy and government revenues, including from the corporate sector, and include such information under right to information laws;
- 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
- 2014
- Date added
- Aug 19, 2019
Paragraph
Taxation and human rightss 2014, para. 79h
- Paragraph text
- [States must realize the full potential of tax collection as a tool to generate revenue for the fulfilment of human rights obligations and to redress discrimination and inequality. Human rights principles regarding participation, transparency, accountability and non-discrimination should be followed throughout the whole revenue-raising cycle. For this purpose, States should:] Take measures to build the capacity of all people to understand fiscal policy options, and establish inclusive mechanisms to ensure that they are actively engaged in devising the most appropriate policy options;
- 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
- 2014
- Date added
- Aug 19, 2019
Paragraph
Taxation and human rightss 2014, para. 79j
- Paragraph text
- [States must realize the full potential of tax collection as a tool to generate revenue for the fulfilment of human rights obligations and to redress discrimination and inequality. Human rights principles regarding participation, transparency, accountability and non-discrimination should be followed throughout the whole revenue-raising cycle. For this purpose, States should:] Institute fully transparent public oversight over the granting and monitoring of tax incentives, and conduct periodic assessments of social benefits and human rights compliance, informed by broad public participation, especially by individuals who will be most affected; and refrain from granting fixed-term tax holidays and tax stability agreements that may undermine accountability for evolving impact on human rights;
- 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
- 2014
- Date added
- Aug 19, 2019
Paragraph
Taxation and human rightss 2014, para. 79k
- Paragraph text
- [States must realize the full potential of tax collection as a tool to generate revenue for the fulfilment of human rights obligations and to redress discrimination and inequality. Human rights principles regarding participation, transparency, accountability and non-discrimination should be followed throughout the whole revenue-raising cycle. For this purpose, States should:] Ensure accessible channels for accountability and remedy for any negative human rights impact of fiscal policy, including by strengthening the capacity of the judicial system and national human rights institutions to address fiscal policy;
- 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
- 2014
- Date added
- Aug 19, 2019
Paragraph
Taxation and human rightss 2014, para. 79l
- Paragraph text
- [States must realize the full potential of tax collection as a tool to generate revenue for the fulfilment of human rights obligations and to redress discrimination and inequality. Human rights principles regarding participation, transparency, accountability and non-discrimination should be followed throughout the whole revenue-raising cycle. For this purpose, States should:] Ensure that extractive industries are subject to appropriate tax rates and export duties, and that the human rights of affected communities and future generations are protected in the exploitation of natural resources;
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Taxation and human rightss 2014, para. 79m
- Paragraph text
- [States must realize the full potential of tax collection as a tool to generate revenue for the fulfilment of human rights obligations and to redress discrimination and inequality. Human rights principles regarding participation, transparency, accountability and non-discrimination should be followed throughout the whole revenue-raising cycle. For this purpose, States should:] Proactively disclose information on contracts, concessions and licensing agreements in the extractive sector and related information, including expected tax revenues and export royalty rates;
- 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
- 2014
- Date added
- Aug 19, 2019
Paragraph
Taxation and human rightss 2014, para. 79n
- Paragraph text
- [States must realize the full potential of tax collection as a tool to generate revenue for the fulfilment of human rights obligations and to redress discrimination and inequality. Human rights principles regarding participation, transparency, accountability and non-discrimination should be followed throughout the whole revenue-raising cycle. For this purpose, States should:] Ensure the public revenue raised from the financial sector is commensurate to the sector's profitability and the risks it generates; implement a financial transaction tax, and consider allocating the revenues specifically to expenditure that can contribute to the realization of human rights;
- 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
- 2014
- Date added
- Aug 19, 2019
Paragraph
Taxation and human rightss 2014, para. 12
- Paragraph text
- States have an obligation to guarantee that human rights are exercised without discrimination of any kind. This is a fundamental pillar of international human rights law and an immediate obligation of all States.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Taxation and human rightss 2014, para. 14
- Paragraph text
- The discrimination prohibited under international human rights law includes any distinction, exclusion, restriction or preference or other differential treatment that has the intention or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of all rights. Not all differences in treatment, however, constitute discrimination. A distinction is compatible with the principles of equality and non-discrimination if the differentiation is reasonable and objective, and pursues a legitimate aim under human rights instruments, and there is a reasonable relationship of proportionality between the means employed and the aim sought.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Taxation and human rightss 2014, para. 16
- Paragraph text
- In revenue collection, compliance with these rights may require States to set up a progressive tax system with real redistributive capacity that preserves, and progressively increases, the income of poorer households. It also implies that affirmative action measures aimed at assisting the most disadvantaged individuals and groups that have suffered from historical or persistent discrimination, such as well-designed subsidies or tax exemptions, would not be discriminatory. In contrast, a flat tax whereby all people are required to pay an equal proportion of their income would not be conducive in achieving substantive equality, as it limits the redistributive function of taxation.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Taxation and human rightss 2014, para. 17
- Paragraph text
- Revenue collection is a critical tool for States in tackling and redressing systemic discrimination and ensuring equal access to economic, social and cultural rights. In order to redress structural inequalities, including gender inequalities, States should evaluate the differential impact of existing and proposed fiscal policies on different groups, in particular those who suffer from structural discrimination. For example, certain tax arrangements that directly or indirectly disincentivize women's participation in the labour force or promote the male bread-winner family model could threaten women's enjoyment of human rights. Meanwhile, a State with a very narrow tax base or that fails to tackle tax evasion may result in its inability to fund social protection or adequate and accessible public services, a situation that is likely to create or entrench inequalities.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Taxation and human rightss 2014, para. 18
- Paragraph text
- The right to self-determination, enshrined in both the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights, expressly encompasses the rights of peoples (not the State or Government) to freely dispose of their natural wealth and resources. Considering that many natural resources are finite and non-renewable, this right needs to be protected with special care, taking into account the rights of future generations. At the very least, a State's population has a right to enjoy a fair share of the financial and social benefits that natural resources can bring. This requires ensuring participation, access to information and high standards of transparency and accountability in decision-making about the use of natural resources. Where indigenous peoples are involved, States have additional and specific obligations, including ensuring free, prior and informed consent in any decisions regarding the use of their lands.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Economic Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Taxation and human rightss 2014, para. 22
- Paragraph text
- Decision-making processes regarding tax and public revenues must therefore be based on full transparency and the broadest possible national dialogue, with effective and meaningful participation of civil society and those who will be directly affected by such policies, including people living in poverty. Fiscal policies should be subjected to the scrutiny of the population during design, implementation and evaluation stages, with the various interests transparently identified. This will require capacity-building and fostering fiscal literacy in the population. The population should have access to all relevant information in an accessible and understandable format, and inclusive mechanisms should be put in place to ensure that they are actively engaged in devising the most appropriate policy options. Owing to the asymmetries of power, expertise and interests in this debate, specific measures should be taken to ensure equal access and opportunities to participate, particularly for people living in poverty.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Poverty
- Person(s) affected
- All
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Taxation and human rightss 2014, para. 25
- Paragraph text
- States must devote the "maximum available resources" to ensure the progressive realization of all economic, social and cultural rights as expeditiously and effectively as possible, even during times of severe resource constraints, whether caused by a process of adjustment, economic recession or other factors. This principle should guide the State's decisions and priorities in generating, mobilizing and allocating resources in order to permit the realization of human rights. The obligation of progressive realization independent of economic growth also exists; it requires the effective use of available resources, including potential resources that could be raised through reasonable efforts, such as taxation measures and international assistance and cooperation. Other areas are also critical for mobilizing resources, including debt and deficit financing, monetary policy and financial regulation.
- 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
- All
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Taxation and human rightss 2014, para. 27
- Paragraph text
- Moreover, States parties to the International Covenant on Economic, Social and Cultural Rights have an immediate core obligation to ensure the satisfaction of, at the very least, minimum essential levels of all economic, social and cultural rights. These minimum essential levels are entitlements that are crucial to securing an adequate standard of living through basic subsistence, essential primary health care, basic shelter and housing and basic forms of education for all members of society. Even during times of severe resource constraints, States must demonstrate that every effort has been made to use all resources that are at its disposal, including resources that could potentially be collected through taxation, or tackling tax evasion and other illicit financial flows, in an effort to satisfy, as a matter of priority, minimum essential levels.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Taxation and human rightss 2014, para. 28
- Paragraph text
- The obligation to progressively realize economic, social and cultural rights entails a prohibition of deliberate retrogression, namely, of measures that directly or indirectly lead to backwards steps in the enjoyment of rights. There is a strong presumption that such measures are in violation of human rights standards. States may only adopt such retrogressive measures if they can demonstrate that they have carefully considered all alternatives, including revenue-raising ones, and that they are duly justified by reference to the totality of the rights in the International Covenant on Economic, Social and Cultural Rights, in the context of the full use of the maximum available resources. The compatibility of, for example, austerity measures (such as those that many States implemented in the wake of the 2008/09 financial crisis) with the Covenant would therefore depend partly on whether the State has sought revenue-raising alternatives before making cuts in areas that are important for ensuring the enjoyment of economic, social and cultural rights, such as cuts in public sector employment, public services or social protection.
- 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
- 2014
- Date added
- Aug 19, 2019
Paragraph
Taxation and human rightss 2014, para. 29
- Paragraph text
- States have a duty to provide international assistance and cooperation commensurate with their capacities, resources and influence, as established in Articles 55 and 56 of the Charter of the United Nations and in several international human rights treaties. Particularly important are the obligations of international assistance and cooperation enshrined in the International Covenant on Economic, Social and Cultural Rights (arts. 2, para. 1 and 1, para. 1), the Convention on the Rights of the Child (art. 4) and the Convention on the Rights of Persons with Disabilities (art. 32), on the basis of the recognition that some countries will not be able to achieve the full realization of economic, social and cultural rights if other countries in a position to assist do not do so.
- 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
- Persons with disabilities
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Taxation and human rightss 2014, para. 33
- Paragraph text
- When acting as a member of an international organization, a State remains responsible for its own conduct in relation to its human rights obligations within and outside its territory. This includes identifying the possible human rights impact of measures agreed at the international level, including the impact on persons living in poverty. Therefore, when a State makes decisions about loans as a member of an international financial institution, careful consideration of human rights obligations would mitigate against imposing conditions regarding fiscal policies that may jeopardize the human rights of the borrower State's population or undermine that State's ability to use maximum available resources to realize economic, social and cultural rights.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Poverty
- Person(s) affected
- All
- N.A.
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Taxation and human rightss 2014, para. 34
- Paragraph text
- In the past, it has been difficult to reach international agreement on tax cooperation owing to the powerful entrenched interests at play and the reluctance of States to cede any sovereignty on tax affairs. In the current status quo, however, certain States - in particular low-income States and States with high debt levels or loans from international financial institutions - have very limited sovereignty over their tax affairs. Indeed, their actions in this sphere are frequently constrained by wealthy countries, international financial institutions and business interests. Tax sovereignty is also undermined by competition for foreign investment between developing countries, creating a "race to the bottom" in terms of both corporate tax rates and incentives.
- 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
- 2014
- Date added
- Aug 19, 2019
Paragraph
Taxation and human rightss 2014, para. 36
- Paragraph text
- Taxation is critical to finance development and can be a powerful tool for stimulating poverty reduction. Higher and more stable revenues result in increased sustainable investment in public services, infrastructure and other development needs, and improve competitiveness of economies over the long term. Taxes are not the only source of government revenue, but they are arguably the most important, because they combine three critical functions, addressed below: (a) the generation of revenue for the realization of rights; (b) achieving equality and tackling discrimination; and (c) strengthening governance and accountability.
- 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
- 2014
- Date added
- Aug 19, 2019
Paragraph
Taxation and human rightss 2014, para. 38
- Paragraph text
- Taxation policies also have the potential to reduce income and wealth inequalities, depending on their level and progressiveness. This is a crucial goal, because inequalities have been shown to slow the pace of poverty reduction, create intergenerational poverty traps through uneven access to health and education, and increase the vulnerability of societies to economic crises. Some research has shown that improvement in income distribution is the key channel for poverty reduction. In most economies, the redistribution achieved through income taxes is even higher than for means-tested social transfers.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Poverty
- Person(s) affected
- N.A.
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Taxation and human rightss 2014, para. 40
- Paragraph text
- Promoting economic growth is also a primary and legitimate concern of State fiscal policies. Progressive taxation can, however, help Governments to achieve more sustainable growth and to distribute the fruits of prosperity more fairly. Indeed, a recent study by the International Monetary Fund (IMF) found that the combined direct and indirect effects of redistribution, including the growth effects of the resulting lower inequality, are on average pro-growth. Many developing countries have experienced significant economic growth in recent decades, although without a proportionate reduction in poverty or inequality, indicating that the benefits of growth have been concentrated in the hands of a few. This is in large part because the proceeds of growth have not been adequately taxed and redistributed, leading to a concentration of wealth that has considerable negative implications for human rights, social cohesion and future economic growth prospects.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Taxation and human rightss 2014, para. 41
- Paragraph text
- The Special Rapporteur explores three key areas in which government revenue-raising policies or practices can facilitate the enjoyment of human rights below.
- 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
- 2014
- Date added
- Aug 19, 2019
Paragraph
Taxation and human rightss 2014, para. 46
- Paragraph text
- Progressive tax systems, in particular direct taxes, are one of the most important tools available to Governments in addressing income inequality. Personal income tax is one of the most progressive and important kinds of tax in this regard. Indirect taxes, such as those based on consumption (such as value-added or sales taxes) are typically regressive, because they generally constitute a larger proportion of the income of people living in poverty; for example, in Latin America, on average for the poorest 20 per cent of the population, sales tax accounts for 13.7 per cent of their income, while only 5.8 per cent of income for the richest 20 per cent. Thus, despite exemptions aimed at decreasing the burden on lower-income groups, the poor bear a tax burden 2.4 times higher than that of the wealthiest people. Women, who tend to use larger portions of their income on basic goods because of gender norms that assign them responsibility for the care of dependents, bear the regressive brunt of consumption taxes.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Poverty
- Person(s) affected
- Women
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Taxation and human rightss 2014, para. 47
- Paragraph text
- Overall, high tax rates for goods and services and low rates for income, wealth and property bring about inequitable and discriminatory outcomes; indeed, it has been shown that the negative effect of indirect taxes on the income of people living in or on the verge of poverty can be greater than the positive effect of cash transfers. Such regressive tax structures also restrict the redistributive aspect of social programmes, resulting in them effectively being funded by the very persons whom they seek to benefit. Thus, although each country's situation is different, the higher the prevalence of regressive taxes in the mix of revenue-raising sources, the more likely it is that a State will run afoul of the principles of equality and non-discrimination and that the minimum essential enjoyment of rights by the poorest will be threatened.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Person(s) affected
- N.A.
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Taxation and human rightss 2014, para. 49
- Paragraph text
- Tax structures also affect other types of inequality; for instance, tax structures frequently discriminate against women directly or indirectly, for example by assuming women's income to be supplemental to their household. This actively disincentivizes wage-earning and therefore could reduce participation in the labour market by women, potentially threatening their right to work. Policymakers should be aware of the extent to which tax policies, such as the treatment of income derived from jointly-owned assets of married couples, strengthen or break down gender inequalities, or discriminate against different types of households.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Person(s) affected
- Women
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Taxation and human rightss 2014, para. 51
- Paragraph text
- Historically, the formation of accountable and effective States has been closely tied to the emergence of taxation systems. Fiscal policies can spur State-building and foster citizenship, affect the level and quality of people's participation in public affairs and strengthen the accountability and capacity of the State. Conversely, tax abuse and unfair tax practices erode confidence in government, while States that do not have to rely on tax contributions (but rather on, for example, revenues from natural resources) tend to exhibit lower levels of accountability and participation in public affairs.
- 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
- 2014
- Date added
- Aug 19, 2019
Paragraph
Taxation and human rightss 2014, para. 52
- Paragraph text
- In the same vein, the more a State can rely on domestic rather than external resource mobilization for its financing, the more it will be able to deploy sustainable development strategies and policies that are responsive to the needs of its people and accountable to them. Therefore, a sustainable base of domestic revenue becomes an enabling factor to exercise the right to self-determination and the right of all persons to take part in the conduct of public affairs. In this regard, it will also be crucial to build public confidence that these resources are being well used by, for example, increasing public participation and oversight of budgeting and expenditure.
- 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
- All
- N.A.
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Taxation and human rightss 2014, para. 53
- Paragraph text
- Income distribution and its management through taxation also have a crucial relationship with democracy. Growing income disparities can serve to polarize and fragment societies, which can ultimately lead to alienation and social unrest.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Person(s) affected
- N.A.
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
The importance of social protection measures in achieving Millennium Development Goals (MDGs) 2010, para. 9
- Paragraph text
- Social insurance and social assistance are the two main segments of social protection. "Social insurance" refers to contributory insurance schemes providing pre-specified support for affiliated members. "Social assistance" encompasses initiatives providing both cash and in kind assistance to those living in poverty. Relevant social protection measures addressing the needs of those living in extreme poverty include cash transfer schemes, public-works programmes, school stipends, social pensions, food vouchers and transfers, and user-fee exemptions for health care, education or subsidized services.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Poverty
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
The importance of social protection measures in achieving Millennium Development Goals (MDGs) 2010, para. 10
- Paragraph text
- The duty to implement social protection policies to expand the protection available to persons living in extreme poverty flows directly from a number of human rights, in particular the right to social security and the right to an adequate standard of living, which are enshrined in the Universal Declaration of Human Rights, several international and regional human rights treaties, conventions of the International Labour Organization (ILO), and national constitutions. Ensuring access to social protection is thus not a policy option, but a State obligation under international human rights law. Understood in this way, human rights can greatly contribute to the building of the political support necessary to establish and expand social protection systems.
- 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
- All
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
The importance of social protection measures in achieving Millennium Development Goals (MDGs) 2010, para. 11
- Paragraph text
- States must comply with the international human rights legal framework when designing, implementing, monitoring and evaluating social protection programmes. To be sure, human rights standards do not provide answers to all the challenges faced by policymakers when designing social protection programmes. They do, however, impose legally binding obligations governing the discretion of States. Those obligations not only require States to put social protection systems in place, but also determine the manner in which they do so (obligations related to the process) and the intended results of such systems (obligations related to the outcome). Moreover, rights-based social protection measures help States to fulfil several human rights obligations, including ensuring the enjoyment of the right to the highest attainable standard of physical and mental health; the right to education, the protection of the family and maternity benefits; the right to fair and equal remuneration for work; and the specific rights of vulnerable groups such as children, older persons and persons with disabilities.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- Children
- Older persons
- Persons with disabilities
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
The importance of social protection measures in achieving Millennium Development Goals (MDGs) 2010, para. 12
- Paragraph text
- The elimination of all forms of discrimination, including gender-based discrimination, is an overarching human rights principle that must guide the conduct of States. Given that gender inequality is a cause and a factor that perpetuates it, effective development strategies must take into account State obligations regarding gender equality and the protection of the full range of women's rights. This is made clear in the Beijing Declaration, which affirms that the "[e]radication of poverty based on sustained economic growth, social development, environmental protection and social justice requires the involvement of women in economic and social development, equal opportunities and the full and equal participation of women and men as agents and beneficiaries of people-centred sustainable development".
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Environment
- Equality & Inclusion
- Gender
- Poverty
- Social & Cultural Rights
- Person(s) affected
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
The importance of social protection measures in achieving Millennium Development Goals (MDGs) 2010, para. 13
- Paragraph text
- Compliance with those principles is particularly important in the implementation of social protection systems. This stems from the International Covenant on Economic Social and Cultural Rights, which prohibits any form of discrimination in the fulfilment of all economic, social and cultural rights, including the right to social security, and ensures the equal rights of men and women. The Convention on the Elimination of All Forms of Discrimination against Women, inter alia, obliges States parties to eliminate or amend policies and practices resulting in unequal access for women to public services such as health care and family benefits. It also highlights the unique challenges faced by working women during pregnancy and maternity and it encourages States to ensure that women have access to various social services that support them as they balance their work and family obligations.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Social & Cultural Rights
- Person(s) affected
- Families
- Men
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
The importance of social protection measures in achieving Millennium Development Goals (MDGs) 2010, para. 14
- Paragraph text
- Efforts to advance a development agenda based on human rights must address State obligations concerning gender equality and women's empowerment. Since several social protection programmes, such as cash or asset transfer schemes, and public-works schemes, explicitly target women, it is often assumed that gender issues are already addressed. Such targeting, however, does not mean that gender dynamics have been adequately taken into account in the design, implementation and evaluation of such programmes. Owing to existing economic, social and cultural inequalities, women face a number of obstacles that affect their ability to benefit from social protection schemes. States must therefore examine and address the roles that power and gender dynamics play in the implementation, sustainability and impact of social programmes. Otherwise, such programmes may increase the vulnerability and inequality of women, and thus fail to comply with human rights standards.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Gender
- Social & Cultural Rights
- Person(s) affected
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
The importance of social protection measures in achieving Millennium Development Goals (MDGs) 2010, para. 73
- Paragraph text
- States have the duty to protect persons against risks and vulnerabilities in an equal and non-discriminatory manner. Human rights obligations go beyond eliminating discrimination in law, policy and practice, and require States to take special measures to protect the most vulnerable segments of society as a matter of priority, while taking measures to progressively ensure universal protection. In this regard, the human rights approach is fundamental in channelling policies related to the Millennium Development Goals towards those who are most vulnerable and suffer most from direct and indirect forms of discrimination. Such channelling is an element missing from the Millennium Development Goal agenda.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
The importance of social protection measures in achieving Millennium Development Goals (MDGs) 2010, para. 75
- Paragraph text
- Accepting these principles entails both carefully screening policy choices to prevent the unfair exclusion of disadvantaged and disempowered groups - in particular, persons with disabilities, older persons, indigenous peoples, minorities and persons with HIV/AIDS - and actively seeking out ways to ensure that they are reached. In this regard, social protection programmes must be physically and culturally accessible. This means, for example, that benefits must be distributed within a safe physical distance and that transportation or opportunity costs must be taken into account. Outreach and information regarding programmes must be specifically designed to reach groups that are particularly vulnerable or excluded; examples include radio announcements and community plays aimed at overcoming illiteracy. Information about programmes must be available in the languages of minorities, indigenous peoples and immigrant populations.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Persons with disabilities
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
The importance of social protection measures in achieving Millennium Development Goals (MDGs) 2010, para. 84
- Paragraph text
- Programmes must be designed to mitigate gender-based power relations and address unequal decision-making powers and roles within both the household and the community. States should, for example, ensure the effective participation of women by establishing sex quotas in the governance structures of programmes. Programmes should take every opportunity to promote gender equality and mobilize women to organize themselves. For example, programme administrators should explore ways in which to make the best possible use of their regular interaction with communities to address prevailing gender inequalities, including identifying women's obstacles and addressing gender-based violence and early marriage. Where community meetings exist, they can be used to address women's time constraints and to mobilize women's groups.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
The importance of social protection measures in achieving Millennium Development Goals (MDGs) 2010, para. 17
- Paragraph text
- At a basic level, social protection has the potential to shield the most vulnerable segments of society from various "shocks". These include personal crises such as lack of income due to unemployment, disability or sickness, as well as crises at the macro level such as economic slowdowns, large-scale structural adjustments or, increasingly, crises due to climate-change-related environmental degradation (including crop failures, flooding and droughts). By transferring resources to those in need, social protection increases consumption, reduces a household's extreme vulnerabilities and prevents further deterioration in living conditions. Evidence suggests that without social protection, there will be, inter alia, an increase in poverty and the prevalence of child labour and HIV/AIDS, higher levels of exclusion from access to health and education, and low access to productive activities. Social protection also helps to keep individuals who live on or close to the poverty line from backsliding into poverty following a sudden loss of income or increase in expenses.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Poverty
- Person(s) affected
- Children
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
The importance of social protection measures in achieving Millennium Development Goals (MDGs) 2010, para. 18
- Paragraph text
- Moreover, several kinds of social protection programmes contribute to income generation and enable recipients to accumulate and protect assets, building their resilience in the face of shocks and increasing their chances of escaping extreme poverty. The additional income that social protection provides through various types of cash or in kind transfers and microcredit schemes enables families and individuals to accumulate savings, engage in long-term planning and invest in productive assets. Increasingly, social protection programmes are also designed to enable households to invest in human capital development, thus preventing poverty from being passed on from one generation to the next.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Poverty
- Person(s) affected
- Families
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
The importance of social protection measures in achieving Millennium Development Goals (MDGs) 2010, para. 19
- Paragraph text
- Many studies note the potential of social protection initiatives to promote progress towards the achievement of Millennium Development Goal 1, in particular target 1: halving income poverty by 2015. The World Bank estimates that social protection interventions could reduce the total poverty head-count rate by 5 to 10 per cent. Data from national flagship programmes show such results. In Mexico, for example, the PROGRESA programme, a cash transfer scheme, may have led to a 36 per cent decrease in the poverty gap among beneficiaries. Together with an increase in the minimum wage, Brazil identifies the expansion of its cash transfer programme, "Bolsa Familia", as the reason for its having met target 1 ahead of schedule.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Poverty
- Person(s) affected
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
The importance of social protection measures in achieving Millennium Development Goals (MDGs) 2010, para. 20
- Paragraph text
- Numerous studies demonstrate that specific cash transfer programmes have been effective in working towards target 2 of the Millennium Development Goals: halving the number of persons suffering from hunger by 2015. For example, the Productive Safety Net Programme in Ethiopia, the National Rural Employment Guarantee Scheme in India, the initiative "Challenging the Frontiers of Poverty Reduction: Targeting the Ultra-Poor" in Bangladesh and the Kalomo District Pilot Social Cash Transfer Scheme in Zambia have all improved nutritional levels. In a wide range of programmes and countries, there is strong evidence of a direct link between income supplementation and food consumption among beneficiary households. A number of countries have noted the possible role of school meal programmes and the distribution of food baskets in the achievement of significant gains towards the fulfilment of target 2.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Poverty
- Person(s) affected
- All
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
The importance of social protection measures in achieving Millennium Development Goals (MDGs) 2010, para. 28
- Paragraph text
- However, the independent expert stresses the need to be cautious in evaluating progress towards the achievement of Millennium Development Goal 2 (achieve universal primary education) through targets based solely on enrolment numbers. Whether the detected positive effects on school enrolment translate into substantive gains in education is a question still open for debate. While school enrolment and attendance are necessary, the establishment of additional policies to ensure the availability and adequacy of schools, the high quality of education and the transition from school to the labour market is also essential.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Person(s) affected
- All
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
The importance of social protection measures in achieving Millennium Development Goals (MDGs) 2010, para. 34
- Paragraph text
- Social protection can also promote maternal health (Goal 5). For example, social cash transfers, which provide additional income, can be used by beneficiaries to cover health-care and transportation costs. Evaluations of the "Juntos" scheme in Peru, a conditional cash transfer programme, showed an increase of approximately 65 per cent in the number of prenatal and post-natal visits to health clinics and a reduction in the number of home births in areas where there were high levels of maternal mortality. In addition, social funds supporting the development of local health-care infrastructure have been proved effective in reducing infant mortality rates.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Social & Cultural Rights
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
The importance of social protection measures in achieving Millennium Development Goals (MDGs) 2010, para. 35
- Paragraph text
- Evidence also shows the positive impacts of social protection for people living with HIV/AIDS and their families. For example, in a number of African countries in which HIV/AIDS is prevalent, universal old-age pensions have significantly improved the lives of AIDS orphans raised by their grandparents. There are also programmes that are testing how financial incentives in the form of cash transfers could have a positive impact in preventing HIV/AIDS (Goal 6). For example, the RESPECT Project, a pilot cash-transfer programme in the United Republic of Tanzania, uses cash as an incentive to reduce risky sexual activity among young people, male and female, who are at high risk for HIV infection and to provide counselling and periodic screening for sexually transmitted infections. The final outcomes of this approach have yet to be seen, and further human rights analyses are required.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Person(s) affected
- Older persons
- Youth
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
The importance of social protection measures in achieving Millennium Development Goals (MDGs) 2010, para. 36
- Paragraph text
- The effects of social protection measures such as cash and in-kind transfers on the health status of persons living in extreme poverty will not be consolidated unless they are accompanied by adequate investment in the provision of health care and the guarantee of access to medicines. Also essential is coordination among various social policies, including coordination between programme managers and health service providers, to ensure adequate, accessible and gender-sensitive health-care services, even in the most remote and vulnerable communities. In addition, States should provide mass immunizations and public health awareness campaigns.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Poverty
- Person(s) affected
- All
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
The importance of social protection measures in achieving Millennium Development Goals (MDGs) 2010, para. 40
- Paragraph text
- For example, appropriate social protection programmes could include cash transfers to those who are most vulnerable to climate change risks and have the least adaptive capacity. This could prevent them from using damaging coping mechanisms and help them to build assets and resilience through the development of more climate-resistant livelihoods, livelihood diversification or weather-indexed crop insurance. Properly designed and implemented employment guarantee schemes could be another way in which to build the resilience of vulnerable persons in the face of climate change. Social protection programmes must be among the pillars of the climate change action plans that are increasingly being formulated by Governments.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Person(s) affected
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
The importance of social protection measures in achieving Millennium Development Goals (MDGs) 2010, para. 41
- Paragraph text
- While it is positive that the importance of sustainable development is reflected in the Millennium Development Goals, it is regrettable that they fail to include a specific goal or target related to climate change. This is despite the fact that those living in extreme poverty are affected the most by, yet have contributed the least to, the phenomenon. In addition, Goal 7 (ensure environmental sustainability) is criticized for not appropriately representing the realities of developing countries. For instance, many low- and middle-income countries argue that they cannot afford to focus on renewable energy sources, such as solar and wind power, and instead need to use natural resources to achieve the Millennium Development Goals. While this is a complex issue, the "pollute first, clean up later" approach is clearly not a viable option. For most low-income countries, Goal 7 is not necessarily about cutting emissions, but rather about enabling those in poverty to "manage, control and sustainably develop natural resources". In this regard, social protection programmes can play a considerable role.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Poverty
- Person(s) affected
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
The importance of social protection measures in achieving Millennium Development Goals (MDGs) 2010, para. 42
- Paragraph text
- While climate change simultaneously poses massive challenges for human rights and the prospects of those living in extreme poverty, the international and domestic actions required in the context of climate change represent an unparalleled opportunity to overcome poverty, generate new levels of development, further the realization of human rights and build a more stable, balanced and robust global economy. States - particularly the industrialized countries that emit high levels of greenhouse gasses - must provide substantial funding, separate from and additional to pre-existing official development assistance (ODA) commitments, to help developing countries adapt to the inevitable effects of a warming climate.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Poverty
- Person(s) affected
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
The importance of social protection measures in achieving Millennium Development Goals (MDGs) 2010, para. 43
- Paragraph text
- Several developing countries face human, technical and financial constraints in establishing robust social protection systems. They require funds in order to first establish and then scale up such programmes. In this sense, social protection provides an excellent opportunity to forge stronger global partnerships. As addressed in previous reports, legally binding obligations and political commitments such as those set out in the Millennium Declaration and the Millennium Development Goals highlight the shared international responsibility for poverty reduction. International support for social protection measures becomes even more relevant in the context of the global economic crisis and its severe impact on the least developed countries. Unfortunately, the international community is failing to meet its ODA commitments, with negative consequences for the expansion of social protection systems around the world.
- 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
- 2010
- Date added
- Aug 19, 2019
Paragraph
The importance of social protection measures in achieving Millennium Development Goals (MDGs) 2010, para. 44
- Paragraph text
- One of the most positive initiatives aimed at strengthening global partnerships in the context of social protection is the Social Protection Floor Initiative, launched in 2009 by the United Nations System Chief Executives Board for Coordination. Identifying a number of basic human rights obligations as focal points, the Initiative helps mobilize resources and expertise to assist countries in filling critical gaps in protection. The Initiative could be understood as the minimum set of policies upon which States can build higher standards of protection once national budget capacities have increased. It could be strengthened through the greater incorporation of human rights and the broadening of its scope to all relevant actors at the country level, including civil society organizations and the private sector.
- 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
- 2010
- Date added
- Aug 19, 2019
Paragraph
The importance of social protection measures in achieving Millennium Development Goals (MDGs) 2010, para. 49
- Paragraph text
- Gender inequality causes and perpetuates poverty. Gender-based discrimination limits women's opportunities to gain access to education, decent work, land ownership, credit, inheritance and other economic resources, thus increasing their likelihood of living in extreme poverty. Other factors, including age, ethnicity, race, disability and health status, compound the discrimination that women face and affect their living conditions. Accordingly, it is widely accepted that improving the situation of women is essential for sustainable development. Eliminating extreme poverty in the long run, therefore, requires careful consideration of the various types of risks and the vulnerability to poverty experienced by men and boys and by women and girls.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Poverty
- Person(s) affected
- Boys
- Girls
- Men
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
The importance of social protection measures in achieving Millennium Development Goals (MDGs) 2010, para. 50
- Paragraph text
- Economic shocks affect women and men differently. Owing to discrimination and gender inequality, women are disproportionately represented in the informal economy and thus have less access than men to many social insurance benefits, such as pensions and unemployment and sickness benefits. Even where women are employed in the formal labour market, discrimination often results in lower wages. Moreover, an interrupted work history as a result of care responsibilities, in particular child-rearing, and a longer life expectancy worldwide reduce the ability of women to contribute to social protection schemes and further disadvantage them in old age.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Person(s) affected
- Children
- Men
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
The importance of social protection measures in achieving Millennium Development Goals (MDGs) 2010, para. 54
- Paragraph text
- The fact that structural discrimination against women prevails in most societies and the consequent limited influence of women in decision-making processes must be taken into account in all stages of programmes. Gender stereotypes frequently attribute to women the responsibility of caregiving, particularly for children and older persons. While such activities contribute significantly to household and community well-being and development, they often go unrecognized by States and societies. Domestic responsibilities are usually not remunerated, and they often prevent women from gaining access to the formal labour market and limit the opportunities for women and girls to participate in capacity-building activities, including education and training.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Children
- Girls
- Older persons
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
The importance of social protection measures in achieving Millennium Development Goals (MDGs) 2010, para. 55
- Paragraph text
- It is widely accepted that the provision of social protection benefits to women significantly improves the education, health and nutritional levels of children. Understandably, this component has been incorporated into many social protection schemes around the world, with very positive consequences. However, the specific channelling of social protection towards women to increase the well-being of other household members must not undermine women's enjoyment of their human rights. The design of programmes should respect and acknowledge the role of women as care providers without reinforcing patterns of gender discrimination and negative stereotyping.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Children
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
The importance of social protection measures in achieving Millennium Development Goals (MDGs) 2010, para. 57
- Paragraph text
- In all types of programmes, it is crucial to ensure that gender-sensitive eligibility criteria are utilized. Some administrative requirements, such as the requirement that identification or birth registration documents be shown in order to qualify for a programme, may exclude women as they are less likely to possess an identity card or to have been registered at birth. Moreover, targeting methods can be dangerous if no attention is paid to local power structures. For example, having community leaders determine who receives benefits (community targeting) can reinforce power structures, local gender norms and patron-client relations, often to the detriment of women, who are less able than men to influence decision-making processes. In some cases, community-targeted programmes have resulted in the further exclusion of already socially marginalized women.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
The importance of social protection measures in achieving Millennium Development Goals (MDGs) 2010, para. 59
- Paragraph text
- Social protection programmes must take into account and address all obstacles preventing women from gaining access to or participating in them. Childcare facilities, for example, appear to be effective in ensuring the participation of women in social protection programmes. Public-works programmes should allow for flexible working hours in order to accommodate domestic responsibilities. In addition, public-works activities could prioritize the promotion of gender-sensitive community assets (for example, facilitation of access to water, sanitation and firewood). In addition, policymakers could assess the feasibility of moving beyond employment-intensive social infrastructure projects to include some activities that might attract women while lessening their burden of unpaid work, such as child or elderly care. In any case, public work programmes must always ensure there are equal wages for men and women.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Gender
- Water & Sanitation
- Person(s) affected
- Children
- Men
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
The importance of social protection measures in achieving Millennium Development Goals (MDGs) 2010, para. 60
- Paragraph text
- Conditional cash transfer programmes, in which women are expected to take full responsibility for meeting the conditions attached to programme participation (such as ensuring that children attend school and undergo compulsory medical check-ups) can be of particular concern. By imposing such responsibilities only on women, programmes may perpetuate gender stereotypes, limit women's ability to work and further undermine their well-being. Additional demands on their time may limit women's ability to seek health care (particularly if health-care centres are not easily accessible and childcare is unavailable) or further deprive them of leisure time. In some situations, such requirements can place a woman at risk of violence or abuse within the household for not having ensured compliance and thus having lost the benefit. They can also create scope for abuse by the relevant authorities, such as teaching personnel or health service providers.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Children
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
The importance of social protection measures in achieving Millennium Development Goals (MDGs) 2010, para. 63
- Paragraph text
- Gender inequality and discrimination patterns greatly affect the equal opportunities of women and men to seek, share and receive information about social protection programmes, participate in decision-making processes and register complaints that can result in local authorities being held accountable. The designing and implementation of participatory channels without taking into account gender relations within the community may reinforce women's dependency on men. For example, women may be present at a community meeting, but gender roles may prevent them from expressing their concerns, especially if male members of the community are present.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Person(s) affected
- Men
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
The importance of social protection measures in achieving Millennium Development Goals (MDGs) 2010, para. 64
- Paragraph text
- Social protection programmes must include accountability mechanisms that are accessible to both men and women. Their design must thus take into account the gender dynamics within the community and the household that may prevent women from voicing or lodging a complaint. Such mechanisms must also take account of the realities of gender-based violence and sexual harassment. Women, for example, might be reluctant to participate in programmes or claim rights and entitlements for fear of violence or abuse from male community members or sexual harassment from a male programme implementer. Monitoring and evaluation mechanisms must also incorporate sex-disaggregated indicators to assess and improve their ability to take into account women's voices.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Violence
- Person(s) affected
- Men
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
The importance of social protection measures in achieving Millennium Development Goals (MDGs) 2010, para. 67
- Paragraph text
- The present report stresses the fact that a rights-based approach to social protection programmes will maximize their potential for ensuring the achievement of the Millennium Development Goals. This section contains recommendations concerning how to frame the discourse on social protection and the Goals in human rights terms. Social protection interventions based on human rights can ensure that underlying obstacles cutting across all Millennium Development Goals are tackled. As the core of a rights-based social protection system, special attention to the various impacts of poverty on men and women must be provided by policymakers during the design, implementation, monitoring and evaluation of programmes.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Social & Cultural Rights
- Person(s) affected
- Men
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
The importance of social protection measures in achieving Millennium Development Goals (MDGs) 2010, para. 68
- Paragraph text
- The establishment of a solid legal and institutional framework for social protection measures at the national level is a fundamental first step towards the realization of human rights as well as the achievement of the Millennium Development Goals. Enshrining social protection within domestic law affirms the duty of States to protect and promote the right to social security and an adequate standard of living. It solidifies States' long-term commitment to poverty reduction, placing social protection firmly on the political agenda. The independent expert has repeatedly emphasized the significance of legal and institutional frameworks in ensuring the long-term success of social protection programmes.
- 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
- All
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
The importance of social protection measures in achieving Millennium Development Goals (MDGs) 2010, para. 69
- Paragraph text
- The explicit inclusion of human rights norms, such as the right to social security, in domestic legislation places social protection within a framework of legally binding and enforceable rights and obligations. For example, various State constitutions unambiguously provide for the right to social security. Under such a framework, beneficiaries of social protection become "rights-holders" who can make claims against the State. Similarly, States and development partners become "duty-bearers", responsible for allocating resources to social protection in a manner that reflects human rights principles.
- 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
- 2010
- Date added
- Aug 19, 2019
Paragraph
The importance of social protection measures in achieving Millennium Development Goals (MDGs) 2010, para. 70
- Paragraph text
- Legal and institutional frameworks also clarify the various roles and responsibilities of all stakeholders (Governments, development agencies and civil society organizations, as well as beneficiaries). This is an essential requirement for accountability. It also guarantees the involvement of State authorities throughout the development of social protection programmes. Clear and effective legal and institutional frameworks also significantly reduce the risk that political changes will jeopardize existing social protection programmes, which in turn protects beneficiaries from potential violations of their right to social security.
- 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
- 2010
- Date added
- Aug 19, 2019
Paragraph
The importance of social protection measures in achieving Millennium Development Goals (MDGs) 2010, para. 71
- Paragraph text
- The interdependence and the mutually reinforcing nature of human rights demand that States approach social protection holistically. They require that States establish a network of policies and programmes that collectively support the realization of all rights and the highest possible level of development. For example, if States are concerned exclusively with achieving Millennium Development Goal 2, they might opt for policies that will increase the overall number of children in school, but fail to ensure equal access to education. Conversely, if a State recognizes that the objective is not simply to achieve Goal 2, but also to provide for the right of everyone, without discrimination of any kind, to a high-quality education - which, in the longer term, will do more to help overcome poverty - policymakers will need to examine how social protection could better assist in meeting Millennium Development Goal targets in a manner that addresses issues of social inequality and vulnerability.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
The importance of social protection measures in achieving Millennium Development Goals (MDGs) 2010, para. 72
- Paragraph text
- Similarly, while social protection interventions such as cash transfers free up financial resources that families can use to improve their health, such gains risk becoming meaningless in the absence of measures to guarantee universal enjoyment of the right to health, such as ensuring the adequacy of health-care infrastructure. The positive interaction among social protection, human rights and the Millennium Development Goals is strongest when it forms part of a supporting network of social policies (for example, quality standards for teachers and health-care professionals, infrastructure development and public awareness campaigns related to health and education).
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Social & Cultural Rights
- Person(s) affected
- Families
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
The importance of social protection measures in achieving Millennium Development Goals (MDGs) 2010, para. 87
- Paragraph text
- Social protection is not a policy panacea and must be regarded as one element in a broad development strategy aimed at overcoming poverty and ensuring the enjoyment of human rights, including equality between men and women. It should be developed in coordination with other policies addressing the various factors causing or perpetuating gender inequality. In most countries, women's vulnerability to poverty would not change with social protection alone. Measures such as ensuring for women access to land, productive resources and credit; fair inheritance rights; full legal capacity; access to justice; and the removal of mobility restrictions are critical to effective development strategies. Moreover, the protection of women and girls from acts of violence against them, and the prevention and punishment of such acts, are essential for improving their standard of living. In this regard, national legislation must be in line with international human rights standards, in particular the Convention on the Elimination of All Forms of Discrimination against Women.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Social & Cultural Rights
- Person(s) affected
- Girls
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
The importance of social protection measures in achieving Millennium Development Goals (MDGs) 2010, para. 89
- Paragraph text
- This principle is supported by a number of specific human rights, including the right to freedom of expression and association. Participation must go beyond simple consultation. States should create an enabling environment for the effective participation of all vulnerable and disempowered groups, taking into account their constraints as well as asymmetries of power. Participation is also essential to ensure that interventions aimed at the achievement of the Millennium Development Goals are empowering and transformative, rather than the result of technocratic, top-down State policies. There are several programmes into which participatory mechanisms have been incorporated, with varying degrees of success. Brazil's "Bolsa Familia" programme, for example, requires municipal Governments to establish supervisory bodies composed of representatives of both local government and civil society, who jointly make decisions on how best to implement the programme within their community.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
The importance of social protection measures in achieving Millennium Development Goals (MDGs) 2010, para. 91
- Paragraph text
- A human rights framework also demands accountability and redress mechanisms. Policymakers and others whose decisions and actions have a negative impact on the right to social security or the right to an adequate standard of living must be held accountable. Independent and effective judicial and quasi-judicial (such as human rights commissions and ombudspersons) mechanisms must be put in place to monitor the formulation and implementation of social policies. As has already been emphasized, in order to ensure that the more disadvantaged and disempowered can gain access to accountability mechanisms, such mechanisms must meet certain technical requirements, such as guaranteeing confidentiality, allowing for individual and collective complaints, being sufficiently resourced, being independent from political interference, and being culturally appropriate and gender-sensitive.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
The importance of social protection measures in achieving Millennium Development Goals (MDGs) 2010, para. 96
- Paragraph text
- Donor States must ensure coordination, predictability and a long-term perspective in the provision of assistance. Ensuring sustainability requires the strengthening of the recipient State's capability to eventually implement the programme unassisted. This includes a broad range of measures that can be supported by donor States, such as providing technical support to local and national authorities, building civil society's capacity to monitor the social protection system and hold the Government accountable, and assisting in strengthening the capacity to mobilize domestic resources (such as through more effective tax systems).
- 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
- 2010
- Date added
- Aug 19, 2019
Paragraph
The importance of social protection measures in achieving Millennium Development Goals (MDGs) 2010, para. 98
- Paragraph text
- It is widely recognized that social protection interventions do not work in isolation; they must be developed within a broader policy framework, integrating various protective initiatives and ensuring access to essential social services and a favourable economic environment. The present report provides concrete recommendations regarding the core elements of a rights-based social protection system. The adoption of a human rights approach to social protection not only responds to international obligations and commitments, but also improves the effectiveness of such strategies and aligns them with the holistic perspective required to tackle the various dimensions of poverty.
- 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
- 2010
- Date added
- Aug 19, 2019
Paragraph
The importance of social protection measures in achieving Millennium Development Goals (MDGs) 2010, para. 99
- Paragraph text
- The Millennium Development Goal review process is an opportunity to build and expand social protection systems, translating statements of commitment to the elimination of extreme poverty into reality. Raising awareness of human rights and how individuals can claim them would further contribute to poverty reduction. Human rights, such as the right to social security, an adequate standard of living and decent working conditions, and equality between women and men, are enshrined in numerous international human rights treaties, under which States are obligated to take concrete measures.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Social & Cultural Rights
- Person(s) affected
- Men
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
The importance of social protection measures in achieving Millennium Development Goals (MDGs) 2010, para. 100
- Paragraph text
- The review process is also an important opportunity to strengthen the international environment supporting gender equality in a broad sense and women's own voice and agency. Improvements in gender equality achieved through social protection and other, more comprehensive measures are strongly linked to the eradication of extreme poverty and hunger (Millennium Development Goal 1). Calls for the achievement of Millennium Development Goals must be complemented by a renewed commitment to the existing gender-related framework within human rights law, such as the Convention on the Elimination of all Forms of Discrimination against Women. Over the next five years, in order to ensure compliance with the Goals as well as with the commitments after 2015, gender-specific issues should be made much more visible.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
The importance of social protection measures in achieving Millennium Development Goals (MDGs) 2010, para. 101
- Paragraph text
- Poverty is not gender-neutral, and any approach to social protection that is aimed at achieving the Millennium Development Goals while respecting human rights must take account of the fact that women and men experience poverty differently. Numerous studies have shown a positive link between improvement in terms of women's access to health care, education and other social benefits, and economic growth, the reduction of income poverty and overall progress in achieving the Millennium Development Goals. Gender equality is a development objective to which gender-aware social protection can contribute.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Poverty
- Person(s) affected
- Men
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Social protection and old age poverty 2010, para. 9
- Paragraph text
- The proportion of older persons is growing fastest in developing countries. In South East Asia, the percentage of older persons will have increased to 10 per cent by 2025 and 19 per cent by 2050. In South Asia, it is projected that the older population will have increased by 350 million between 2000 and 2050. This is more than five times the increase of 66 million from 1950 to 2000. Older persons constituted less than 7 per cent of the increase in population from 1950 to 2000 but will account for 20 and 62 per cent of the increase from 2000 to 2025 and from 2025 to 2050 respectively. In Africa, the pace of growth of the older persons' population is slower, but nevertheless the number of persons aged 60 or above is set to quadruple: from 47.9 million in 2005 to 206.8 million by 2050. In Latin America and the Caribbean, about 24 per cent of the population will be 60 or over by 2050, with the most rapid growth occurring among the "oldest old", those aged 80 or above. By 2050, there will be more people aged over 60 than under 15 years of age.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Older persons
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Social protection and old age poverty 2010, para. 12
- Paragraph text
- The overarching goals of the Madrid Plan of Action on Ageing include ensuring the full enjoyment of economic, social and cultural rights, and civil and political rights by older persons and the elimination of all forms of violence and discrimination against older persons; achieving gender equality for older persons through inter alia eliminating gender discrimination; and providing quality health care, support and social protection for older persons. The Plan of Action combines a statement of political will with practical recommended actions for States. Given their specificity and level of detail, these are vital tools to guide a State in implementing its political and legal commitments.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Health
- Person(s) affected
- Older persons
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Social protection and old age poverty 2010, para. 13
- Paragraph text
- Assessing poverty among older people is a complex exercise, and several factors cause household surveys to underestimate poverty among older persons. For example, there is a lack of understanding of the dynamics of dependency upon different family members. Disaggregated data on this issue is lacking, which leads to a lack of understanding of how income is distributed within a household and of the specific situation of older persons within that household. Measures of old-age poverty that rely on household income ignore the fact that in many multigenerational households resources are allocated disproportionately towards children and those of working age.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Poverty
- Person(s) affected
- Children
- Older persons
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Social protection and old age poverty 2010, para. 19
- Paragraph text
- Older women are disproportionately disadvantaged: they are marginalized due to their age and tend to be poorer than men. Because of gendered discrimination patterns throughout their life, women are often in a situation where they have accumulated lesser wealth than men. Cultural practices of early marriage and women's longer life expectancy than men worldwide lead to a situation where women are more likely to be widows than men, and being widowed puts older women at higher risk of being poor. In many countries, women have limited access to land and other assets. For example, in India, 60 per cent of older women (compared to 30 per cent of older men) have no valuable assets in their name and research indicates that few female widows can count on family or community support. In urban China, poverty rates are three to four times higher among older women than among older men.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Poverty
- Person(s) affected
- Older persons
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Social protection and old age poverty 2010, para. 20
- Paragraph text
- Most older women are excluded from formal social security and health insurance schemes as these are linked to paid, formal-sector employment. In developing countries, the great majority of women work all their lives in the informal sector or unpaid activities. In developed countries too, older women are more likely than men to be poor at old age. On average, in European Union countries, older women have a poverty risk rate of about 22 per cent as compared to 16 per cent for older men. They are less likely to receive a large contributory pension since they are more likely to have stopped work at some point over their lifetime to take on the burden of child rearing and are also more likely to have received lesser wages for their work than men.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Poverty
- Person(s) affected
- Older persons
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Social protection and old age poverty 2010, para. 22
- Paragraph text
- In many parts of the world, the widespread migration of younger generations to the cities challenges the idea that the active generation will support their elders. In the rural regions of many Asian countries, urban migration is causing a substantial decrease of co-residence of older persons with their younger families. The same phenomenon is documented in African countries. Having to rely on their children that have moved nationally or internationally is often a risk for older persons. Often, financial support provided by children becomes irregular and insecure, even though they may still be asked to care for grandchildren.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Person(s) affected
- Children
- Older persons
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Social protection and old age poverty 2010, para. 26
- Paragraph text
- As detailed in the expert's previous reports, social protection is defined as encompassing a wide range of policies designed to address the risks and vulnerabilities of individuals and groups, irrespective of whether they can or cannot work. It seeks to help them cope with, and overcome, situations of poverty, especially when they result from circumstances outside of their control. Social protection systems are generally structured around three important objectives for poverty elimination: (i) facilitating recovery from crises that have led people to become poor; (ii) contributing to the ability of chronically poor people to emerge from poverty; and (iii) supporting the less active poor (such as the elderly, persons with disabilities and children) so that their poverty will not be inherited by the next generation. Governmental entities are the main providers of social protection, but often civil society entities and the private sector also contribute.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Social & Cultural Rights
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Social protection and old age poverty 2010, para. 28
- Paragraph text
- Social protection can be divided in two main segments: social insurance and social assistance. Social insurance refers to all contributory insurance schemes providing pre-specified support for affiliated members in the event of contingencies such as injury, sickness, disability and old age. Social assistance encompasses all initiatives providing both cash and in-kind assistance to those living in poverty; these are often financed by general taxation revenues or external aid. Social pensions consist of cash benefits received by persons above a given age without the requirement of compulsory contributions; they are essential components of social assistance. Contributory and non-contributory schemes should be regarded as complementary and mutually reinforcing aspects of social protection.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Poverty
- Social & Cultural Rights
- Person(s) affected
- Older persons
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Social protection and old age poverty 2010, para. 30
- Paragraph text
- This coverage gap particularly affects those living in extreme poverty. It is in countries with lower GDP per capita and among the least educated that coverage rates of existing contributory social security systems are lowest. Contributory systems cover 85 per cent of the labour force in almost all high-income member States of the Organization for Economic Cooperation and Development (OECD), but in several countries in sub-Saharan Africa, coverage can fall to below 5 per cent of the workforce. Even middle-income countries of Latin America that had established social security systems covering a significant proportion of the population saw coverage rates declining in the last decades following the liberalization of labour markets.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Poverty
- Person(s) affected
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Social protection and old age poverty 2010, para. 32
- Paragraph text
- In the absence of contributory social security, social assistance and, in particular, the provision of non-contributory pensions to older persons plays a central role in bridging the existing protection gap. Studies conducted in countries that have established non-contributory schemes demonstrate their positive impact on poverty indicators. In OECD countries with good coverage of formal insurance and the longest experience in investing in this type of pension, poverty rates would be significantly higher without non-contributory schemes. The same is true for middle-income countries that have also invested in social pensions during recent decades.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Poverty
- Person(s) affected
- Older persons
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Social protection and old age poverty 2010, para. 38
- Paragraph text
- Several treaties contain specific references to old age. The Convention on Elimination of All Forms of Discrimination against Women stipulates "the right to social security, particularly in cases of retirement, unemployment, sickness, invalidity and old age and other incapacity to work" (art. 11). It is also understood that the prohibition of discrimination included in major human rights treaties is understood as non-exhaustive; therefore, even if age is not mentioned specifically as a prohibitive ground for discrimination, it should still be accepted under "other status". The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families specifically identifies age as a prohibited ground for discrimination.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Social protection and old age poverty 2010, para. 39
- Paragraph text
- In 1995, the Committee on Economic, Social and Cultural Rights adopted a general comment on the rights of older persons, in which it stressed that States needed to adapt their social and economic policies to respond to the needs of ageing populations and should give more consideration to older persons in their human rights monitoring and reporting. The general comment also sheds light on the relationship between the provisions of the International Covenant on Economic, Social and Cultural Rights, the Vienna International Plan of Action and the United Nations Principles for Older Persons, clearly indicating that both binding and non-binding commitments are linked.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Social & Cultural Rights
- Person(s) affected
- Older persons
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Social protection and old age poverty 2010, para. 40
- Paragraph text
- In 2009, the Committee on the Elimination of Discrimination against Women established a working group to elaborate a general recommendation on the rights of older women. In its preliminary work, the working group explains that the impact of gender inequalities throughout a woman's lifespan is intensified in old age and often results in unfair resource allocation, maltreatment, abuse, gender-based violence and prevention of access to basic services. The general recommendation will be an important tool for addressing the human rights of older women and the elimination of discrimination they face throughout their lives.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Older persons
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Social protection and old age poverty 2010, para. 41
- Paragraph text
- The right to social security is firmly grounded in international human rights law and several treaties contain specific references to old age protection through social security schemes. Further to articles 22 and 25 of the Universal Declaration of Human Rights, it appears in articles 9, 10 and 11 of the International Covenant on Economic, Social and Cultural Rights, article 5 (e) (iv) of the International Convention on the Elimination of Racial Discrimination, article 11 of the Convention on the Elimination of Discrimination against Women, article 26 of the Convention on the Rights of the Child, article 27 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. The Convention on the Rights of Persons with Disabilities mentions the right to social protection (art. 28).
- 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
- Older persons
- Persons on the move
- Persons with disabilities
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Social protection and old age poverty 2010, para. 42
- Paragraph text
- At regional level, there are several provisions recognizing the specific vulnerability of older persons that call on States to implement specific measures to protect the elderly. They also emphasize the right to social security.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Social & Cultural Rights
- Person(s) affected
- Older persons
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Social protection and old age poverty 2010, para. 43
- Paragraph text
- The African Charter on Human and Peoples' Rights stipulates that "the aged and the disabled shall also have the right to special measures of protection in keeping with their physical or moral needs" (art. 18). The Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa (Maputo Protocol) recognizes the particular vulnerability of older women and requests States to take a number of measures "commensurate with their physical, economic and social needs as well as their access to employment and professional training" and "ensure the right of elderly women to freedom from violence, including sexual abuse" (art. 22).
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Social & Cultural Rights
- Person(s) affected
- Older persons
- Persons with disabilities
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Social protection and old age poverty 2010, para. 44
- Paragraph text
- The Revised European Social Charter recognizes "the right of elderly persons to social protection" (art. 23). It calls on States to adopt or encourage appropriate measures to: (1) "enable elderly persons to remain full members of society for as long as possible"; (2) "enable elderly persons to choose their lifestyle freely and to lead independent lives in their familiar surroundings for as long as they wish and are able"; and (3) "guarantee elderly persons living in institutions appropriate support, while respecting their privacy, and participation in decisions concerning living conditions in the institutions".
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Older persons
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Social protection and old age poverty 2010, para. 46
- Paragraph text
- Several International Labour Organization conventions and declarations also recognize the right to social security, including the Declaration concerning the aims and purposes of the International Labour Organization, to pursue "the extension of social security measures to provide a basic income to all in need of such protection and comprehensive medical care". The main standards are established by Convention No. 102 concerning Minimum Standards of Social Security and Convention No. 128 concerning Invalidity, Old-Age and Survivors' Benefits. Convention No. 102 establishes worldwide-agreed minimum standards for all nine branches of social security: medical care, sickness benefit, unemployment benefit, old-age benefit, employment injury benefit, family benefit, maternity benefit, invalidity benefit and survivors' benefit.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Social & Cultural Rights
- Person(s) affected
- Older persons
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Social protection and old age poverty 2010, para. 53
- Paragraph text
- As a necessary part of a rights-based approach to social pensions, the right to social security must be included in national legal frameworks. The most solid experiences of non-contributory pensions are those grounded in legal instruments that ensure the permanence of these initiatives and give rights-holders the possibility to claim for the protection of their right. Spain, for example, reported that the same legal instrument regulates contributory and non-contributory systems. Brazil has the right to non-contributory pensions enshrined in the Constitution and a law also indicates that the value of pensions must be defined in accordance to a national index for payments.
- 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
- Older persons
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Social protection and old age poverty 2010, para. 59
- Paragraph text
- There are essentially two types of non-contributory pensions: (a) universal schemes that ensure that every individual above a given age is entitled to receive pensions; and (b) targeted schemes that are intended to select beneficiaries on the basis of their income or poverty level and their age. To this end, several instruments could be used, such as means testing, proxy means testing, community targeting and/or geographical targeting. There are many experiences of both types of pensions around the world, but evidence described below reveals significant advantages of universal schemes in reducing poverty.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Person(s) affected
- Older persons
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Social protection and old age poverty 2010, para. 60
- Paragraph text
- Universal pensions require the simplest structure with the lowest administrative costs and therefore are more likely to be successful in achieving their aims. Many developing countries provide universal pensions, such as Bolivia (Plurinational State of), Botswana, Brunei Darussalam, Namibia, Nepal and Samoa. Universal pensions avoid creating disincentives for low-income workers to save for their old age and disincentives for older persons to continue working beyond retirement age. They can also reduce opportunities for corruption, as they are available to all who meet the age requirement and there is no stigma attached.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Older persons
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Social protection and old age poverty 2010, para. 64
- Paragraph text
- If there are strong objections to including wealthy older people in social pensions, there are ways to reduce the benefits to the wealthier beneficiaries. One way is pension-testing that excludes those with other pensions and, if well-designed, should taper the size of the non-contributory pension benefit in line with the income received from contributory pensions. This reduces the disincentive for people to save for retirement. In developing countries where there are inefficient progressive income tax structures, older people on higher incomes can often be dissuaded from collecting the universal pension where the benefit is a relatively small amount. Whatever method is used to identify eligible beneficiaries, it is crucial to have an age eligibility criteria adapted to the specific characteristics of the country.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- Older persons
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Social protection and old age poverty 2010, para. 66
- Paragraph text
- Implementing an income- or poverty-targeted system introduces exclusion errors because the selection of beneficiaries is a complex and often controversial process. While the State has some mechanisms to minimize this (e.g. cross-checking targeting and re-targeting exercises), which can significantly increase administrative costs, the exclusion of rightful beneficiaries constitutes a violation of their right to social security. Moreover, those excluded are often the most vulnerable, as they will find it most difficult to claim for their inclusion. Targeting can also create perverse results such as encouraging older people to stop working, in order to keep the benefits.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Poverty
- Person(s) affected
- Older persons
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Social protection and old age poverty 2010, para. 68
- Paragraph text
- Qualifying conditions for benefits of targeted schemes must be gender-sensitive, reasonable, objective and transparent. Particular care should be taken to ensure that it is the wealth of the older person him/herself that is assessed and not that of their household. Using household targeting methods for an individual benefit can place older persons in a disadvantageous position because of a lack of studies about household distribution of wealth. While community targeting is a method that can be implemented at reduced costs in many countries, it should also be examined carefully. Indeed, by leaving the decision of who gets the benefit to the discretion of community leaders, community targeting can reinforce power structures and patron-client relations. This can result in creating tensions between beneficiaries and others, further stigmatizing some groups.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Older persons
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Social protection and old age poverty 2010, para. 72
- Paragraph text
- The principle of equality and non-discrimination also requires States to ensure that social pensions are physically and culturally accessible to all older people.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Older persons
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Social protection and old age poverty 2010, para. 73
- Paragraph text
- States must remove administrative barriers that prevent older people from accessing social pensions, such as requiring identification documents for registration when such documents are costly or may not exist in countries where many people are not registered at birth. Administrative requirements often affect women disproportionately as they are less likely to have identity cards and have been registered at birth. There are alternative ways to assess and record ages based on local knowledge and personal references. Furthermore, the establishment of social pensions can be used as an opportunity to improve data collection and registration.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- Older persons
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Social protection and old age poverty 2010, para. 74
- Paragraph text
- Ensuring that benefits are distributed within safe physical reach and at a reasonably convenient geographic location is part of ensuring accessibility. Limited physical strength and mobility can be a major obstacle for older persons, thus particular attention should be paid to older persons' opportunities cost in terms of transport, loss of labour or caretaker time. While electronic methods of payment (e.g. debit cards, smart cards and mobile phones) can improve cost efficiency and provide flexibility of access, issues relating to older persons' lack of familiarity with these mechanisms must be taken into account.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Movement
- Person(s) affected
- Older persons
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Social protection and old age poverty 2010, para. 80
- Paragraph text
- A social pension scheme without accountability and redress mechanisms is more likely to be viewed as an instrument of charity that can be manipulated by political actors than part of someone's entitlement.
- 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
- Older persons
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Social protection and old age poverty 2010, para. 81
- Paragraph text
- Ensuring that everyone has a channel to complain can be a critical element to ensuring that power imbalances - often prevalent at local levels - are not perpetuated. For complaints mechanisms to play a meaningful role, they need to meet certain technical standards, such as: guaranteeing anonymity; allowing for individual and collective complaints; as well as being sufficiently resourced and culturally appropriate. Additionally, there must be independent and effective judicial and quasi-judicial (e.g. ombudsperson) mechanisms in place to monitor the general formulation and implementation of social policies.
- 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
- All
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Social protection and old age poverty 2010, para. 83
- Paragraph text
- Wide and informed public participation in the development and implementation of social policies is an essential feature of policies grounded in human rights standards. Participation of the intended beneficiaries is not simply desirable in terms of ownership and sustainability, but is also part of their right to take part in public life which is a core component of human rights instruments. Owing to the asymmetry of power between the beneficiaries and the authorities that administer the programme, beneficiaries are often unable to realize their rights. Promoting meaningful public participation must thus be an essential feature of the design, implementation and evaluation of social pensions. Special attention must also be devoted to ensuring the effective participation of older women and other groups that may be marginalized.
- 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
- Older persons
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Social protection and old age poverty 2010, para. 84
- Paragraph text
- Evidence shows that participatory strategies are often not meaningful as they are often reduced to mere consultation that does not allow for real input from participants into decision-making. Frequently, participation processes are incorporated to social programmes without serious thought being given to the factors that limit older persons' possibilities to take part in public life and influence decisions affecting them, such as physical impairments and sensory losses, local power structures and family relations. Relying on family members or community leaders as the only communication channel with older persons limits their ability to voice personal views and can reinforce their dependency on others.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Social & Cultural Rights
- Person(s) affected
- Families
- Older persons
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Social protection and old age poverty 2010, para. 85
- Paragraph text
- In many societies, younger generations are prioritized and social protection schemes might also reflect this focus unless specific attention is given to older persons' concerns when defining collective priorities.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Older persons
- Youth
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Social protection and old age poverty 2010, para. 87
- Paragraph text
- The financial affordability and sustainability of expanding social pension programmes have immediate implications on the determination of benefit levels. While States should bear in mind the need to expand the coverage of existing schemes, ensuring that the levels of pensions remain adequate for beneficiaries is also a major concern. In this context, the benefits must be high enough to enable older people to enjoy an adequate standard of living and afford the goods and services they require to realize at least the minimum core content of their economic, social and cultural rights. While the cost of schemes can be reduced by increasing the age of eligibility or decreasing the size of the benefit, a balance should be struck between reaching all those in need and providing a benefit that would allow older people a minimum subsistence level.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Older persons
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Social protection and old age poverty 2010, para. 93
- Paragraph text
- The living conditions of persons living in extreme poverty clearly impact on their health status throughout their life. Higher incidence of ill-health and premature mortality correlates with socioeconomic factors in all regions of the world. Ageing increases a person's susceptibility to illness and disability, and this phenomenon is further aggravated by poverty as they are less likely to be able to afford health care and more likely to maintain poor nutritional diets. They are also more likely to have engaged in physically demanding work for a living. Therefore, policies must take into account that older persons living in poverty may have a greater need for health care.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Poverty
- Person(s) affected
- Older persons
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Social protection and old age poverty 2010, para. 94
- Paragraph text
- In such circumstances, receiving a social pension can increase access to health care, especially in the long run as it represents a stable and predictable source of income. However, social pensions can only positively affect older persons' enjoyment of the right to health if adequate health-care services are in place. Research shows, however, that public health policies often prioritize younger women and children and lack consideration of the specific needs of older people. Thus, health services are not geared towards fulfilling these needs and there can be significant gaps in the provision of services. This is particularly true about long-term care, for which resources and capacities are limited everywhere.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Children
- Older persons
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Social protection and old age poverty 2010, para. 96
- Paragraph text
- In some countries, structural discrimination against women and increased competition for family resources from younger members often means older women lose control of assets once owned by their husbands and are left without a source of income. In extreme cases, they are subjected to accusations of witchcraft. The context in which accusations of witchcraft are made is complex, resulting from deep-seated cultural beliefs, and the need to apportion blame and seek redress for a negative event, such as a death in the family or crop failure and poverty. Nevertheless, the low status of women and their inability to defend themselves makes them the primary targets of such violence.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Poverty
- Violence
- Person(s) affected
- Families
- Older persons
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Social protection and old age poverty 2010, para. 99
- Paragraph text
- States have made a number of public political commitments underlining the shared international responsibility for poverty reduction and the need for a partnership among developed and developing countries against extreme poverty. The commitment to support through international cooperation is also present in human rights treaties such as the Covenant on Economic, Social and Cultural Rights (arts. 2.1 and 11) and the Convention on the Rights of the Child (art. 4). The Committee on Economic, Social and Cultural Rights further emphasizes "that it is particularly incumbent on States parties and other actors in a position to assist, to provide 'international assistance and cooperation, especially economic and technical' which enable developing countries to fulfil their core obligations". This is based on the underlying premise that some countries will not be able to achieve the full realization of economic, social and cultural rights if those countries in a position to assist do not actually provide them with assistance.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Poverty
- Person(s) affected
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Social protection and old age poverty 2010, para. 100
- Paragraph text
- Despite these obligations and commitments, most Governments are consistently failing to honour their longstanding commitments to reach a target of 0.7 per cent of gross national product for official development assistance. Moreover, States have only recently started considering international assistance in relation to social security. Donor countries need to change this approach. Their responsibilities under international human rights law also require them to support and strengthen social security systems, including social pensions worldwide. This will substantially help reduce poverty and ensure compliance with human rights norms over the long term.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Poverty
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Social protection and old age poverty 2010, para. 102
- Paragraph text
- The effective management of social pensions requires a long-term view for the sustainability of these initiatives. Donor States must ensure a long-term perspective and predictability in providing assistance. Coordination within the international donor community is also crucial. When providing assistance for different social protection schemes, donors must ensure that their initiatives are well coordinated. A short-sighted, fragmented approach with little coordination can contribute to a proliferation of projects, which in time could hinder the establishment of a social security system sustainable in the long term with broad coverage.
- 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
- Older persons
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Social protection and old age poverty 2010, para. 106
- Paragraph text
- Non-contributory pensions are the only means by which universal pension coverage can be achieved and gender imbalances redressed. However, social pensions must not be regarded as the sole response to old-age poverty. To be effective in the promotion of an adequate standard of living, social pensions can only be one component of a comprehensive social protection strategy that addresses the impact of extreme poverty throughout one person's life cycle and includes measures to ensure older persons access to adequate social services, in particular access to health care.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Poverty
- Social & Cultural Rights
- Person(s) affected
- Older persons
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Penalization of people living in poverty 2011, para. 5
- Paragraph text
- States have long recognized that poverty is a complex human condition characterized by sustained or chronic deprivation of the resources, capabilities, choices, security and power necessary for the enjoyment of an adequate standard of living and other economic, civil, cultural, political and social rights. Poverty is not an autonomous choice, but rather a multifaceted situation from which it may be difficult, if not impossible, to escape without assistance. Persons living in poverty are not to blame for their situation; accordingly, States must not punish or penalize them for it. Rather, States must adopt wide-reaching measures and policies designed to eliminate the conditions that cause, exacerbate or perpetuate poverty, and ensure the realization of all economic, social, cultural, civil and political rights of those living in poverty.
- 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
- Date added
- Aug 19, 2019
Paragraph
Penalization of people living in poverty 2011, para. 6
- Paragraph text
- Penalization policies reflect a serious misunderstanding of the realities of the lives of the poorest and most vulnerable and ignorance of the pervasive discrimination and mutually reinforcing disadvantages that they suffer.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Penalization of people living in poverty 2011, para. 7
- Paragraph text
- Penalization measures respond to discriminatory stereotypes that assume that persons living in poverty are lazy, irresponsible, indifferent to their children's health and education, dishonest, undeserving and even criminal. Persons living in poverty are often portrayed as authors of their own misfortune, who can remedy their situation by simply "trying harder". These prejudices and stereotypes are often reinforced by biased and sensationalist media reports that particularly target those living in poverty who are victims of multiple forms of discrimination, such as single mothers, ethnic minorities, indigenous people and migrants. Such attitudes are so deeply entrenched that they inform public policies and prevent policymakers from addressing the systemic factors that prevent persons living in poverty from overcoming their situation.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Social & Cultural Rights
- Person(s) affected
- Children
- Ethnic minorities
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Penalization of people living in poverty 2011, para. 10
- Paragraph text
- In every country, developed or developing, historical social divisions and power structures ensure that the poorest and most excluded are at a constant disadvantage in their relations with State authorities. Asymmetries of power mean that persons living in poverty are unable to claim rights or protest their violation. They may face obstacles in communicating with authorities owing to illiteracy, lack of information or language barriers, a situation which is particularly acute for migrants, indigenous peoples, ethnic minorities and persons with disabilities. As a result, they are less likely to know and understand their rights and entitlements or to report infringements and abuses.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Penalization of people living in poverty 2011, para. 12
- Paragraph text
- A significant obstacle in breaking this cycle of penalization and poverty is the inability of persons living in poverty to access legal assistance, as they are unable to afford private legal representation and legal aid is often unavailable or inadequate. Without access to competent, comprehensive legal assistance, the poorest and most excluded are further disadvantaged in their dealings with authorities, not only when they are facing criminal charges, but also with respect to administrative procedures such as child protection cases, benefit fraud matters or eviction and immigration proceedings.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Poverty
- Person(s) affected
- Children
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Penalization of people living in poverty 2011, para. 14
- Paragraph text
- Non-discrimination and equality are core elements of the international human rights normative framework. These principles require that those in equal circumstances be treated equally in law and practice. Under human rights law, not every distinction or difference in treatment will amount to discrimination. A distinction is compatible with the principle of equality when it has an objective and reasonable justification; it must pursue a legitimate aim, and there must be a reasonable relationship of proportionality between the means employed and the aim sought. Thus, differential treatment (distinction, exclusion, restriction or preference) of persons living in poverty must comply with the criteria mentioned above in order to be justified under human rights law.
- 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
- N.A.
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Penalization of people living in poverty 2011, para. 15
- Paragraph text
- Moreover, certain forms of preferential treatment, in the form of affirmative actions for the benefit of vulnerable and disadvantaged groups, are not considered discriminatory because they are designed "to diminish or eliminate conditions and attitudes which cause or perpetuate substantive or de facto discrimination", encouraging an equal enjoyment of rights. Therefore, affirmative actions in favour of persons living in poverty directed towards addressing social and economic imbalances are not only permitted, but are compulsory for States under human rights law. There is discrimination only if a difference in treatment has no legitimate aim or if there is not a reasonable relationship of proportionality between the means employed and the aim to be realized.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Person(s) affected
- All
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Penalization of people living in poverty 2011, para. 16
- Paragraph text
- A discriminatory intent is not a necessary element of discrimination. Therefore, any measure with the purpose or effect of nullifying or impairing the equal enjoyment of human rights constitutes a violation of States' human rights obligations.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Penalization of people living in poverty 2011, para. 19
- Paragraph text
- Human rights law permits States to limit some rights, on the basis that such limitations are justified in the interests of public security, safety or order; public health; or the protection of the rights and freedoms of others. In order for a limitation to be legitimate under human rights law, it must comply with numerous safeguards: it must be "determined by law", "compatible with the nature of these rights", "solely for the purposes of promoting general welfare" and "necessary in a democratic society". Permissible limitations must also comply with general principles of human rights law, and must thus be non-discriminatory, reasonable and proportionate. Compliance with these principles requires, for example, that any restrictive measures must be appropriate means of achieving the aims pursued, and that limitations must not be more severe than is necessary for the attainment of the aim sought.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Penalization of people living in poverty 2011, para. 21
- Paragraph text
- States often draw on the enumerated permissible limitations to justify the adoption of penalization measures. However, in practice, penalization measures are motivated by a combination of factors. Some measures aim to remove any image of poverty, such as the removal of homeless persons and beggars from urban centres, in order to beautify the city and attract investment and development. Other measures are justified as necessary to reach the "deserving poor", or to satisfy critics of "lenient" social policies and therefore gain political support for an initiative. From a human rights perspective, these justifications require cautious analysis to assess whether or not the penalization measure pursues a legitimate aim under human rights law and is proportionate to that aim. States must not impose more restrictive measures than are required for the achievement of the purpose of the limitation.
- 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
- All
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Penalization of people living in poverty 2011, para. 25
- Paragraph text
- A human rights approach to poverty eradication dictates an active, free, informed and meaningful participation of persons living in poverty at all stages of the design, implementation and monitoring of policies affecting them. Genuine participation should not only be understood as an affirmation of the right of every individual and group to take part in the conduct of public affairs, but also as an instrumental part of the solution to poverty and social exclusion. The empowerment of persons living in poverty through participation is also a means to promote social inclusion and to ensure that public policies are designed to meet the particular needs of the poorest segments of society.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Person(s) affected
- All
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Penalization of people living in poverty 2011, para. 26
- Paragraph text
- There is a clear trend, across developed and developing countries, towards the privatization and outsourcing of some activities traditionally undertaken by the State. While privatization has the potential to decrease costs, increase efficiency, and therefore improve the provision of services, it may also create significant obstacles to access to public services by the poorest and most vulnerable. When States hand over the administration of welfare systems, health systems, housing facilities and detention centres to private entities which are seeking an economic profit and may not be appropriately supervised and controlled by the State, they put at risk the ability of individuals to access necessary services, and create incentives that might have detrimental effects for persons living in poverty. Without mechanisms to ensure accountability and transparency, private entities may prioritize profit over people and are not responsible for their failures.
- 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
- 2011
- Date added
- Aug 19, 2019
Paragraph
Penalization of people living in poverty 2011, para. 29
- Paragraph text
- Increasingly, States are implementing laws, regulations and practices limiting the behaviour, actions and movements of people in public space, which greatly impede the lives and livelihoods of those living in poverty. These measures vary considerably across and within States, with the common denominator being the penalization of actions and behaviours which are considered "undesirable" or a "nuisance" in public spaces. States justify these measures by classifying the prohibited behaviours as dangerous, conflicting with the demands of public safety or order, disturbing the normal activities for which public spaces are intended, or contrary to the images and preconceptions that authorities want to associate with such places.
- 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
- Date added
- Aug 19, 2019
Paragraph
Penalization of people living in poverty 2011, para. 30
- Paragraph text
- Criminal or regulatory measures (e.g. ordinances) that make vagrancy and begging unlawful are becoming increasingly common across developed and developing countries. These laws take a number of forms, from legislation that prohibits the solicitation of money in any public space to that which prohibits begging at night or in an "aggressive manner". Some of these laws have a broad application, extending to the performance of any activity which might elicit money, such as performing or dancing, or exposing a wound or a deformity. In some States, it is even illegal for a person just to be in a public place and have no visible means of subsistence, such that it is likely that they stay alive by begging.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Penalization of people living in poverty 2011, para. 33
- Paragraph text
- With increasing frequency, States are also penalizing the performance of certain behaviours and actions which are associated with living on the street such as sleeping, sitting, lying, littering, lodging, camping or storing belongings in public spaces; public drunkenness; public urination; or jaywalking. Often these regulations are vaguely worded, allowing law enforcement agencies extensive discretion and enforcement authority, which threatens to violate legal and constitutional safeguards. By making these activities or behaviours illegal, States increase the exposure of persons living in poverty to abuse, harassment, violence, corruption and extortion by both private individuals and law enforcement officials.
- 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
- 2011
- Date added
- Aug 19, 2019
Paragraph
Penalization of people living in poverty 2011, para. 34
- Paragraph text
- While these regulations are not explicitly addressed towards persons living in poverty, they affect them disproportionately. Owing to their lack of or limited access to housing, persons living in poverty rely more heavily on public spaces for their daily activities. Thus, individuals who have no choice but to live on the street find that daily life-sustaining activities can put them in danger of criminal sanctions. Although these types of measures are ostensibly neutral, studies show that authorities target those living in poverty, particularly homeless persons. This disproportionate application clearly violates the obligation to ensure equality and non-discrimination in the implementation of all laws and policies.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Person(s) affected
- All
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Penalization of people living in poverty 2011, para. 36
- Paragraph text
- These laws are being implemented in a context in which the economic and financial crises have resulted in an unprecedented increase in foreclosures and evictions, forcing a growing number of families to live on the streets. Instead of using public funds to assist these families, States are instead carrying out costly operations to penalize them for their behaviour. Where there is insufficient public infrastructure and services to provide families with alternative places to perform such behaviours, persons living in poverty and homelessness are left with no viable place to sleep, sit, eat or drink. These measures can thus have serious adverse physical and psychological effects on persons living in poverty, undermining their right to an adequate standard of physical and mental health and even amounting to cruel, inhuman or degrading treatment.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Person(s) affected
- Families
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Penalization of people living in poverty 2011, para. 37
- Paragraph text
- In several countries, the negative impact of these regulations is further exacerbated by laws which make illegal actions to assist those living in the street. In several States, specific legislation limits the actions of civil society organizations or bans the provision of assistance in certain circumstances. For example, in some municipalities, it is illegal to share food with groups of people in downtown parks without a permit, creating a barrier for charities and other organizations that provide food to homeless persons. The criminalization of advocates, activists and civil society organizations violates several human rights such as the freedom of association, expression and assembly, and undermines social cohesion.
- 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
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Penalization of people living in poverty 2011, para. 38
- Paragraph text
- Persons living in poverty are also disproportionately subjected to police powers to impose anti-social behaviour and move-on orders, and public safety laws allowing police to "stop and search" individuals. These measures are often wide-reaching and subject to considerable discretion on the part of police officers, who make subjective judgements that do not need to meet a high burden of proof. Overwhelmingly, these regulations are targeted at the marginalized and most vulnerable and the areas and communities in which they live. Of persons living in poverty, those subject to multiple forms of discrimination are even more frequently targeted. These measures respond to and reinforce discriminatory attitudes about the likelihood of persons living in poverty partaking in criminal activity, and perpetuate the stigmatization of poverty. For example, in one country, rules for the use of the capital city metro allow police to remove people who are disturbing other passengers by, inter alia, wearing "filthy clothing".
- 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
- Date added
- Aug 19, 2019
Paragraph
Penalization of people living in poverty 2011, para. 39
- Paragraph text
- Of particular concern are penalization measures that target those who seek to gain a living through street vending. In many States, street vending is severely restricted or illegal, as is buying from a street vendor. Research shows that street vendors turn to vending because they have no other form of income, have low levels of education and lack employment opportunities. Street vending is a means for the poorest and most vulnerable to earn money to support their families and their livelihoods. When States impose bans, onerous licences or strict restrictions on street vendors, they severely undermine the rights of persons living in poverty to gain a living.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Poverty
- Person(s) affected
- Families
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Penalization of people living in poverty 2011, para. 41
- Paragraph text
- When street vendors are harassed or bribed or their wares are destroyed, deep structural inequalities and power imbalances, communication and information barriers and a lack of access to legal representation make it nearly impossible for them to complain to police. In countries where street vending is illegal, individuals are too afraid to report mistreatment or harm to police for fear of being criminalized themselves. This is particularly acute with respect to street vendors who are members of vulnerable groups which face widespread discrimination and have historically had negative relationships with police and authorities, such as women, migrants and ethnic minorities.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Women
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Penalization of people living in poverty 2011, para. 42
- Paragraph text
- Children who live or work on the street are particularly vulnerable to penalization measures. Street children lead lives defined by abuse, violence and fear, but because they are stigmatized as criminal or illegitimate they have little recourse to help or redress. Children on the street are exploited, trafficked, forced to perform hazardous work and recruited by armed forces and armed groups, and do not seek the assistance of authorities for fear of further penalization or abuse. In many cases children living in poverty are not registered at birth and as such cannot access basic services including primary education. With nowhere else to turn, they must undertake activities such as street vending, begging or panhandling in order to survive. When these actions are made illegal, they are further forced into dangerous and abusive situations.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Poverty
- Violence
- Person(s) affected
- Children
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Penalization of people living in poverty 2011, para. 43
- Paragraph text
- Absurdly, regulations that penalize behaviours associated with poverty and homelessness often impose fines that persons living in poverty are unable to pay. The illogical outcome of failure to pay a fine is often the imposition of a further fine, or even a prison sentence. In one country, for example, thousands were imprisoned in a single year because of non-payment of court-ordered fines. The imposition of prison sentences for non-payment of fines on those unable to pay not only represents a considerable waste of State financial and administrative resources, but contributes significantly to perpetuating the social exclusion and economic hardship 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
- 2011
- Date added
- Aug 19, 2019
Paragraph
Penalization of people living in poverty 2011, para. 45
- Paragraph text
- As a means of making cities more "secure" and attractive to investors, developers and more affluent segments of societies, States are increasingly using zoning laws to preference land use which excludes the poorest and most vulnerable, such as gated communities, luxury or high-cost housing, and large sports infrastructure. Authorities are carrying out demolitions of entire neighbourhoods and removing residents for the purpose of "rehabilitating", "renewing" and "preserving" the "historical and cultural heritage" of the city, or to make room for development and infrastructure projects. As a result, these areas become too costly for persons living in poverty to return to, and they are relegated to housing in cheaper, less accessible, badly serviced and geographically remote neighbourhoods. In many cases, persons living in poverty are forcibly evicted without notice, are subject to violence and have their belongings damaged or destroyed. Persons living in poverty are rarely able to access redress and remedies after having been evicted, and are deprived of compensation, restitution and resettlement.
- 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
- Date added
- Aug 19, 2019
Paragraph
Penalization of people living in poverty 2011, para. 48
- Paragraph text
- The segregation of the poor from public spaces is further exacerbated by large-scale State and privatized infrastructure projects, particularly those connected with mega-events such as the Olympic Games or football World Cups. During such events, authorities often remove persons living in poverty from urban areas and relocate them in outlying suburbs, often by force, without ensuring alternative housing or access to remedies and compensation, in flagrant violation of their right to adequate housing. For example, in Seoul, preparations for the 2002 football World Cup included the banning of homeless persons from specified places in the city, and during the Olympic Games in 1988 homeless persons were detained in facilities outside the city. Action was also taken to remove or criminalize homeless persons during the Barcelona and Atlanta Olympic Games. The practical effect of such initiatives is to completely displace the poorest and most marginalized and to replace them with infrastructure for which they have no need and which they cannot access, such as hotels, sporting venues and office buildings.
- 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
- 2011
- Date added
- Aug 19, 2019
Paragraph
Penalization of people living in poverty 2011, para. 49
- Paragraph text
- It is becoming increasingly common for States to impose strict requirements and conditions on access to public services and social benefits. To justify these measures, States point to the need to make efficient use of public resources, improve the accuracy of targeting, avoid dependency, eliminate disincentives to work and deter abuse of the system. While these may be valid concerns, the impact of these measures is often completely disproportionate to the aim they seek to achieve. By imposing excessive requirements and conditions on access to services and benefits, and severe sanctions for non-compliance, States punish, humiliate and undermine the autonomy of persons living in poverty, exacerbating the challenges they face in overcoming their situation. Moreover, beneficiaries are kept in a state of uncertainty about their future and are unable to plan for the long term.
- 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
- Date added
- Aug 19, 2019
Paragraph
Penalization of people living in poverty 2011, para. 51
- Paragraph text
- These measures not only undermine beneficiaries' autonomy and prevent them from making their own choices, they also threaten their enjoyment of a number of human rights, including the right to participate in the decisions that directly affect them and to be free from arbitrary or unlawful State interference in their privacy, family, home or correspondence. Considering that non-compliance with excessive conditions and requirements results in exclusion from social benefits, those entitled to benefits live in constant anxiety and fear that their benefits will be withdrawn and, with them, their primary means of survival. The cumulative impact of living in such circumstances threatens the beneficiaries' right to enjoy the highest attainable standard of physical and mental health.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Penalization of people living in poverty 2011, para. 52
- Paragraph text
- In many countries, those entitled to social benefits are required to prove their entitlement by providing excessive amounts of documentation and disclosing irrelevant personal information. This is often a stressful and demeaning process for beneficiaries. Persons living in poverty face several obstacles and costs in gaining access to official documents. Documents may be expensive, and accessing them difficult for individuals who do not have a fixed address or lack proof of identity. This is particularly common in developing countries, where some of the most vulnerable and excluded people, particularly women and ethnic minorities, are not registered at birth. Obtaining documents also requires additional interactions with public officials who often lack sufficient understanding of the specific needs and circumstances of persons living in poverty. Anecdotal evidence shows that social benefit administrators are often inconsiderate or unsympathetic towards beneficiaries, who in addition to bureaucratic hurdles must overcome gaps in education, literacy and communication when seeking to comply with often complex and opaque requirements.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Person(s) affected
- Ethnic minorities
- Women
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Penalization of people living in poverty 2011, para. 53
- Paragraph text
- Onerous conditions are often attached to the receipt of social benefits in order to gain political support and assure the public that only the "deserving" poor are receiving support. For example, some conditional cash transfer programmes in low- and middle-income countries pay cash to heads of households (generally women) in exchange for their commitment to do something in return, such as enrolling children in school and ensuring their attendance, or participating in health programmes. Although these conditions do encourage investment in human capital, they also impose additional burdens on women, whose needs are often ignored in designing the programme. The lack of a serious gender approach may perpetuate gender stereotypes about traditional household roles and responsibilities, and trigger domestic violence.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Gender
- Person(s) affected
- Children
- Women
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Penalization of people living in poverty 2011, para. 56
- Paragraph text
- Another condition that is increasingly being adopted by States is the requirement that those who receive unemployment, single parent or disability benefits participate in employment or training programmes. While transferring skills and knowledge required for reintegration into the workforce may be an important objective, often these programmes are implemented in the absence of enabling conditions, such as the provision of childcare facilities, or without consideration of structural barriers such as the realities of the current labour market, characterized by high unemployment and rapidly modernizing industries. Programmes place a heavy emphasis on "graduation" from benefits to employment, without giving due consideration to the actual needs of the beneficiaries and often without providing them with the assistance they need to obtain sustainable, productive and decent work.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Children
- Families
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Penalization of people living in poverty 2011, para. 57
- Paragraph text
- To ensure that beneficiaries comply with conditions and requirements, States often subject them to intensive examinations and intrusive investigations. Social benefit administrators are empowered to interrogate beneficiaries about a wide range of personal issues and to search their homes for evidence of fraudulent activity. Beneficiaries are required to report regularly and disclose excessive amounts of information whenever it is demanded of them. In some countries, they must even submit to mandatory screening for drug use. They must also give their consent to authorities to scrutinize every aspect of their lives and to question their friends, colleagues and acquaintances. Beneficiaries are encouraged to watch each other and report abuses to programme administrators through anonymous channels. These intrusive measures undermine beneficiaries' personal independence, seriously interfere in their right to privacy and family life, make them vulnerable to abuse and harassment, and weaken community solidarity.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Violence
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Penalization of people living in poverty 2011, para. 59
- Paragraph text
- Surveillance policies often treat beneficiaries like criminals and make them feel guilty, anxious and ashamed. While some mechanisms of control are necessary, they must comply with the requirements of reasonableness and proportionality. For example, evidence shows that the range of control and surveillance mechanisms employed by States in administering social benefits is clearly disproportionate to the prevalence of social benefit fraud. The overpayment of social benefits is often caused by administrative errors on the part of the State, rather than fraud by the beneficiary. Where beneficiaries are responsible for overpayment, it is far more likely to be due to error than to fraud, and when fraud does occur, is it usually opportunistic, low-level fraud with respect to small, subsistence amounts of money. However, policymakers represent social benefit fraud to be a pervasive problem, channelling considerable resources to combat it. Political rhetoric disproportionately focuses on social benefit fraud over taxation fraud, the cost of which is a far greater burden on the State, and use instances of benefit fraud to influence the public discourse on poverty.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Poverty
- Person(s) affected
- All
- N.A.
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Penalization of people living in poverty 2011, para. 60
- Paragraph text
- Social benefit fraud and non-compliance are strongly condemned by the public and rigorously pursued by authorities. Where fraud is established, it can result in the reduction of the individual's benefit to cover repayment of the defrauded amount, and the commencement of criminal proceedings against the individual. When a beneficiary is convicted of fraud he or she may face a lifetime ban from the social benefit system. If beneficiaries have outstanding warrants they may have their social benefit cut off until the warrant is resolved or they are granted an exemption. These measures are extremely harsh and will have grave consequences for people already struggling with poverty and exclusion, perpetrating the disadvantage which induces them to rely on social benefits to begin with.
- 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
- Date added
- Aug 19, 2019
Paragraph
Penalization of people living in poverty 2011, para. 62
- Paragraph text
- Women are also exposed to State interference in their private and family lives in other respects. In particular, States' ever-increasing preference for child protection interventions overwhelmingly affects poor women specifically, and persons living in poverty more generally. Research shows a clear and consistent link between child protection intervention and the disadvantage and marginalization of the families involved. Poverty must not be mistaken for child neglect. Often States disproportionately target children in poor families for child protection proceedings instead of channelling their efforts towards addressing the root causes of child poverty.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Poverty
- Person(s) affected
- Children
- Families
- Women
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Penalization of people living in poverty 2011, para. 63
- Paragraph text
- Persons living in poverty will often struggle to navigate the child protection process, which in many countries is an extremely intrusive, adversarial process. Child protection interventions often fail to provide families with sufficient information about the process, and in many countries there is no mandated free legal aid in child protection proceedings. As a result, there is a serious power imbalance between the State and families living in poverty, and a real risk that the judicial process may lead to unnecessary termination or limitation of parental rights or to other results detrimental to the child's best interests.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Poverty
- Person(s) affected
- Children
- Families
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Penalization of people living in poverty 2011, para. 66
- Paragraph text
- Across developing and developed countries, release on bail pending trial is subject to increasingly stringent and onerous conditions which require individuals to, for example, demonstrate their connections with the community, have a fixed address or permanent employment, report regularly to police or make a cash deposit or post a bond as guarantee. These requirements are impossible for the poorest and most marginalized to meet in the vast majority of cases and, as a result, they are more likely to remain in detention pending a trial. This dramatically increases the likelihood that they will ultimately be convicted: not only does it put them in a vulnerable position whereby they will be more inclined to accept unfair "plea deals" or to make admissions of guilt in order to secure a swifter release, it contributes to the deterioration of the detainees' appearance and demeanour, impedes their ability to liaise with lawyers or obtain character witnesses and causes them to lose their employment or social housing, thereby creating a disincentive for the court to give a suspended or community service sentence.
- 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
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Penalization of people living in poverty 2011, para. 68
- Paragraph text
- The economic and social costs of detention and incarceration can be devastating for persons living in poverty. Detention not only means a temporary loss of income, but also often leads to the loss of employment, particularly where individuals are employed in the informal sector. The imposition of a criminal record creates an additional obstacle to finding employment. Detention and incarceration, even for minor non-violent offences, will often result in the temporary or permanent withdrawal of social benefits or the denial of access to social housing, for both the detainee and his or her family.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Poverty
- Person(s) affected
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Penalization of people living in poverty 2011, para. 73
- Paragraph text
- Often, States invoke grounds of public safety, health or security in an attempt to justify the restriction of human rights through penalization measures. However, human rights law establishes strict requirements for the imposition of limitations on individual rights. Any restriction on the enjoyment of human rights by those living in poverty must comply with several safeguards, including requirements that they be legally established, non discriminatory and proportionate, and have a legitimate aim. The burden falls upon States to prove that a limitation imposed upon the enjoyment of rights by those living in poverty is in conformity with international human rights law.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Poverty
- Person(s) affected
- All
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Penalization of people living in poverty 2011, para. 74
- Paragraph text
- Penalization measures are often motivated by prejudices and negative stereotypes that ignore the realities of disadvantage and exclusion and fail to recognize the daily struggle of persons living in poverty to overcome the multiple obstacles they face. Poverty is not a lifestyle choice. Homeless persons would prefer safe, affordable, adequate housing to public parks and bus stations. Those struggling to survive on social benefits would rather have secure, regular, well-paying, productive employment than be subject to discrimination and live in constant fear that their entitlements will be taken away. One does not choose to live in poverty, and therefore should not be punished for that situation.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Person(s) affected
- All
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Penalization of people living in poverty 2011, para. 77
- Paragraph text
- The human rights obligation to ensure the satisfaction of, at the very least, minimum essential levels of all economic, social and cultural rights implies a responsibility to secure an adequate standard of living through basic subsistence, including by providing essential primary health care, basic shelter and housing and basic forms of education. Instead of dedicating scarce resources to costly penalization measures, States must direct the maximum available resources towards ensuring that persons living in poverty are able to enjoy all economic, political, social, civil and cultural rights.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Penalization of people living in poverty 2011, para. 78
- Paragraph text
- Urban transformation, privatization, gentrification, beautification and redevelopment can seriously undermine several rights of those living in poverty and contribute to exclusion and stigmatization. As persons living in poverty are gradually pushed to the fringes of urban centres by these phenomena, their ability to access employment and public services and enjoy the right to participate in cultural life is threatened. The concept of adequacy in relation to the right to housing requires, among other elements, that factors such as the availability of services and infrastructure, affordability and accessibility be taken into account. It also requires States to refrain from forced evictions.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Penalization of people living in poverty 2011, para. 79
- Paragraph text
- Public services and social benefits play an integral role in the lives of persons living in poverty, offering important support and assistance, particularly during times of economic and social hardship. While often these benefits are not sufficient to cover the needs of the beneficiaries and their families, they do provide an important form of support to which they are entitled, and without which they would not survive. States must refrain from imposing requirements and conditionalities that stigmatize, stereotype and penalize beneficiaries. Such measures only undermine the essential support that social benefits provide and create further obstacles for persons living in poverty.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Penalization of people living in poverty 2011, para. 82a
- Paragraph text
- [In this context, the Special Rapporteur wishes to present the following recommendations:] States shall take all necessary measures to eliminate all direct and indirect discrimination against persons living in poverty. States must refrain from adopting any law, regulation or practice denying or limiting the access of persons living in poverty to the enjoyment of all their rights, including economic, social and cultural rights. States must review national legislation in order to assess the existence of any discriminatory impact on those living in poverty and shall repeal or amend legislation that has the purpose or effect of impairing the equal enjoyment of rights by those living in poverty;
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Person(s) affected
- All
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Penalization of people living in poverty 2011, para. 82c (ii)
- Paragraph text
- [In this context, the Special Rapporteur wishes to present the following recommendations:] States shall take special measures to protect those living in poverty from the violation of their rights by third parties. To this end, States shall: Encourage the media to avoid biased reports and sensationalist coverage that perpetuates discriminatory stereotypes against persons living in poverty. To this end, States should promote ethical journalism and encourage the adoption of codes of conduct to end the negative portrayal of persons living in poverty, homeless persons, unemployed persons and social benefit recipients;
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Person(s) affected
- N.A.
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Penalization of people living in poverty 2011, para. 82g
- Paragraph text
- [In this context, the Special Rapporteur wishes to present the following recommendations:] States shall recall their obligations to ensure that everyone has the right to adequate housing as a component of the right to an adequate standard of living. This right requires States to ensure the affordability of housing and its accessibility to social services and infrastructure. They must also refrain from carrying out forced evictions. Where evictions are unavoidable, States shall ensure that they are conducted in a manner which respects the dignity and rights to life and security of those affected;
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Penalization of people living in poverty 2011, para. 82h
- Paragraph text
- [In this context, the Special Rapporteur wishes to present the following recommendations:] The design and implementation of social benefit systems must comply with human rights norms, including the rights of persons living in poverty to privacy and family life and to take part in the decisions that affect them. Surveillance policies, conditionalities and other requirements must be reviewed to ensure that they do not violate human rights obligations by imposing a disproportionate burden on those living in poverty. When collecting and processing information pertaining to beneficiaries, States shall ensure that they observe internationally accepted standards of privacy and confidentiality, and shall not disseminate such information to other authorities or use it for other purposes without the consent of the beneficiary;
- 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
- Families
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Penalization of people living in poverty 2011, para. 82i (i)
- Paragraph text
- [In this context, the Special Rapporteur wishes to present the following recommendations:] States must only have recourse to detention and incarceration when it is necessary to meet a pressing societal need, and in a manner proportionate to that need. States must ensure that arrest or detention does not disproportionately affect those living in poverty. To this end, States shall: Review all detention and incarceration policies and legislation, in order to identify and remove discriminatory laws and practices which disproportionately disadvantage persons living in poverty. Measures should be put in place to enable police, courts and public officials to adequately assess the potential effects of detention or incarceration in the light of each individual's circumstances;
- 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
- Date added
- Aug 19, 2019
Paragraph
Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 13
- Paragraph text
- States must devote the maximum available resources to ensure the progressive realization of all economic, social and cultural rights as expeditiously and effectively as possible. In its general comment No. 3, the Committee on Economic, Social and Cultural Rights stated that this is so even during times of severe resources constraints, whether caused by a process of adjustment, economic recession, or by other factors. This obligation imposes limitations on a State's freedom to allocate available resources. The resources "available" are not only the resources within a State, but also those available from the international community through "international assistance and cooperation". States that do not possess the necessary resources are obliged to "actively seek assistance" to ensure, at the very least, minimum essential levels of enjoyment of human rights.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 17
- Paragraph text
- In the context of recovery from successive crises, this principle obliges States to ensure that any programmes or policies that are integral to delivering essential services (for example, primary education, basic health care and social assistance programmes) are protected, to the greatest extent possible, from reduced expenditure. The duty of the State to prioritize the rights of the poorest and most vulnerable people does not imply that the State may adopt a very narrow approach. States continue to have responsibilities to move as expeditiously and effectively as possible towards the widest possible enjoyment of rights by all, which means maintaining services beyond a basic level.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Humanitarian
- Poverty
- Person(s) affected
- All
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 18
- Paragraph text
- There is a strong presumption that deliberately retrogressive measures that affect the level of enjoyment of economic, social and cultural rights are in violation of human rights standards. Examples of retrogressive measures might include the adoption of policy or legislation with a direct or collateral negative effect on the enjoyment of rights by individuals, or unjustified reductions in expenditures devoted to implementing public services that are critical for the realization of economic, social and cultural rights, such as those which guarantee basic health care, ensure access to primary education, or make available assistance for food and shelter.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 23
- Paragraph text
- Given the clearly disproportionate and devastating effect of the global economic and financial crises on vulnerable and disadvantaged groups, including children, persons with disabilities, older persons, indigenous peoples, ethnic minorities and migrants, States must be particularly careful to ensure that recovery measures do not exclude them or exacerbate their situation. Considering that gender inequality is a cause of and a factor that perpetuates poverty, effective recovery policies must take into account State obligations regarding gender equality and the protection of women's full range of rights.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Humanitarian
- Poverty
- Person(s) affected
- Children
- Ethnic minorities
- Persons on the move
- Persons with disabilities
- Women
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 25
- Paragraph text
- At the core of the human rights framework is an overarching requirement that all States take into consideration the principles of participation, transparency and accountability in the design, implementation and evaluation of State policies. Human rights are important not only in the outcome of State policies but also in the process by which they are formulated and implemented. These principles are integral both to ensuring effectiveness in the adopted policy and responding to the obligations of States with regard to the rights to take part in public life, to seek and receive information and to have access to effective remedies in cases of violation.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 29
- Paragraph text
- Since the global economic and financial crises in the financial markets arose in 2007, they have had a devastating impact on poverty rates and presented a serious threat to the lives and livelihoods of hundreds of millions of people across the globe. Their disastrous impact has been amplified by a number of pre-existing social and economic realities: the world had been plagued in preceding years by consecutive fuel and food crises, unemployment was already unacceptably high, a majority of workers were employed in the informal sector, and only 20 per cent of the world's working-age population and their families had effective access to social protection.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Poverty
- Person(s) affected
- All
- Families
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 31
- Paragraph text
- The advanced interconnectedness of the world's economies and markets means that the ramifications of the crises have been far more extensive than any previous comparable economic downturn. Throughout both developing and developed countries, 205 million people are unemployed the highest number of unemployed in history. As a result of the crises, at least 55,000 more children are likely to die each year from 2009 to 2015. The prevalence of children dropping out of school has increased, as boys have been propelled into the workforce and girls given an increased burden of household tasks. By 2009, at least 100 million more people were hungry and undernourished because of the crises, a situation that continues to deteriorate owing to escalating food prices.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Food & Nutrition
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- Boys
- Children
- Girls
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 34
- Paragraph text
- To overcome the impact of economic deprivation and social exclusion, members of such groups require specific initiatives aimed at addressing their vulnerabilities and risks. Those living in poverty are the least equipped to benefit from the measures taken by States to respond to the crises. States must take measures that explicitly address those living in poverty, otherwise recovery measures will not reach them and inequality will become further entrenched. States should not presume that the recovery will simply "trickle down" to the most vulnerable. To ensure an inclusive rights-based recovery, States and the international community must address the specific needs of the poorest and most disadvantaged as a matter of great urgency. Failure to do this will imply lasting harm to those living in poverty.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Person(s) affected
- All
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 35
- Paragraph text
- The ways in which States have sought to respond to the global economic and financial crises have differed markedly across the globe, although some trends in crisis responses were clear. When the crisis first emerged, a large number of States introduced counter-cyclical measures (such as fiscal stimulus packages and social protection interventions) as a means of responding effectively and mitigating some of the most severe effects on the enjoyment of human rights by those living in poverty. While counter-cyclical measures proved to be crucial to protect the poorest, however, the fear is now that a number of States are discontinuing their counter-cyclical policies, retreating from fiscal stimulus plans and adopting fiscal austerity measures that reduce public expenditure, including social protection interventions.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Poverty
- Person(s) affected
- N.A.
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 36
- Paragraph text
- Reductions in public expenditure are likely to take the form of decreased spending on social services, which has the potential to significantly undermine the effective and efficient functioning of basic health and education services and social protection systems. These services are crucial for providing minimum essential levels of enjoyment of human rights and to protect the rights of the poorest and most vulnerable members of society. While the human rights framework does not exclude the possibility of States adopting austerity measures, it is clear that, in many instances, these reductions in expenditure could have grave consequences for the enjoyment of human rights, particularly for those living in poverty who continue to suffer from the cumulative effects of the crises.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Poverty
- Person(s) affected
- All
- N.A.
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 37
- Paragraph text
- Human rights do not dictate what policy measures States should take. States have the discretion to select and take policy measures according to their specific economic, social and political circumstances. The choice of policy measures must, however, comply with the State's human rights obligations. Human rights are not a policy option, dispensable during times of economic hardship. While a human rights response does not purport to stipulate a particular economic system or financial measures, it nevertheless provides a clear legal framework for the design and implementation of all policies, including economic and fiscal policy.
- 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
- 2011
- Date added
- Aug 19, 2019
Paragraph
Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 38
- Paragraph text
- The occurrence of economic crises does not exempt States from complying with their human rights commitments, nor does it entitle them to prioritize other issues over the realization of human rights. Rather, it is during crises and their aftermath that the necessity of State conformity with human rights obligations comes into sharp relief. It is precisely when increasing numbers of people are being pushed into extreme poverty and the livelihood of vulnerable groups is being threatened that the protection provided by human rights is most vital. In this regard, it is imperative that social spending and service delivery is adequate to support vulnerable populations and help them overcome the devastating impact of the crises on their 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
- Person(s) affected
- N.A.
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 41
- Paragraph text
- In those countries in which social protection schemes were already in place, protected by legislative or constitutional measures and constructed in accordance with a human rights framework, individuals and households most at risk of economic hardship were able to rely on social protection mechanisms to mitigate the social and economic effects of the crises and thus enjoyed stronger protection of their rights. This was the case in a number of Latin American countries that have well-developed and supported social protection systems. Where no adequate pre-existing social protection mechanisms were in place, States' investments in social protection were less able to respond to the effects of the economic downturn, although they still provided an important form of support to those most affected by the crises.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 44
- Paragraph text
- Cuts to social protection systems may violate the prohibition of retrogressive measures and seriously compromise the ability of States to ensure minimum essential levels of human rights for all, particularly the most vulnerable. By further targeting social protection mechanisms, States run a much higher risk of excluding those most in need of support, which would violate human rights principles regarding non-discrimination and equality and undermine the obligation to prioritize the most vulnerable. If targeting is adopted, Governments must comply with human rights principles that require, inter alia, minimizing exclusion errors and ensuring that targeting mechanisms are objective, transparent, open to scrutiny and do not stigmatize the beneficiaries. Targeted mechanisms should also be adopted within a long-term strategy of universal 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
- 2011
- Date added
- Aug 19, 2019
Paragraph
Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 45
- Paragraph text
- A significant percentage of post-crises austerity budgets have included proposals to limit the public wage bill by reducing the public sector workforce and cutting or freezing wages of public sector employees. Often these cuts are not progressively implemented, and therefore have a disproportionate impact on the lowest wage brackets. UNICEF has expressed concern that wage cuts or caps might translate into the reduction or erosion of the real value of salaries, as costs of living continue to rise, and may take the form of hiring freezes or employment retrenchment. The serious implications of such developments would be exacerbated by the fact that declines in real wages were already widespread owing to the effect of the global economic and financial crises on the labour market.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Person(s) affected
- N.A.
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 47
- Paragraph text
- The above measures will have a disproportionate impact on people living in poverty, particularly those in rural areas and the most disadvantaged, who already face numerous barriers in gaining access to health care and education services. By adopting policies that threaten to reduce the wages of those essential to the provision of such services, States would also jeopardize their ability to provide for the widest possible enjoyment of economic, social and cultural rights. These measures run a real risk of constituting unjustified retrogressive measures if they impede the State's ability to maintain minimum essential 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)
- Equality & Inclusion
- Health
- Poverty
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 49
- Paragraph text
- States have an unambiguous responsibility to take steps towards the full achievement of economic, social and cultural rights by using the maximum amount of resources available. In the aftermath of the global economic and financial crises, it has become clear that, in many States, efforts to increase resources for recovery through the whole spectrum of available options have been insufficient, thus impeding States' compliance with human rights. Low levels of domestic taxation revenue, in particular, could be a major obstacle to a State's ability to meet obligations to realize economic, social and cultural rights.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 50
- Paragraph text
- While raising tax revenue can be an essential part of an effective policy response to the effects of the crises, States should, however, be cognizant of their obligations to implement policies in accordance with the principles of non-discrimination and equality. In this context, the introduction of or an increase in regressive sales taxes or value added taxes may have a disproportionate impact on those who are already experiencing financial difficulties. Regressive taxes may represent an unequal added burden for those living in poverty or experiencing economic hardship, as they constitute a larger percentage of income. The real income of women living in poverty is particularly affected by the introduction of regressive taxes, especially when the introduction of taxes is carried out in conjunction with reductions to expenditure on public services. States must be vigilant in balancing the need to increase taxation revenue with their responsibilities to protect the most vulnerable and prevent further inequality.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Poverty
- Person(s) affected
- Women
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 53
- Paragraph text
- In recent years, food subsidies have become a common means of ameliorating the devastating effects of food scarcity and rising commodity prices on those living in poverty. The reduction of taxation on or subsidization of staple foods is aimed at providing immediate relief to those experiencing the most pressing forms of food insecurity. By providing access to a basic form of food security, food subsidies can limit the prevalence of hunger, increase consumption and improve nutrition in recipient households. Food subsidies also contribute to ensuring price stabilization and thus create greater food access for all. To this extent, they are one way in which States can ensure that they meet their obligations regarding the right to an adequate standard of living, including the right to food.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Humanitarian
- Poverty
- Person(s) affected
- All
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 54
- Paragraph text
- The recurrent crises have taken an extremely harsh toll on the access of those living in poverty to food and nutrition, and limited food subsidies may be a blow that many are unable to bear. Policies that limit or eliminate food subsidies would seriously threaten the ability of States to ensure minimum levels of enjoyment of economic, social and cultural rights, particularly for the most vulnerable. These policies may also undermine other efforts to address the effects of the crises through, for example, investments in social protection systems. Higher food costs can have an adverse impact on social protection systems as a result of real losses in the value of cash transfers or income received through social protection.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Poverty
- Person(s) affected
- All
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 55
- Paragraph text
- While commodity prices continue to escalate and another food crisis is imminent, from a human rights perspective it is imperative that food subsidy schemes remain intact or be replaced with alternatives policies that ensure food security for those living in poverty. Universal access to food subsidy programmes is the most effective means of reaching the poorest sections of society, but where resources are scarce, targeting may be necessary. If States decide to implement targeted schemes, they should do so within a long-term strategy of progressively ensuring universal protection and in compliance with a human rights framework.
- 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
- N.A.
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 56
- Paragraph text
- The challenge of recovering from successive crises presents a unique opportunity for States to formulate a transformative vision for the future aimed at the full realization of human rights. In putting human rights at the centre of their response to the crises, States ensure a recovery premised upon equality, inclusiveness and a genuine sense of social cohesion. The human rights framework orients the discussion about recovery away from deficit reduction and towards the reduction of deprivation and the eradication of obstacles to the realization of rights. Human rights do not set standards for growth or economic productivity; rather, they set standards for the quality of living that individuals are able to achieve and the calibre of services that they receive.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 58
- Paragraph text
- Through a human rights-based recovery, States have the chance to embrace new and ambitious approaches to reducing inequality, eliminating poverty and creating stable societies and economies that will withstand future shocks. A human rights approach is the best way for States to rectify the persistent inequalities, exacerbated by successive crises, which have diminished social cohesion and increased feelings of insecurity and exclusion. Should these inequalities persevere, the result could be increasing social unrest and conflict, a reality that has been vividly illustrated across North Africa and the Middle East in recent months.
- 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
- N.A.
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 60
- Paragraph text
- While the impact of the crises has differed markedly in each country, all States must take into account their international human rights obligations when designing policy responses. Before implementing any policy measure, States must assess its social impact, including from a gender perspective, and should only adopt policies that are compatible with their international human rights obligations. Cuts in funding to social services that have the greatest impact on the lives of those living in poverty should be a measure of last resort, and should be taken only after serious consideration of all alternative policy options, including how funding to other areas not directly linked with the enjoyment of economic, social and cultural rights might be otherwise reduced.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Humanitarian
- Poverty
- Person(s) affected
- N.A.
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 61
- Paragraph text
- In addition to the short-term responses to address immediately the impact of the crises, States must adopt a comprehensive long-term strategy for sustainable development aimed at addressing the root causes of poverty. In this regard, respect for all human rights, including the rule of law, gender equality and empowerment of women, inclusive participation, freedoms of association and expression, and equal access to public services are essential for poverty reduction. According to the circumstances of each State, national development strategies should also support small-scale farming through land redistribution, equal access to financial services and ensuring access to public services and infrastructure in rural areas.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Humanitarian
- Poverty
- Person(s) affected
- Women
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 64
- Paragraph text
- The crises have demonstrated that long-term investments in comprehensive social protection systems are necessary to cushion the impact of crises, reduce poverty and inequality and contribute to economic growth. A comprehensive rights-based social protection system must therefore be the foundation of any transformative recovery from the global economic and financial crises. Strengthening social protection systems now will ensure greater resilience against future crises, while supporting the most vulnerable will help to prevent the transmission of the effects of the crises to future generations. In order to avoid causing permanent and long-lasting detriment to those living in poverty, States should preserve their investments in social protection and take steps to increase investments where possible.
- 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
- N.A.
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 65
- Paragraph text
- The recovery from the crises presents an opportunity for States to ensure a social protection floor for everyone under their jurisdiction. This concept refers to a minimum level of social protection that everyone should enjoy. A national social protection floor is a basic set of rights and transfers that enables and empowers all members of a society to have access to essential services (such as adequate nutrition, health, education, housing, water and sanitation) and income security (through social transfers). The term "social floor" can correspond to the existing notion of "core obligations", to ensure the realization of, at the very least, minimum essential levels of economic, social and cultural rights.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Water & Sanitation
- Person(s) affected
- All
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 66
- Paragraph text
- Social protection floor initiatives must be implemented from a rights-based approach. In previous reports, the Independent Expert has gone into considerable detail about the rights-based approach to social protection. The Expert reminds States that the right to social security is not dispensed with or diluted during times of crisis or recovery; indeed, it is more acute and pressing than ever. In order to ensure that social protection systems are in line with human rights standards, States should establish a solid legal and institutional framework for social protection measures at the national level.
- 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
- Date added
- Aug 19, 2019
Paragraph
Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 69
- Paragraph text
- A rights-based approach also requires policymakers to ensure that all persons are protected in an equal and non-discriminatory manner. This principle implies a preference for social protection systems that are universal. While policies should prioritize the most vulnerable and disadvantaged in line with human rights standards, they must also form part of longer-term strategies to progressively ensure universal coverage. States must carefully screen policy choices to avoid the unfair exclusion of disadvantaged and disempowered groups and actively seek out ways to ensure that they are reached. In this regard, social protection programmes must be physically and culturally accessible to all.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 70
- Paragraph text
- A key priority for many States in responding to the crises is the reduction of unemployment, which has increased dramatically over the past few years, especially among the poorest and most vulnerable groups. Employment creation is a vital means of providing income security, generating economic growth, restoring social cohesion, preventing social and political instability and enabling individuals to achieve a number of economic, social and cultural rights, including the right to work, which is essential for realizing other human rights and forms an inseparable and inherent part of human dignity.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Poverty
- Person(s) affected
- All
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 73
- Paragraph text
- Any form of discrimination, such as that based on sex, race, ethnicity or religion, against workers must be prohibited. Workers' remuneration must be fair, allowing for a decent living for workers and their family. Equal remuneration for work of equal value must also be ensured without discrimination of any kind; in particular, women must enjoy equal pay with men. Special protection for women during pregnancy, and for persons with disabilities, must also be put in place. To ensure the implementation of these obligations, States must regulate labour markets and establish mechanisms to strengthen the accountability of private actors. A greater number of avenues for dialogue between employers and workers, and the opportunity for workers to participate in the design and implementation of employment policies, will further assist States in meeting their human rights obligations.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Men
- Persons with disabilities
- Women
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 74
- Paragraph text
- Considering that the majority of people living in poverty earn their livelihoods in the informal sector, under difficult conditions and receive low and irregular wages, policies should prioritize improving their working conditions and extending formal social protection to them. To this end, policymakers should consider encouraging the formalization of informal firms, and specifically of employment relations. These measures have the potential to reduce labour market inequality and to extend the coverage of labour institutions to groups that were previously excluded. States should ensure, however, that such measures are taken without increasing poverty and vulnerability.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Poverty
- Person(s) affected
- N.A.
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 75
- Paragraph text
- The obligations of non-discrimination and equality oblige States to ensure that employment creation policies benefit all sectors of society equally. Policies that increase the employability (for example, through demand-driven skills development and vocational training) of groups that face specific barriers in their access to employment, such as women, persons with disabilities, young people and indigenous populations, will assist States in fulfilling their human rights obligations. To remove obstacles to employment for women, States should ensure the availability of care services (from the State, the community and the market), the redistribution of paid and unpaid work from a gender perspective and the elimination of all forms of gender discrimination. States are not only obliged to undertake effective legislation to this end, but also to take measures to modify social and cultural patterns of conduct of men and women.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Gender
- Person(s) affected
- Ethnic minorities
- Persons with disabilities
- Women
- Youth
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 80
- Paragraph text
- In several countries, the crises have demonstrated a clear need to maximize means of harnessing resources specifically for the realization of economic, social and cultural rights. States should identify additional sources of fiscal space to increase resources for social and economic recovery. From an array of options, States should particularly consider widening the tax base, improving the efficiency of tax collection and reprioritizing expenditures. These types of reforms could help States to achieve a more progressive, equitable and sustainable taxation regime while complying with a human rights framework.
- 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
- 2011
- Date added
- Aug 19, 2019
Paragraph
Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 84
- Paragraph text
- A human rights approach stipulates that legal and policy measures to strengthen the accountability and transparency of financial systems should be taken. In order for States to meet their duty to protect, the banking sector should be regulated to obligate banking institutions to serve the interests of society by, for example, ensuring access to credit without discrimination, especially those struggling under increased economic burdens. States should ensure adequate means of redress for those adversely affected by the actions taken by financial sector institutions, and adopt regulations that discourage harmful practices by providing for accountability mechanisms that penalize risky behaviours and prosecute perpetrators.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 94
- Paragraph text
- To ensure an equitable and sustainable recovery from successive crises, States should redouble their efforts to meet long-standing human rights commitments to provide international assistance and cooperation. Acknowledging that many developing countries have a limited financial and institutional ability to respond to the impact of the crises and cannot afford increased public deficits, developed States should not use the crises to justify cuts in development assistance. Increased international aid could help reduce fiscal pressure for many low-income countries. States should therefore take concrete steps to reach the target of 0.7 per cent of GNP in ODA. To ensure that ODA is effective, it should be given under conditions that respect national ownership and be predictable, transparent and harmonized with national priorities.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 97
- Paragraph text
- Consensus and collective action are also essential to address the deficits in the global financial and economic architecture. Given that domestic economies are intertwined with the global economic system, in order for poverty to be reduced, national efforts must be supported by an enabling international environment. In this regard, an open, non-discriminatory, equitable and transparent multilateral trading system is essential. The Independent Expert calls on States to honour their commitments to working expeditiously towards a balanced and ambitious, comprehensive and development-oriented outcome of the Doha Development Agenda. It is vitally important that States agree on measures to address the financial and economic causes of food insecurity. The Expert urges the G20 to take immediate action to improve the regulation, functioning and transparency of financial commodity markets in order to address excessive commodity price volatility.
- 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
- All
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 98
- Paragraph text
- International financial institutions have played a vital role in providing financial and institutional support to many developing countries during the crises and in their aftermath; however, onerous conditionalities raise several human rights concerns. States that are members of these institutions should ensure that human rights are prioritized in all policies and measures. This obligation lies particularly with those States with the greatest powers of participation, voting and decision-making in the institutions. They must ensure that the actions of the institutions do not impede the realization of human rights. Moreover, States should remain committed to undertaking major reforms to the governance of these institutions to be more inclusive and representative, and to enhance transparency and accountability.
- 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
- 2011
- Date added
- Aug 19, 2019
Paragraph
Access to justice for people living in poverty 2012, para. 4
- Paragraph text
- The indivisibility, interdependence and interrelatedness of human rights is often recalled and reiterated in human rights instruments and by human rights bodies, although frequently disregarded in practice. The interdependence of all human rights is unequivocal when considering the situation of persons living in poverty, which is both a cause and a consequence of a range of mutually reinforcing human rights violations. Eradicating extreme poverty not only requires improving access to housing, food, education, health services, water and sanitation, but also requires ensuring that persons living in poverty have the resources, capabilities, choices, security and power necessary to enjoy the whole spectrum of human rights.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Water & Sanitation
- Person(s) affected
- All
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Access to justice for people living in poverty 2012, para. 6
- Paragraph text
- Persons living in poverty have a right to access justice without discrimination of any kind, and a right to due process, understood as the right to be treated fairly, efficiently and effectively throughout the justice chain. States have assumed obligations in that regard, by committing themselves to respect, protect and fulfil several rights such as the right to an effective remedy (e.g., Universal Declaration of Human Rights, art. 8; International Covenant on Civil and Political Rights, art. 2.3; Convention on the Elimination of All Forms of Racial Discrimination, art. 6; Convention against Torture, arts. 13 and 14); the right to equality before the courts and tribunals (e.g., International Covenant on Civil and Political Rights, art. 14.1); the right to a fair trial (e.g., Universal Declaration of Human Rights, art. 10; International Covenant on Civil and Political Rights, arts. 14-15); the right to legal assistance (e.g., Universal Declaration of Human Rights, art. 11.1; International Covenant on Civil and Political Rights, art. 14.3 (b)-(d)); and the right to equality and equal protection of the law (e.g., Universal Declaration of Human Rights, art. 7; International Covenant on Civil and Political Rights, art. 26).
- 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
- 2012
- Date added
- Aug 19, 2019
Paragraph
Access to justice for people living in poverty 2012, para. 7
- Paragraph text
- In addition, several other rights are also relevant, such as to enjoy rights without discrimination (e.g., Universal Declaration of Human Rights, art. 2; International Covenant on Civil and Political Rights, art. 2; International Covenant on Economic, Social and Cultural Rights, art. 2); the right to recognition as a person before the law (e.g., Universal Declaration of Human Rights, art. 6; International Covenant on Civil and Political Rights, art. 16; Convention on the Elimination of All Forms of Discrimination against Women, art. 15; Convention on the Rights of Persons with Disabilities, art. 12); and the right to seek and receive information (e.g., International Covenant on Civil and Political Rights, art. 19.2).
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Access to justice for people living in poverty 2012, para. 8
- Paragraph text
- The right to an effective remedy is a key element of human rights protection and serves as a procedural means to ensure that individuals can enforce their rights and obtain redress. The lack of effective remedies for violations of human rights such as discrimination is still a pressing reality in many jurisdictions, as is the lack of judicial protection for economic, social and cultural rights. However, this concept entails more than improving access to judicial and adjudicatory mechanisms. It also implies that remedies must be effective and legal, and that judicial outcomes must be just and equitable. The right to an effective remedy also includes reparation, restitution, compensation, rehabilitation, satisfaction and guarantees of non-repetition.
- 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
- All
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Access to justice for people living in poverty 2012, para. 9
- Paragraph text
- The right to equality before the courts and tribunals and the right to a fair trial consist of a complex set of rules and practices that include the right to a fair and public hearing within a reasonable time and respect of the principles of equality of arms and presumption of innocence, among others. While the rules regarding due process are included in several provisions of international human rights treaties, of particular relevance is article 14 of the International Covenant on Civil and Political Rights, which provides that "all persons shall be equal before the courts and tribunals" in criminal and civil cases and creates an obligation upon States to ensure that everyone has access to "a fair and public hearing by a competent, independent and impartial tribunal established by law" in "the determination of any criminal charge against him or of his rights and obligations in a suit at law".
- 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
- 2012
- Date added
- Aug 19, 2019
Paragraph
Access to justice for people living in poverty 2012, para. 10
- Paragraph text
- The principle of equality and non-discrimination obliges States to take measures to ensure that all individuals are entitled to equal access to judicial and adjudicatory mechanisms without distinction on the basis of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, and that all parties in judicial or legal proceedings are treated without any discrimination. The principle of equality and non-discrimination extends to prevent discrimination on the basis of social and economic status, as implied in the phrase "other status".
- 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
- All
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Access to justice for people living in poverty 2012, para. 11
- Paragraph text
- Thus, States have an obligation to construct a legal and institutional framework which facilitates access to independent and effective judicial and adjudicatory mechanisms and ensures a fair outcome for those seeking redress, without discrimination of any kind. However, guaranteeing de jure access to judicial and adjudicatory mechanisms is not sufficient to ensure that all individuals have de facto access to justice. States must also take positive measures to ensure laws and policies are substantively non-discriminatory, including measures to eliminate conditions which cause or help to perpetuate discrimination. In many instances, laws, policies and procedures may indirectly discriminate against, or have a disproportionate impact upon, persons living in poverty. In addition, various extralegal factors also limit or obstruct their de facto access to justice.
- 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
- 2012
- Date added
- Aug 19, 2019
Paragraph
Access to justice for people living in poverty 2012, para. 12
- Paragraph text
- To ensure that the poor have de facto enjoyment of the rights to an effective remedy, equality before the courts and a fair trial, States must take effective measures to remove any regulatory, social or economic obstacles that impede or hamper persons living in poverty from accessing remedies and securing a fair and equitable outcome in any judicial or adjudicatory process. This includes removing obstacles imposed by the unequal economic or social status of those seeking redress, taking into account the principles of equality before the courts and equality of arms, which are integral parts of due process.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Person(s) affected
- All
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Access to justice for people living in poverty 2012, para. 13
- Paragraph text
- These principles require that claimants or defendants must be able to exercise their rights and defend their interests effectively and in full procedural equality with other parties. When there is a big disparity in the economic or social status of litigants, as is often the case when those living in poverty seek redress for grievances against more powerful parties, there is a high risk of an unequal trial. For example, this is likely when impoverished workers want to bring a case against their employer for unfair and unjust working conditions or when a woman without personal income or resources brings a case against her partner for domestic violence. Procedural inequality can also arise in litigation against the State.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Poverty
- Person(s) affected
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Access to justice for people living in poverty 2012, para. 14
- Paragraph text
- The existence of significant socioeconomic inequality between the parties in a proceeding requires States to adopt all necessary measures to help to reduce or eliminate the deficiencies that impair or diminish the effective protection of the rights at stake. If such measures are not taken, those who are socially or economically disadvantaged do not enjoy a real opportunity for justice or the benefits of due process of law in an equal manner. These obligations arise in civil and criminal cases and in pretrial stages of the justice chain, when the rights of persons living in poverty are also at stake.
- 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
- 2012
- Date added
- Aug 19, 2019
Paragraph
Access to justice for people living in poverty 2012, para. 15
- Paragraph text
- Even in the most developed countries, legal disempowerment is rife and persons living in poverty do not have full de jure or de facto access to justice. Around the world, persons living in poverty face a range of obstacles in claiming and enforcing, or contesting violations of, their rights. Such obstacles not only imply violations of their rights to a remedy and due process, but also undermine their ability to enjoy other human rights equally and without discrimination. States, therefore, are under an obligation to eliminate obstacles which frustrate the efforts of the poorest and most vulnerable to access justice. Effective enforcement of and compliance with judicial rulings in favour of persons living in poverty are also essential to ensure that persons living in poverty can benefit from the law.
- 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
- 2012
- Date added
- Aug 19, 2019
Paragraph
Access to justice for people living in poverty 2012, para. 17
- Paragraph text
- Some of the obstacles that persons living in poverty face, such as the cost of legal advice, administrative fees and other collateral costs, relate directly to their lack of financial resources. Other obstacles, including lack of access to information and lack of legal recognition arise out of discrimination against the poorest and most marginalized. Furthermore, institutional and structural obstacles are found in the design and operation of justice systems; these include the inadequate capacity and resources of courts, the police and prosecution corps, the corrupt practices therein, and the location of courts and police stations. Poor functioning of the justice system particularly affects the poor, because pursuing justice requires a much greater effort and investment in terms of money and time for them, while their chances of a just and favourable outcome are worse. The deprivations that persons living in poverty encounter throughout their lives - lack of access to quality education, reduced access to information, limited political voice and social capital - translate into lower levels of legal literacy and awareness of their rights, creating social obstacles to seeking redress.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Person(s) affected
- All
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Access to justice for people living in poverty 2012, para. 18
- Paragraph text
- Certain groups that suffer from structural discrimination and exclusion and are disproportionately represented among the poor, particularly ethnic and racial minorities, migrants and indigenous peoples, encounter additional barriers to accessing justice. Those difficulties are multiplied for women living in poverty, who experience compounded discrimination and disempowerment, not to mention financial constraints. Therefore, across different contexts, women living in poverty experience particular difficulties in accessing justice mechanisms and winning judicial recognition, action and enforcement for crimes, discrimination and human rights violations they are disproportionately subject to. Children are often denied the due process guarantees that they are entitled to on the same basis as adults, as well as additional protections that are necessary, in particular when they are particularly deprived or marginalized.
- 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
- Children
- Ethnic minorities
- Persons on the move
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Access to justice for people living in poverty 2012, para. 19
- Paragraph text
- Thus, persons living in poverty face significant barriers that seriously impede or discourage them from seeking justice. Those barriers include the following.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Person(s) affected
- All
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Access to justice for people living in poverty 2012, para. 21
- Paragraph text
- Persons living in poverty may choose not to seek justice because they fear reprisal or sanction from more powerful actors within or outside their community, or fear being stigmatized or discriminated against. Having experienced discrimination and abuse at the hands of the police and other authorities throughout their lives, people living in poverty are often averse to relying upon formal legal processes for fear of being subject to further exploitation or corruption, or of receiving an unjust outcome. Certain groups, such as ethnic minorities, indigenous peoples or irregular migrants, may be reluctant to engage with the justice system owing to concerns relating to the respect of their own values or owing to their immigration status.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Access to justice for people living in poverty 2012, para. 26
- Paragraph text
- States not only have an obligation to ensure the enjoyment of the right to education, including human rights education (International Covenant on Economic, Social and Cultural Rights, art. 13) but also an obligation to ensure access to information without discrimination (International Covenant on Civil and Political Rights, arts. 2 and 19), which implies an obligation to proactively put information of public interest in the public domain and to ensure easy, prompt, effective and practical access to such information for all persons. In the context of access to justice, this requires, for example, that States proactively inform the public about new or changing laws, and make legal materials, such as laws, judgements, trial transcripts and adjudication procedures, available and reasonably accessible.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Access to justice for people living in poverty 2012, para. 27
- Paragraph text
- Simply making information available is not sufficient. The burdens involved in accessing information, such as travel costs, fees, long waiting periods, and interaction with State officials, can act as disincentives for the poorest. States often do not take into account the difficulties, such as financial, geographical, technological or linguistic barriers, that the poor face in accessing information. For example, in many States, information about new statutes is disseminated in a very limited way, or access to copies of enacted laws is conditional upon the payment of a fee. Information may only be available in written format, thus creating obstacles for those with low levels of literacy and persons with disabilities, or may only be published online or in commercial newspapers, or only in one official language.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Poverty
- Person(s) affected
- Persons with disabilities
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Access to justice for people living in poverty 2012, para. 29
- Paragraph text
- For example, in many legal systems, economic, social and cultural rights are not sufficiently protected, and discrimination on the grounds of socioeconomic situation is not recognized. Similarly, issues such as abuses in the informal employment sector or the exploitation of tenants by landlords, all of which disproportionately affect persons living in poverty, are often not legislated against in an effective manner. Meanwhile, actions which are undertaken by persons living in poverty out of necessity, such as sleeping in public spaces or street vending, are criminalized. Hence, reforms aimed at improving access to justice by the poor must not neglect the need to modify or repeal certain laws or strengthen others.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Poverty
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Access to justice for people living in poverty 2012, para. 30
- Paragraph text
- Women living in poverty suffer compounded obstacles to accessing justice generated by inadequate legal frameworks and normative protection, because the deprivations and abuse that women suffer as women are often not recognized in law. Many States lack legal and constitutional frameworks that guarantee women the enjoyment of their rights, such as anti-discrimination laws. Issues such as domestic violence, sexual violence, reproductive rights, and equal pay and inheritance rights are not adequately addressed in many legal regimes, thus curtailing any possibility of seeking remedies. This has a particularly devastating impact on poor women, who are often left without any formal or informal recourse.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Poverty
- Person(s) affected
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Access to justice for people living in poverty 2012, para. 31
- Paragraph text
- Often, there is no mechanism in place to review social policies or administrative decisions that have a major impact on the enjoyment of their rights by persons living in poverty. The lack of remedies for the negative impacts of social policy in the areas of health, housing, education and social security, or for administrative decisions relating to welfare benefits or asylum proceedings, often results in inability to seek redress in cases of violations of key human rights, such as the right to equality and non-discrimination and the right to social security. This is a major obstacle to accessing justice for persons living in poverty, who are disproportionately affected by those policies.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Poverty
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Access to justice for people living in poverty 2012, para. 32
- Paragraph text
- The lack of judicial review or complaints mechanisms for social policy, compounded by a lack of justiciability of economic, social and cultural rights at the domestic level, creates the perception that social policy is a charitable measure rather than part of an obligation to ensure the enjoyment of human rights. The recognition of rights imposes the obligation to establish judicial or other remedies that enable rights holders to invoke their protection in courts, or before other similarly independent bodies, when they are infringed. The lack of adequate and effective remedies for violations of economic, social and cultural rights is thus an infringement of international human rights instruments.
- 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
- All
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Access to justice for people living in poverty 2012, para. 33
- Paragraph text
- The right to be recognized as a person before the law is a fundamental human right (International Covenant on Civil and Political Rights, art. 16, and Convention on the Rights of the Child, art. 7), and is at the core of the right to access justice. Many persons living in poverty are de facto deprived of accessing courts and other public services as they lack legal identity. With more than 50 million births going unregistered every year, the lack of formal registration is a considerable barrier to legal recognition before the law, which has a disproportionate impact on the poorest and most marginalized. Without recognition, individuals are unable to access social services or to access courts to seek remedies for violations of their human rights.
- 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
- Children
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Access to justice for people living in poverty 2012, para. 35
- Paragraph text
- Persons living in poverty face obstacles in each of the steps that they must take to seek redress through the formal justice system.
- 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
- Date added
- Aug 19, 2019
Paragraph
Access to justice for people living in poverty 2012, para. 37
- Paragraph text
- While police deployment can be problematic when communities living in poverty are disproportionately targeted, the absence of police and other institutions necessary for the administration of justice in rural, poor and marginalized areas is a common problem. Courthouses, particularly appeal courts, are often located only in capital cities or large towns. Police officers, prosecutors and lawyers are also concentrated in urban areas, along with registries for land titling and for births, deaths and marriages. In such circumstances, persons living in poverty often have to travel long distances at great cost to engage with the justice system, exposing themselves to unfamiliar environments and unsafe conditions.
- 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
- Date added
- Aug 19, 2019
Paragraph
Access to justice for people living in poverty 2012, para. 40
- Paragraph text
- Persons living in poverty, particularly those with disabilities or older persons, may experience additional obstacles in accessing justice when courts and police stations are not appropriately designed, and when court processes are not adaptable. For example, many judicial systems are heavily reliant on paper forms and written submissions, and on the presentation of oral evidence. Often, police stations and courts are not wheelchair accessible. Where measures are not in place to enable judicial bodies to adapt their processes for those in need, including by providing aid to defendants, claimants, witnesses and jurors who require it, such persons are excluded from accessing and benefiting from the justice system.
- 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
- Older persons
- Persons with disabilities
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Access to justice for people living in poverty 2012, para. 44
- Paragraph text
- The rights and interests of women are thus especially compromised by badly resourced and trained judicial systems and police forces, State organs that traditionally reflect and prioritize the interests of men and are dominated by men. Not only do women living in poverty come up against stark power imbalances and discriminatory cultural norms and other social structures when instituting legal proceedings, they are also disadvantaged by the lack of training afforded to officials on the application of laws relating to gender-based violence and the proper treatment of victims and handling of complaints. Women living in poverty have even less power and capacity to challenge this state of affairs.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Poverty
- Violence
- Person(s) affected
- Men
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Access to justice for people living in poverty 2012, para. 49
- Paragraph text
- The provision of bail pending trial is often subject to stringent and onerous conditions. In the vast majority of cases, those requirements are impossible to meet for the poorest. Therefore, they are more likely to remain in detention pending trial. This dramatically increases the likelihood that they will ultimately be convicted: not only does it put them in a vulnerable position, in which they will be more inclined to accept unfair "plea deals" or to make admissions of guilt in order to secure a swifter release, it also impedes their ability to liaise with lawyers or obtain character witnesses, and causes them to lose their employment or social housing, thereby creating a disincentive for the court to give a suspended or community sentence.
- 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
- Date added
- Aug 19, 2019
Paragraph
Access to justice for people living in poverty 2012, para. 50
- Paragraph text
- The economic and social costs of detention and incarceration can be devastating for persons living in poverty. Detention and incarceration can lead to loss of income and employment and often temporary or permanent withdrawal of social benefits. Their families, particularly their children, are also directly affected. Therefore, criminal justice systems predicated on detention and incarceration, even for minor non-violent crimes, can themselves represent a significant obstacle to access to justice for persons living in poverty. Those who are poor and vulnerable are likely to leave detention disproportionately financially, physically and personally disadvantaged.
- 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
- Children
- Families
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Access to justice for people living in poverty 2012, para. 61
- Paragraph text
- International human rights law explicitly establishes the right to free legal assistance in criminal proceedings (International Covenant on Civil and Political Rights, art. 14). This is particularly important for those living in poverty, who face a range of obstacles in negotiating bail procedures, pretrial detention, trials and sentencing, and appeals. Nonetheless, free legal aid should not only be provided in criminal matters, but also in civil matters when individuals do not have sufficient resources to pay for legal assistance and, without such assistance, they are prevented from asserting their rights. For example, when domestic law requires that individuals be represented by counsel to access judicial protection, the failure to provide free legal aid to persons without financial means would constitute a violation of the right to a fair trial and to effective judicial protection.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Poverty
- Person(s) affected
- All
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Access to justice for people living in poverty 2012, para. 62
- Paragraph text
- Lack of legal aid for civil matters can seriously prejudice the rights and interests of persons living in poverty, for example when they are unable to contest tenancy disputes, eviction decisions, immigration or asylum proceedings, eligibility for social security benefits, abusive working conditions, discrimination in the workplace or child custody decisions. Indeed, exclusion of certain categories of claims from the scope of free legal aid, such as housing or immigration proceedings, or exclusion from representation before quasi-judicial tribunals, such as welfare or employment appeal boards, discriminates against the poor. Moreover, the legal processes which relate to such civil matters are often extremely complex and their requirements onerous, creating insurmountable obstacles for those without the assistance of a lawyer, particularly if the State or other party enjoys such assistance. This is particularly troubling with respect to civil matters involving the most vulnerable groups, such as indigenous peoples, persons with disabilities and ethnic minorities, who often face serious deprivations and violations of their rights, and lack the means or ability to contest them.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Poverty
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Access to justice for people living in poverty 2012, para. 64
- Paragraph text
- Often, the criteria which govern access to State-funded legal assistance are arbitrary and overly restrictive, and rely heavily on means-testing to determine eligibility. Means-testing is often inaccurate and is unable to take account of the wealth distribution within a household, disadvantaging those who have restricted access to household wealth, such as women and older persons. Furthermore, it fails to realistically reflect the options faced by persons living in poverty; for example, it may disqualify individuals if they have the option of disposing of household assets, even if those assets are used to produce food and generate subsistence income for the household.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Poverty
- Person(s) affected
- Older persons
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Access to justice for people living in poverty 2012, para. 65
- Paragraph text
- The quality of legal services available to persons living in poverty is significantly undermined by the inadequate allocation by States of human and financial resources to legal aid services. In many instances, the fees legal aid lawyers are paid are far from commensurate with the amount of time and effort required to effectively litigate a criminal or civil case. Legal aid lawyers are often in short supply and overstretched. Legal aid providers therefore have to turn down a large proportion of deserving applications. In many countries, the number of applications for civil legal aid has risen, while resources allocated to legal aid have decreased. The lack of funding also dramatically impedes the quality of free legal services, as legal aid lawyers may be very inexperienced.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Poverty
- Person(s) affected
- N.A.
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Access to justice for people living in poverty 2012, para. 66
- Paragraph text
- Even where legal aid services are available and adequately funded, discrimination in their design and implementation impedes certain individuals and groups from accessing them. For example, some rely on telephone intakes or written applications, failing to take into account the needs and constraints of persons with disabilities, older persons or those with lower levels of literacy. Inadequate or piecemeal support directed towards community-based paralegal programmes also restricts an important and more affordable source of legal assistance. Although all aspects of the legal profession should be regulated, excessive restrictions on the operation of paralegals, or lack of official recognition of their role, can also hamper the support they provide to persons living in poverty.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Person(s) affected
- Older persons
- Persons with disabilities
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Access to justice for people living in poverty 2012, para. 74
- Paragraph text
- Persons living in poverty are even further disadvantaged when they are conducting proceedings or making a claim against corporate entities or the State, whose power, reach and resources far outweigh theirs. This is particularly evident in criminal cases, where the State controls the collation and production of evidence. The process of collecting exculpatory evidence or obtaining expert testimony may prove prohibitively costly for the poorest and most vulnerable individuals and is even more difficult for those forced to remain in pretrial detention because of their inability to make bail or pay the necessary bribes. In such cases, individuals have little hope of having their charges fairly adjudicated at trial.
- 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
- Date added
- Aug 19, 2019
Paragraph
Access to justice for people living in poverty 2012, para. 77
- Paragraph text
- Despite States' obligation to ensure that individuals facing a criminal charge have access to a free interpreter (International Covenant on Civil and Political Rights, art. 14.3 (f)), often this service is limited, unavailable or reserved for those who speak a foreign language, rather than a minority language or local dialect, and is rarely provided in civil cases. The issue of language disproportionately disadvantages women, who are not only less likely to speak the predominant language and require an interpreter, but who are also vulnerable to abuse or exploitation by interpreters, whose cultural prejudices may inform their translation.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Movement
- Person(s) affected
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Access to justice for people living in poverty 2012, para. 78
- Paragraph text
- Even when the predominant language is spoken, cultural differences can impede communication within the judicial system. In addition to imbalances of power, in some cultural groups, different terminology may be used for specific occasions or to speak to people in a different relationship, and time and place may be described in different ways. Furthermore, intercultural communication between indigenous groups or ethnic minorities and judicial officers can be impeded by differences in perceptions of politeness; cultural taboos which prevent the giving of certain evidence; and reliance on interrogatory methods. When judicial processes do not adopt measures to facilitate cross-cultural communication and adapt to cultural differences, this may contribute to higher rates of conviction on criminal charges, undermining the right to a fair trial.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Access to justice for people living in poverty 2012, para. 81
- Paragraph text
- In addition, narrow rules relating to legal standing prevent civil society organizations from taking a more direct role in litigation, or engaging in judicial proceedings on behalf or in support of persons living in poverty and other vulnerable groups (with their permission), who may lack the resources or capacity to do so themselves. For example, in 10 European Union member States, the domestic rules on legal standing are considered overly restrictive and therefore represent a major obstacle to the right to access justice. In those States, individuals cannot bring a claim to court unless they have full legal capacity (which often excludes those with certain disabilities) and are directly concerned in the matter.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Poverty
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Access to justice for people living in poverty 2012, para. 82
- Paragraph text
- The presence of civil society in the judicial context can greatly improve the system. The ability of civil society organizations to support victims or bring cases on their behalf can reduce the financial and personal burden of legal action on the individual claimant. State restrictions on public interest litigation or on the filing of amicus briefs by civil society organizations can close off other avenues for access to justice for persons living in poverty. This is especially so in terms of remedy for structural or systemic abuses or discrimination, which affect large numbers 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
- Date added
- Aug 19, 2019
Paragraph
Access to justice for people living in poverty 2012, para. 84
- Paragraph text
- Implementation of a collective litigation mechanism by which findings and benefits are generalized beyond the actual litigants can ensure that human rights become meaningful for large numbers of people, even when those whose rights are being violated are not aware of the violation (or the rights). It can also draw the attention of the authorities to their constitutional and legal obligations regarding human rights. In legal systems where courts have the power of judicial review or of issuing erga omnes judgements, which can declare certain laws or a state of affairs unconstitutional, this can have a positive effect in terms of securing justice for 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
- Date added
- Aug 19, 2019
Paragraph
Access to justice for people living in poverty 2012, para. 85
- Paragraph text
- Considering that the formal justice system is often remote or difficult to access for persons living in poverty, their grievances are often resolved outside the formal justice system through alternative dispute resolution systems, including those based on traditional, customary or religious law. Indeed, research shows that people living in poorer communities are more likely to resort to informal justice systems; in some countries more than half of all legal disputes are resolved in this manner. For persons living in poverty, resolving disputes through a means other than the formal system is not necessarily due to preference but rather to the lack of choice available to them because of the inaccessibility of the State legal order, or to social or economic compulsion.
- 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
- Date added
- Aug 19, 2019
Paragraph
Access to justice for people living in poverty 2012, para. 87
- Paragraph text
- The complexity of plural legal orders is likely to privilege those who are well informed and wealthy, and disadvantage those who are poor or marginalized, as often occurs in the formal State justice system. Moreover, informal justice mechanisms can act as a barrier to meaningful justice, particularly for the poorest and most disadvantaged community members, often reinforcing existing power structures and promoting elite domination and influence. In some cases, non-State justice mechanisms prioritize the interests of the community over the interests of the individual, which may have the effect of exacerbating the situation of the worst off in the community. Rarely do informal mechanisms take into account the legal rights of the individuals involved or consider international human rights standards.
- 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
- 2012
- Date added
- Aug 19, 2019
Paragraph
Access to justice for people living in poverty 2012, para. 90
- Paragraph text
- Despite challenges in informal justice systems, it is also important to note that State attempts to suppress the use of such systems can have severely detrimental effects on access to justice by the poor.
- 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
- Date added
- Aug 19, 2019
Paragraph
Access to justice for people living in poverty 2012, para. 92
- Paragraph text
- Access to justice is essential for tackling poverty and protecting the human rights of persons living in poverty. Even mature democracies with well-functioning State institutions and technically inclusive and fair legal systems struggle to ensure de facto equal access to justice by those living in poverty. When the poor are unable to access justice equally and without discrimination, they are prevented from enjoying and claiming their human rights, and from seeking remedies to violations of their rights. This may exacerbate their situation, or frustrate their efforts to move out of poverty.
- 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
- 2012
- Date added
- Aug 19, 2019
Paragraph
Access to justice for people living in poverty 2012, para. 96
- Paragraph text
- [States should:] Take strong measures to eliminate corrupt practices in the justice system and in law enforcement, including the solicitation of bribes; such measures might include legislation criminalizing all forms of corrupt acts, dedicating resources to policing and prosecuting corrupt officials, requiring judges to make declarations of the assets, improving the working conditions and salaries of police and judicial officers, and improving mechanisms to ensure the transparency of judicial processes
- 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
- All
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Access to justice for people living in poverty 2012, para. 96
- Paragraph text
- [States should:] Provide free interpreters in civil and criminal cases for those who require but cannot afford them
- 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
- 2012
- Date added
- Aug 19, 2019
Paragraph
Unpaid care work and women's human rights 2013, para. 4
- Paragraph text
- The line between unpaid care work and other types of unpaid work - for example in subsistence agriculture or family businesses - is not always easy to draw. However, unpaid (non-care) work is included in calculations of gross domestic product (GDP) and systems of national accounts and increasingly recognized in development programming and food security initiatives. In contrast, domestic work and caring for people has remained largely invisible in economic calculations, statistics, policy and political discourse, and is commonly undervalued by society and policy makers, despite the fact that its monetary value is estimated at from 10 to over 50 per cent of GDP. Even human rights advocates and monitoring bodies have so far paid little sustained attention to the human rights implications of unpaid care work. This is highly problematic, given that care not only contributes to well-being, social development and economic growth but also has an enormous impact on the enjoyment of human rights of both caregivers and care receivers.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Unpaid care work and women's human rights 2013, para. 5
- Paragraph text
- Considering the limited length of this report and the mandate's focus on extreme poverty and human rights, no attempt is made to assess the extensive issue of human rights and care holistically. Rather, the report focuses specifically on the human rights of unpaid caregivers, in particular women living in poverty who provide unpaid care. Other relevant human rights implications of unpaid care work - such as tensions between care and unwanted dependency, abuses against persons with disabilities or older persons, and children's right to receive quality care - are not addressed, and only brief recommendations are made on paid domestic work. The Special Rapporteur hopes that this report will nevertheless encourage broader discussion of the human rights implication of care work.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Poverty
- Person(s) affected
- Children
- Older persons
- Persons with disabilities
- Women
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Unpaid care work and women's human rights 2013, para. 6
- Paragraph text
- In 1995, the Beijing Declaration and Platform for Action highlighted the importance of tackling the unequal distribution of paid and unpaid work between men and women, as an essential step towards achieving gender equality. Unfortunately, very little progress has been made since that time. The neglect of unpaid care in policy persists, at great cost to caregivers themselves. Across the world, millions of women still find that poverty is their reward for a lifetime spent caring, and unpaid care provision by women and girls is still treated as an infinite, cost-free resource that fills the gaps when public services are not available or accessible. This report calls for a fundamental shift in this status quo, as part of States' fundamental human rights obligations. Without further delay, public policies should position care as a social and collective responsibility and treat unpaid caregivers and those they care for as rights holders.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Girls
- Men
- Women
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Unpaid care work and women's human rights 2013, para. 7
- Paragraph text
- Across the world, women and girls commit substantially more time than men to unpaid care work. This heavy and unequal responsibility for unpaid care is a barrier to women's greater involvement in the labour market, affecting productivity, economic growth and poverty reduction. Most importantly, however, the unequal distribution, intensity and lack of recognition of unpaid care work undermines the dignity of women caregivers, obstructs their enjoyment of several human rights on an equal basis with men, undermines progress towards gender equality and entrenches their disproportionate vulnerability to poverty across their lifetime.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Poverty
- Person(s) affected
- Girls
- Men
- Women
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Unpaid care work and women's human rights 2013, para. 8
- Paragraph text
- States' actions or inactions define who has access to quality care and who bears the costs of its provision. For example, where public services are unavailable, of low quality or not sufficiently adapted to the needs of carers - for example, school hours that do not correspond with parents' working hours - the unpaid care work of families and communities is intensified. When the State fails to adequately regulate, fund or provide care, the burden shifts to families who have to make their own arrangements. Owing to gender stereotypes related to family and work, such as "male breadwinners", "women as carers/nurturers", this generally means that women assume the bulk of the work, to the detriment of their human rights enjoyment.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Person(s) affected
- Families
- Women
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Unpaid care work and women's human rights 2013, para. 9
- Paragraph text
- The difficulties, intensity and gendered distribution of unpaid care work create and perpetuate unequal rights enjoyment and gender inequality, and cause human rights violations. States therefore have concrete obligations in this regard. Various international human rights treaties, including the International Covenant on Economic, Social and Cultural Rights, the Convention on the Elimination of All Forms of Discrimination against Women, the International Covenant on Civil and Political Rights, the Convention on the Rights of the Child and the Convention on the Rights of Persons with Disabilities establish legally binding obligations that ought to compel States to address the issue of unpaid care.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Gender
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Unpaid care work and women's human rights 2013, para. 11
- Paragraph text
- As care is relational, in many ways the rights of caregivers are symbiotically intertwined with the rights of care receivers: overburdening caregivers with unpaid care work has an impact on the quality of the care they are able to provide. Therefore, when unpaid care work is not adequately recognized, supported or valued by the State, the rights of those who rely on care provision for their health, life and well-being may also be violated, particularly in low-income households. For the rights of both caregivers and care receivers to be realized, the cost of care must be assumed by society more broadly.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Health
- Person(s) affected
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Unpaid care work and women's human rights 2013, para. 17
- Paragraph text
- Intensive unpaid care workloads create chronic time deficits, limiting opportunities for women and girls to access and progress in education, participate in income-earning activities and accumulate retirement incomes and savings, contributing to their higher vulnerability to poverty. Constraints imposed by care responsibilities also contribute to the concentration of women in low-waged, precarious, unprotected employment, in hazardous or unhealthy conditions with high risk to their health and well-being. Such jobs are less likely to enable them to lift themselves out of poverty. Ultimately, the combination of lack of time and social subordination restricts women's ability to participate on an equal footing in public life.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Poverty
- Person(s) affected
- Girls
- Women
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Unpaid care work and women's human rights 2013, para. 20
- Paragraph text
- Human rights standards are concerned with the pursuit of substantive equality, rather than just formal equality. This is explicit in the approach of the Convention on the Elimination of All Forms of Discrimination against Women, which recognizes that achieving equality requires transforming unequal power relations between women and men and ensuring that all human beings can develop and make choices without the limitations set by stereotypes, rigid gender roles and prejudices. The Convention emphasizes that a gender-neutral policy may result in de facto discrimination against women, and that, to ensure that women enjoy the same rights as men and reach substantive equality, they may need to be treated differently.
- 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
- 2013
- Date added
- Aug 19, 2019
Paragraph
Unpaid care work and women's human rights 2013, para. 21
- Paragraph text
- The Convention obliges States parties to take all appropriate measures to modify or abolish laws, regulations, customs and practices that discriminate against women (article 2 (f)). This includes the obligation to modify "the social and cultural patterns of conduct of men and women, with a view to achieving the elimination of prejudices and customary and all other practices which are based on the idea of the inferiority or the superiority of either of the sexes or on stereotyped roles for men and women" (article 5). The gendered division of unpaid care work, fostered by stereotypes which delineate men as breadwinners and women as carers/nurturers, is clearly one such practice.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Men
- Women
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Unpaid care work and women's human rights 2013, para. 22
- Paragraph text
- In order to ensure that women enjoy all their rights on equal terms with men, States must take all appropriate measures to ensure that care responsibilities are equally shared by men and women. The Convention expressly refers to the sharing of responsibility among men and women and wider society in regard to the upbringing of children (preamble). It notes that States parties must ensure "the recognition of the common responsibility of men and women in the upbringing and development of their children" (article 5). This provision requires States to combat patriarchal attitudes and stereotypes regarding the roles and responsibilities of women and men within the family and society at large, and to address discrimination in education and employment and the compatibility of work requirements and family needs. States must, inter alia, prohibit discrimination or dismissal on the grounds of pregnancy or maternity and ensure that men and women have equal opportunities to choose their profession or occupation (see for example articles 11.2 and 16).
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Men
- Women
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Unpaid care work and women's human rights 2013, para. 26
- Paragraph text
- Women, especially women living in poverty, face multiple, overlapping and variable obstacles to their enjoyment of rights due to care responsibilities they carry throughout their life cycle. Girls may be withdrawn from school or unable to achieve their full potential owing to care work in the home, restricting their future opportunities; during pregnancy or early childcare women are more likely to face employment loss or labour insecurity; while older women find themselves with lower levels of retirement savings because of caring responsibilities. These life-cycle risks have a profound effect on the enjoyment of their rights as well as on the inter-generational transmission of poverty. If women are unable to enjoy a particular human right on an equal basis with men, this is unequivocally a violation of the right in question.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Poverty
- Person(s) affected
- Girls
- Older persons
- Women
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Unpaid care work and women's human rights 2013, para. 27
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- It is hard to think of a human right that is not potentially affected in some way by the unequal distribution and difficulty of unpaid care work. In this section, the focus is on specific economic, social and cultural rights as well as the right to participation, but this should not be interpreted as an exhaustive list. Excessive burdens of unpaid care work may threaten the enjoyment of other human rights by caregivers, such as freedoms of speech, association and assembly. Moreover, because unpaid care work is so time-consuming and arduous, especially for women living in poverty, women are often unable to enjoy their right to rest and leisure .
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Social & Cultural Rights
- Person(s) affected
- Women
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Unpaid care work and women's human rights 2013, para. 29
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- Undoubtedly, women cannot enjoy this right equally if they have a disproportionate share of (unpaid) work at home. Gendered distribution of, and stereotypical assumptions about, family and caring responsibilities are at the root of much of the discrimination and limitations women experience in the labour market: barriers to entering employment, fewer opportunities for advancement, lower wages and higher levels of informal and insecure work. Moreover, women's right to decent work is consistently perceived as inferior to that of men. Simultaneously, discrimination against men who seek to perform a greater share of caring and family responsibilities further entrenches gender stereotypes and disadvantages women.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Person(s) affected
- Families
- Men
- Women
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Unpaid care work and women's human rights 2013, para. 31
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- Guaranteeing the exercise and enjoyment of women's right to work on an equal basis with men requires that States take all appropriate measures to ensure "that in law and in practice, men and women have equal access to jobs at all levels and all occupations". States must thus take all appropriate measures to address a broad range of obstacles that care providers face in the exercise of their right to work. Given the centrality of unpaid care work to discrimination against women in the field of work, a meaningful gender-sensitive national policy or strategy to tackle these obstacles is essential. Necessary measures range from the adoption of appropriate labour regulations to the provision of quality services to support care.
- 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
- 2013
- Date added
- Aug 19, 2019
Paragraph
Unpaid care work and women's human rights 2013, para. 33
- Paragraph text
- The right to work also requires States parties to take positive measures to enable and assist unpaid caregivers to enjoy the right to work without discrimination and to implement technical and vocational education plans to facilitate access to employment. To this end, States will need to actively consider the constraints faced by unpaid caregivers in the design and implementation of plans, programmes and other measures. Moreover, States must take measures to progressively ensure access to quality and affordable public services, such as facilities for children and dependents, that enable caregivers to undertake paid work.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Children
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Unpaid care work and women's human rights 2013, para. 35
- Paragraph text
- The gendered division of unpaid care work is a major reason why women do not enjoy equal rights at work, including fair and equal wages and safe and healthy working conditions. All too often, unpaid care and lack of institutional support for this work traps women between stereotyped gender roles and economic expediency, pushing them into precarious informal employment that is badly paid and involves long hours in difficult conditions. Care responsibilities may also create a barrier to membership of, or active participation in, trade unions for women. As a result, for many women living in poverty with unpaid care responsibilities, work is not empowering but rather a survival necessity.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Poverty
- Person(s) affected
- Women
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Unpaid care work and women's human rights 2013, para. 38
- Paragraph text
- International labour standards also address equal opportunities and equal treatment for men and women workers with family responsibilities.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Families
- Men
- Women
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Unpaid care work and women's human rights 2013, para. 40
- Paragraph text
- Owing to structural discrimination, girls are sometimes taken out of school to undertake unpaid care work, such as housework and care of younger children. Even more frequently girls' equal chances to achieve in education are hampered because they have less time for studying, networking or socializing at school as a result of these duties. This is likely to occur especially when mothers are disabled or deceased, as girls are expected to assume their unpaid care obligations. For women with children, lack of support, from within the household and from the State, may mean that they have to forsake skills development, training opportunities and further education in order to undertake childcare and domestic work. Therefore, women and girls are not able to enjoy their right to education, or its positive effects such as empowerment and economic opportunity, on an equal basis with men, with great social and economic losses to the society as a whole.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Education
- Person(s) affected
- Children
- Girls
- Women
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Unpaid care work and women's human rights 2013, para. 41
- Paragraph text
- States must take all appropriate measures to ensure that women can enjoy the same access to, quality of and opportunities in education and training as men. The prohibition against discrimination in relation to the right to education applies fully and immediately to all aspects of education; therefore States must ensure that girls and women can enjoy their right to all types and levels of education on an equal basis with boys and men. This may require the adoption of concrete measures to ensure that unpaid care work in the home does not interfere with their schooling, for example, providing accessible public services and adequate infrastructure to support the unpaid care work in households and communities and reduce its time burden. According to the Committee on Economic, Social and Cultural Rights, States' obligations in regard to the right to education encompass ensuring that communities and families are not dependent on child labour and that third parties, including parents and employers, do not stop girls from going to school.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Boys
- Families
- Girls
- Women
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Unpaid care work and women's human rights 2013, para. 44
- Paragraph text
- Unpaid care work can be arduous, stressful, emotionally difficult and even dangerous - for example through exposure to communicable diseases, fumes or burns from cooking stoves or risk of attack or assault while fetching fuel or water. If left unsupported, the mental and physical health of women with heavy unpaid care responsibilities may deteriorate dangerously; for example studies show that HIV/AIDS caregivers experience a negative impact on physical and mental health. Moreover, women with heavy unpaid care workloads may not be able to access adequate healthcare for lack of time or money. This is especially so in contexts where there is no free universal basic healthcare, or where communities living in poverty are underserved by health services.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Poverty
- Person(s) affected
- Women
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Unpaid care work and women's human rights 2013, para. 46
- Paragraph text
- As part of their core obligations States must ensure the right of access to health facilities, goods, information and services - including in the area of sexual and reproductive health - on a non-discriminatory basis, especially for vulnerable or marginalized groups. They must therefore remove all barriers to access for women living in poverty with unpaid care responsibilities, and provide services that are sensitive to gender and life-cycle requirements, including the demands and constraints of unpaid care work, for example by providing childcare facilities and services within the community. States also have an obligation to ensure, as a matter of priority, access to reproductive, prenatal, postnatal and child health care.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Children
- Women
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph