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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.
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft 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
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".
- Legal status
- Non-negotiated soft 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
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.
- Legal status
- Non-negotiated soft law
- 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
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;
- Legal status
- Non-negotiated soft law
- 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
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;
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2011
Paragraph
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.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Poverty
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2011
Paragraph
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.
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft law
- 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
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;
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft 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
- Persons on the move
- Year
- 2011
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.
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft 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
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.
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft law
- 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
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).
- Legal status
- Non-negotiated soft law
- 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
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).
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Poverty
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 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.
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Year
- 2013
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.
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Poverty
- Person(s) affected
- Women
- Year
- 2013
Paragraph
Unpaid care work and women's human rights 2013, para. 82
- Paragraph text
- Improving recognition of unpaid care work also necessitates making the data collected available and accessible, and informing and sensitizing public officials and the general public about the distribution, importance and effects of such work. The data collected should be used to assess the impact of economic and social policies on the intensity and distribution of unpaid care work in the household. It should be used proactively in gender-sensitive policymaking, including budgeting. To this end, it will be necessary to train policymakers and public officials to understand the data, and enhance their capacity to analyse it and use it in policy, programming and budgeting.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Gender
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Unpaid care work and women's human rights 2013, para. 107
- Paragraph text
- Care users, caregivers and other stakeholders should be proactively supported to participate in the design, implementation and monitoring of care services and other relevant policies. States and other relevant branches of Government must build the capacity of unpaid caregivers to participate in decision-making processes, including by providing them with accessible, up-to-date information about their rights, and services and benefits available to them. Participatory mechanisms must be designed to be accessible to women living in poverty with unpaid care responsibilities, for example by providing on-site childcare at meetings.
- Legal status
- Non-negotiated soft 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
- Children
- Women
- Year
- 2013
Paragraph
Unpaid care work and women's human rights 2013, para. 109
- Paragraph text
- In order to position unpaid care work as a major human rights issue, build up evidence in this regard and alleviate women's poverty resulting from unpaid care work across their life cycle, the Special Rapporteur urges national human rights institutions to include the issue of unpaid care work in their research, policy, advocacy and programming work and to apply a human rights and gender equality perspective to this work. In addition, she encourages them to raise the issue with human rights mechanisms and bodies, including the universal periodic review, human rights treaty bodies, and the Commission on the Status of Women, including when country reports are reviewed.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Gender
- Poverty
- Person(s) affected
- Women
- Year
- 2013
Paragraph
The right to participation of people living in poverty 2013, para. 47
- Paragraph text
- Every community or demographic has its own power dynamics; therefore, even participatory mechanisms targeted at people living in poverty are vulnerable to "elite capture" by more powerful individuals within a community. Processes that do not actively reach out to new and marginalized groups will reinforce the status quo and undermine the principle of equality. Therefore, to prevent dominant groups from co-opting participatory processes, officials must be trained to detect and understand how power is exercised to control and exclude disadvantaged groups. They should diagnose and counteract power relations and ensure that their own actions do not reproduce or legitimize these power dynamics.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Person(s) affected
- All
- Year
- 2013
Paragraph
The right to participation of people living in poverty 2013, para. 29
- Paragraph text
- Education is a key human right in itself, and a means by which disadvantaged adults and children can lift themselves out of poverty and participate fully in their communities (E/C.12/1999/10, para. 1). The right to education, as reflected in the International Covenant on Economic, Social and Cultural Rights, specifically provides that education shall "enable all persons to participate effectively in a free society"; educational programmes should therefore transmit the necessary knowledge to enable full participation, on an equal footing, in local and national communities (E/C.12/GC/21, para. 27).
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Person(s) affected
- Children
- Year
- 2013
Paragraph
Unpaid care work and women's human rights 2013, para. 89
- Paragraph text
- In order to move towards women's equal enjoyment of the right to work, an unpaid care perspective on labour market policies is also crucial. Various measures should be considered to eliminate de facto sex discrimination in employment, for example financing parental leave or maternity benefits publicly, putting in place policies to help people back into work once they have taken time out of the labour force, and incentivizing carer-friendly employment practices and work arrangements, in collaboration with trade unions, industry bodies and employers. Certainly, States must proactively address the persistence of gender-based wage gaps and link job creation to an increase in the supply of care through expanded public services (see below). As the undervaluation of unpaid and paid care work go hand in hand, it is also important to improve working conditions, enjoyment of rights, and pay for care workers and domestic workers.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Person(s) affected
- Women
- Year
- 2013
Paragraph
Unpaid care work and women's human rights 2013, para. 94
- Paragraph text
- In order to achieve greater equality in sharing unpaid care work between women and men, in general and within households, the solutions must be public as well as private. It is necessary for the State to facilitate, incentivize and support men's caring, for example by ensuring that they have equal rights to employment leave as parents and carers, and providing education and training to men, women and employers. To facilitate long-term change, educational programmes, to be used in schools and communities, should be developed to challenge stereotypical, traditional male and female roles and promote the concept of shared family responsibility for unpaid care work in the home.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Person(s) affected
- Families
- Men
- Women
- Year
- 2013
Paragraph
Taxation and human rightss 2014, para. 81a
- Paragraph text
- [For the above-mentioned purpose, States should:] Actively pursue international cooperation in tax matters, working towards a multilateral regime for tax transparency that tackles tax abuse;
- Legal status
- Non-negotiated soft law
- 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
Paragraph
Taxation and human rightss 2014, para. 81g
- Paragraph text
- [For the above-mentioned purpose, States should:] Adopt a framework that commits it to full disclosure of beneficial ownership of registered companies through national public registries;
- Legal status
- Non-negotiated soft law
- 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
Paragraph
Taxation and human rightss 2014, para. 69
- Paragraph text
- Low tax demands of the financial sector and lack of regulation may therefore be indicative of a State's unwillingness (rather than inability) to use its maximum available resources. Increasing taxation of the financial sector could play a role in redressing this balance and discourage the excessive risk-taking that led to the crisis. Taxes on certain types of financial transactions have been introduced in various jurisdictions (including in India, Peru, South Korea and Sweden) as a way to raise revenue from the financial sector as well as to deter speculative trading activities that generate risks for the whole of society (in the form of crises or fluctuations in food/fuel prices). This measure could also enable States to better comply with several human rights obligations, in particular those regarding economic, social and cultural rights.
- Legal status
- Non-negotiated soft law
- 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
Paragraph
Taxation and human rightss 2014, para. 70
- Paragraph text
- Natural resources can be a vital source of revenue that the State can use to comply with its human rights obligations. The financial and social benefits of natural resource exploitation are, however, increasingly bypassing people in producing countries. In most countries, extractive industries generate few jobs directly and have only weak links to local markets. Far from bringing benefits, the exploitation of natural resources has been frequently linked to human rights abuse and encroachment on lands and livelihoods of communities, mass evictions, pollution and environmental degradation, which may result in violations of rights to health, food, housing and water. The right of people to participate in decisions regarding natural resources is often violated, especially where the land, territory and resources of indigenous peoples is concerned.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Economic Rights
- Environment
- Person(s) affected
- All
- Year
- 2014
Paragraph
The right to participation of people living in poverty 2013, para. 84
- Paragraph text
- Government agencies and policymakers must be prepared to give value to the findings of participatory processes, critically examine their own practices and attitudes, and allow the necessary resources and time to enable people living in poverty to participate effectively. Instituting meaningful participation will require the State to relinquish unilateral control over some areas of policy traditionally seen as government prerogative, for example budgets. Similarly, while successful participation is frequently dependent on some form of State engagement, States should not seek to "own" all spaces of participation, and must protect and promote the role of NGOs and civil society.
- Legal status
- Non-negotiated soft 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
- 2013
Paragraph
The World Bank and human rights 2015, para. 22
- Paragraph text
- Since the early 1990s, the Bank has made numerous public relations statements affirming the importance of human rights. It has often observed that human rights and development are interrelated, insisted that its projects contribute to the fulfilment of economic, social and cultural rights, argued that its work on governance contributes to an institutional environment in which human rights can thrive, and claimed that it consistently applies "human rights principles" such as participation, in its operations. Those claims, however, are usually made in the abstract, without detailed analysis or supporting evidence. While the Nordic Trust Fund, established within the Bank, has succeeded in facilitating a more sophisticated debate, its outputs have yet to bring changes to the actual practice of the Bank.
- Legal status
- Non-negotiated soft law
- 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
- 2015
Paragraph
The World Bank and human rights 2015, para. 10
- Paragraph text
- In October 2006, the next General Counsel, Ana Palacio, characterized her predecessor's interpretation as "allowing, but not mandating, action on the part of the Bank in relation to human rights." That is more restrictive than the actual conclusion of Mr. Dañino that there are instances in which the Bank should take human rights into account. Ms. Palacio accepted that the Bank had a role in supporting its members to fulfil their human rights obligations. Her analysis began with an affirmative reference to Mr. Shihata's approach and she added that "human rights would not be the basis for an increase in Bank conditionalities, nor should they be seen as an agenda that could present an obstacle for disbursement or increase the cost of doing business".
- Legal status
- Non-negotiated soft law
- 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
- 2015
Paragraph
The right to participation of people living in poverty 2013, para. 60
- Paragraph text
- From a human rights perspective, effective access to public information is a precondition for exercising other human rights. Exercise of the right to participation depends on transparency and access to complete, up-to-date and comprehensible information. People must have the capacity and opportunity to use the information, understand their entitlements and be able to evaluate the quality of the services, policies or programmes in question. Transparency is essential to ensure rights holders are fully aware of the aims and scope of the process, the other actors involved and their role and level of influence.
- Legal status
- Non-negotiated soft law
- 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
- 2013
Paragraph
The right to participation of people living in poverty 2013, para. 61
- Paragraph text
- Organizers should provide appropriately designed information and tools well in advance, so individuals can make informed choices at each stage of the participatory process. Information should not only be made available, but must conform to the principles of accessibility, acceptability and adaptability. This means information should be made available in a manner accessible to the poorest and most disadvantaged, taking into account the constraints they suffer, including illiteracy and language barriers. It should be free of charge, relevant, up-to-date, understandable, free of technical language or jargon, and in local languages. Outreach and dissemination should be undertaken according to the local context and through channels that reach the poorest, for example, in non-written form, radio announcements or community theatre.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2013
Paragraph
Taxation and human rightss 2014, para. 54
- Paragraph text
- In order to realize the potential of taxation to fulfil the above-described functions to the greatest possible extent, there are several actions that States should take. These measures are examined from the human rights perspective below.
- Legal status
- Non-negotiated soft law
- 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
Paragraph
Taxation and human rightss 2014, para. 58
- Paragraph text
- Tax abuse includes tax evasion, fraud and other illegal practices, including the tax losses resulting from other illicit financial flows, such as bribery, corruption and money laundering. Levels of tax evasion are extremely high in many countries; globally, approximately $3 trillion of government revenue is lost to tax evasion every year. While high-income countries are the biggest losers in absolute terms, low- and middle-income countries are particularly affected by the losses, and also face particular constraints when tackling tax abuse. In 2011, developing countries lost $946.7 billion owing to illicit financial flows (a substantial portion of which relates to tax abuse), according to OECD more than seven times official development assistance for that year, and substantially more than the estimated costs of achieving the Millennium Development Goals.
- Legal status
- Non-negotiated soft law
- 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
Paragraph
Taxation and human rightss 2014, para. 59
- Paragraph text
- Tax abuse is thus not a victimless practice; it limits resources that could be spent on reducing poverty and realizing human rights, and perpetuates vast income inequality. While the rich benefit from this practice, the poor feel the negative impact on their standard of living, their unequal political power and the inferior quality of health and education services for themselves and their children. Simulations suggest that, if all the capital flight from Africa over the period 2000-2008 had been invested in Africa, with the same productivity as actual investment, the average rate of poverty reduction would have been 4 to 6 percentage points higher per year. Meanwhile, the recent devastating austerity measures taken in some countries could have been avoided entirely if some of the annual revenue lost from tax evasion had been recovered.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Poverty
- Person(s) affected
- Children
- Year
- 2014
Paragraph
The World Bank and human rights 2015, para. 52
- Paragraph text
- Based on the preceding review, the following propositions seem to encapsulate the actual practice of the World Bank: (a) pay lip service to human rights in official settings, as long as there are no consequences; (b) acknowledge the theoretical significance of human rights in studies and analyses of issues in relation to which they are incontestably relevant; (c) ensure that, as a general rule, the Bank does not engage with any aspect of human rights in its actual operations and lending; and (d) be prepared to make exceptions when political imperatives require it, even if that involves a high degree of inconsistency.
- Legal status
- Non-negotiated soft law
- 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
- 2015
Paragraph
The World Bank and human rights 2015, para. 53
- Paragraph text
- There are many reasons why a new approach is needed. The following six seem especially compelling.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Extreme inequality and human rights 2015, para. 23
- Paragraph text
- A sizeable amount of literature sets out the relationship between deunionization and wage inequality. The authors of a World Bank study on the economic effect of adopting or enforcing the two core labour rights mentioned above reported "very robust" findings that unions compress wage inequality. In particular, they found that the wage differentials between skilled and unskilled workers were reduced when unions were present. This is consistent with another study, in relation to the United States, in which the authors concluded: When individual union membership is considered, union decline accounts for a fifth of the growth in men's earnings inequality. Adding normative and threat effects of unions on nonunion pay increases the effect of union decline on wage inequality from a fifth to a third. By this measure, the decline of the U.S. labor movement has added as much to men's wage inequality as has the relative increase in pay for college graduates. A 2013 study about Turkey shows that the fall of unionization in that country resulted in higher wage inequality during the period 1980-2008. Also relevant is the evidence that not only does deunionization affect wage inequality, but wage inequality also affects unionization.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2015
Paragraph
Extreme inequality and human rights 2015, para. 38
- Paragraph text
- The World Bank has also been active on this front. In its Annual Report 2014 it noted that "rising inequality in many countries is harmful to economic stability and the sustainability of growth, but well-designed policies can reduce inequality without hurting growth". In January 2015, the Bank's Chief Economist suggested that the "deep and pervasive inequality that exists today can only be condemned". He recalled that the annual income of the world's 50 wealthiest people was close to the total income of the poorest 1 billion, a figure that he characterized as "a collective failure". He called for the consideration of "policies and interventions to curb such extreme inequality", which he said must be done "not only out of a sense of justice, but also because, in a world afflicted with such extreme disparities, its poorest residents lose their voice, even when they have the right to vote. Extreme inequality is, ultimately, an assault on democracy."
- Legal status
- Non-negotiated soft law
- 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
- Person(s) affected
- All
- Year
- 2015
Paragraph
Taxation and human rightss 2014, para. 62
- Paragraph text
- The actions of States to facilitate and/or actively promote tax abuse and other illicit financial flows through their tax secrecy laws and policies could jeopardize their compliance with international human rights obligations, particularly with regard to international cooperation and economic, social and cultural rights. States should therefore take concerted and coordinated measures against tax evasion globally as part of their domestic and extraterritorial human rights obligations and their duty to protect people from human rights violations by third parties, including business enterprises (see paras. 1 - 35 above).
- Legal status
- Non-negotiated soft law
- 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
Paragraph
The World Bank and human rights 2015, para. 66
- Paragraph text
- That can be applied to the plight of those living in extreme poverty, who continue in most societies to be marginalized, stigmatized and the objects of condescension and charity. Recognition of their human rights does not guarantee them food, education, or health care, but it does acknowledge their dignity and agency, empower them and their advocates and provide a starting point for a meaningful debate over the allocation of societal resources in contexts in which their interests have been systematically ignored. It is indeed a technocratic illusion to assume that those dimensions can be ignored as long as bureaucratically directed projects and policies are well designed by the staff of the Bank. Similarly, it makes a huge difference if education reforms are premised on the right to education of the beneficiaries, as opposed to the good intentions or largesse of the World Bank.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Poverty
- Person(s) affected
- All
- Year
- 2015
Paragraph
Extreme inequality and human rights 2015, para. 56c
- Paragraph text
- [The challenge of putting questions of resources and redistribution back into the human rights equation has several dimensions:] Leading human rights non-governmental organizations need to overcome their deep reluctance to bring issues such as resources and the need for redistributive policies into their research and advocacy. The result of their current failure to do so is that for all of their excellent work in exposing the magnitude of a specific range of human rights violations (overwhelmingly violations of civil and political rights), the deeper structures that keep in place policies and systems that do little to address extreme poverty and do even less to address extreme inequalities are effectively left in place, and the status quo is reaffirmed.
- Legal status
- Non-negotiated soft law
- 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
- 2015
Paragraph
The UN responsibility for the cholera outbreak in Haiti 2016, para. 34
- Paragraph text
- In the view of the Special Rapporteur, and of most scholars, the legal arguments supporting the claim of non-receivability are wholly unconvincing in legal terms. First, the claims appear to have all of the characteristics of a private law tort claim. The victims accuse the United Nations of negligence for failure to adequately screen its peacekeeping forces for cholera, failure to provide for adequate sanitation facilities and waste management at Mirebalais camp, failure to undertake adequate water quality testing and a failure to take immediate corrective action after cholera was introduced. These are classic third-party claims for damages for personal injury, illness and death, and they arise directly from action or inaction by, or attributable to, MINUSTAH. This would include a failure to exercise non-negligent supervision of the actions of private contractors. The United Nations has frequently processed claims involving alleged negligence, especially, for example, in relation to traffic accidents.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Water & Sanitation
- Person(s) affected
- All
- Year
- 2016
Paragraph
The UN responsibility for the cholera outbreak in Haiti 2016, para. 36
- Paragraph text
- Third, the contention that receipt of the claims would "necessarily involve a review of political and policy matters" is self-serving and unjustified. The claims are far from being "political" in the sense defined by the Secretary-General in 1995 as those targeting actions or decisions of political organs, nor are they rambling denunciations (see A/C.5/49/65). In terms of policies, it is true that waste management and other such internal policies might need to be reviewed, but if that prospect is enough to trigger non-receivability, it would become effectively impossible ever to claim damages from the United Nations.
- Legal status
- Non-negotiated soft 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
- N.A.
- Year
- 2016
Paragraph
Extreme inequality and human rights 2015, para. 30
- Paragraph text
- Studies have demonstrated the negative effect of income inequality upon the right to education. A 2014 study published by OECD showed that "increased income disparities depress skills development among individuals with poorer parental education background, both in terms of the quantity of education attained (e.g. years of schooling), and in terms of its quality (i.e. skill proficiency)" and that "higher inequality lowers the opportunities of education (and social mobility) of disadvantaged individuals in the society, an effect that dominates the potentially positive impacts through incentives". Another study showed that the youngest children in Ecuador, irrespective of wealth quintile or education of their parents, performed broadly as well as their comparators, but that, as they got older, only those children in the top half of the wealth distribution and with highly educated parents maintained their performance relative to their comparators.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Education
- Social & Cultural Rights
- Person(s) affected
- Children
- Older persons
- Year
- 2015
Paragraph
Extreme inequality and human rights 2015, para. 31
- Paragraph text
- Economic inequalities also have an impact on the realization of the right to water. In a 2012 report, the Secretary-General cited an analysis of data from 35 countries in sub-Saharan Africa that found that access to improved sources of water varied from 94 per cent among the richest 20 per cent in urban areas to 34 per cent among the poorest 20 per cent in rural areas (see A/67/394, para. 29). In another study, it was found that the "rate of progress in access to water and sanitation is very uneven among wealth quintiles in many countries, with the poorest two quintiles frequently experiencing lack of improvement while other quintiles experience significant advances".
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Water & Sanitation
- Person(s) affected
- All
- N.A.
- Year
- 2015
Paragraph
The UN responsibility for the cholera outbreak in Haiti 2016, para. 69
- Paragraph text
- The rule of law. The Secretary-General and the Deputy Secretary-General have given strong voice to the resolutions of the General Assembly in which the Assembly underscored the central importance of respecting the rule of law. Yet, the approach of the United Nations in this case undermines the rule of law and diminishes the Organization's credibility as an advocate for its respect. By failing to take even minimal steps to hold itself accountable and compensate those affected, or even to explain the reasons for its refusal to do so, the United Nations replicates the very behaviour it seeks to modify elsewhere. The rule of law requires that the United Nations abide by its treaty obligations, including those under the status-of-forces agreement, as well as fundamental human rights such as providing an effective remedy to those harmed by the Organization. It also requires that the Organization act consistently and respond in comparable fashion to all legitimate private law claims made against it. The United Nations should be leading by setting a good example.
- Legal status
- Non-negotiated soft law
- 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
- 2016
Paragraph
Marginality of economic and social rights 2016, para. 40
- Paragraph text
- Many books have now been written extolling the virtues of involvement by the courts in enforcing economic and social rights in various countries around the world, but justiciability is by no means the whole story. Indeed, it might be argued that the focus on justiciability has become the tail that is wagging the analytical dog. Rights holders can seek accountability through many means, including: (a) sharing information with the media; (b) using community or peer pressure; (c) collecting and publishing data; (d) complaining to an authoritative body or person; and (e) evaluating and reporting. However, most of these methods assume that, at the end of the day, there will be a mechanism in place to which the claim can ultimately be brought for vindication in the absence of self-correction by the duty holder.
- Legal status
- Non-negotiated soft 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
- N.A.
- Year
- 2016
Paragraph
Marginality of economic and social rights 2016, para. 42
- Paragraph text
- Because of the relative inactivity of these other actors, studies of economic and social rights accountability have focused overwhelmingly on the courts and on the extent to which the increasing constitutional recognition noted above has enabled them to play an active role in upholding economic and social rights. It is open to question whether this emphasis accurately reflects the main trends in economic and social rights accountability or whether it is due more to the lawyers' preference for studying courts. It might also be linked to the determination of economic and social rights proponents in the era of post-Cold War constitutional revitalization to respond to the often heard, but highly reductionist, proposition that "if one is to talk meaningfully of rights, one has to discuss what can be enforced through the judicial process". In response, economic and social rights proponents have sought legitimacy by seeking to demonstrate that economic and social rights resemble civil and political rights, at least in this key respect.
- Legal status
- Non-negotiated soft law
- 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
- All
- N.A.
- Year
- 2016
Paragraph
Marginality of economic and social rights 2016, para. 24
- Paragraph text
- Much of the literature on economic and social rights has focused on the extent to which these rights have actually been recognized not in legislation, but through constitutional entrenchment, which is consistently assumed to be a far more significant step. While that is important, it has not been considered by the Committee to be an indispensable element, especially because of the great variety of State constitutional traditions and approaches. In any event, constitutional recognition will generally need to be supplemented by legislation. The question that then arises is, under what circumstances would legislation not be required? In part the answer will depend on the legal system in question, so that a State that makes extensive use of decrees or regulations or some other form of instrument that is not considered to be legislative in nature might be able to demonstrate that it meets the legal recognition requirement in an appropriately formal and legally meaningful way, even in the absence of legislation. But such cases are likely to be relatively rare.
- Legal status
- Non-negotiated soft law
- 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
- 2016
Paragraph
Marginality of economic and social rights 2016, para. 25
- Paragraph text
- In the light of what appears to be the relatively common State practice of not giving explicit legislative recognition to individual economic and social rights, the most important question is whether legislation, or an equivalent form of legal instrument, can be dispensed with altogether by a State that claims to be fulfilling its obligations through other means. In practice, the argument will usually be that legislation has been adopted in relation to the issue or sector in question, and it is unnecessary for any reference to be made in that legislation to the relevant human right. In other words, to take the example of the right to food, the argument would be that it is sufficient that there is legislation in place that addresses food safety or food security, even though it reflects no explicit rights dimension. Or, in the case of the right to education, laws dealing with the establishment of educational institutions are considered sufficient, even if there is no acknowledgement that education is a human right.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2016
Paragraph
Marginality of economic and social rights 2016, para. 26
- Paragraph text
- In support of the view that specific recognition is not required, it might be argued that if a treaty envisages such recognition, it would say so explicitly. Thus treaties dealing with torture, genocide, war crimes or crimes against humanity call not just for legislative recognition of the norm, but also for explicit criminalization of particular conduct. The Convention on the Elimination of All Forms of Discrimination against Women unequivocally requires States parties "to embody the principle of the equality of men and women in their national constitutions or other appropriate legislation" (art. 2 (a)). It further obliges them "to ensure, through law and other appropriate means, the practical realization of this principle."
- Legal status
- Non-negotiated soft law
- 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
- Men
- Women
- Year
- 2016
Paragraph
The UN responsibility for the cholera outbreak in Haiti 2016, para. 51
- Paragraph text
- Given the extent to which there is agreement on this legal framework, the puzzle is why the current position of the United Nations remains so very distant from the outcome that these principles seem to require. In essence, there are two reasons. The first is the determination to abide by the unpublished legal opinion that declares the claim not to be of a private character. For the reasons explained above, this opinion should be reconsidered and revised. The second reason is the failure to openly acknowledge and clearly address a range of background considerations which have fuelled fears that have apparently deterred the various actors from seeking to resolve the problem in a principled manner. The report turns now to examining those matters.
- Legal status
- Non-negotiated soft 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
- N.A.
- Year
- 2016
Paragraph
The UN responsibility for the cholera outbreak in Haiti 2016, para. 53
- Paragraph text
- The immunity of the United Nations from suit in national courts is seen by most observers as an indispensable means of protecting it from political attacks and avoiding putting it at the mercy of unpredictable and perhaps ill-intentioned or hostile national courts. But absolute immunity without the provision of alternative remedies is equally unsustainable, which is why the 1946 Convention provides for both immunity and remedies. In 2005, a review of peacekeeping recommended the waiver of immunity in relation to criminal acts "where continued immunity would impede the course of justice and where immunity can be waived without prejudice to the interests of the United Nations" (A/59/710, para. 86). A similar principle should apply in the present context.
- Legal status
- Non-negotiated soft law
- 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
- 2016
Paragraph
Marginality of economic and social rights 2016, para. 63
- Paragraph text
- A conception of human rights that implicitly accepts a radical hierarchical distinction between the two sets of rights - civil and political rights, and economic, social and cultural rights - is one that is fundamentally incompatible with international human rights law. Just as importantly, it offers no solution to the increasingly urgent challenges posed by radical and growing inequality and widespread material deprivation in a world of plenty. The economic and social rights agenda is thus too important, and its neglect has too many powerfully negative implications for the overall human rights enterprise, for it to be marginalized by mainstream actors and left to a handful of specialist groups to struggle to give it the place that law and justice demand.
- Legal status
- Non-negotiated soft law
- 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
- 2016
Paragraph
The implementation of the right to social protection through the adoption of social protection floors 2014, para. 22
- Paragraph text
- Even within the same country, competing conceptions of social protection might coexist. In Mexico, for example, scholars have suggested that while approach of the federal Government emphasizes targeting and good behaviour by the beneficiaries in order for conditional cash transfers to occur, the policies adopted in the federal district of Mexico City attach greater importance to inclusiveness, democratic content and social citizenship.
- Legal status
- Non-negotiated soft 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
Paragraph
The implementation of the right to social protection through the adoption of social protection floors 2014, para. 35
- Paragraph text
- The second important point of linkage is that social protection as a human right is thus an integral part of the overall package of human rights that includes civil and political rights, the effective exercise of which is also going to be crucial to achieving the right to social protection.
- Legal status
- Non-negotiated soft 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
- All
- Year
- 2014
Paragraph
The implementation of the right to social protection through the adoption of social protection floors 2014, para. 49
- Paragraph text
- Finally, the draft omits earlier proposals to establish regular monitoring and reporting arrangements to assess the progress on meeting the sustainable development goals. Target 16.6, which calls for the development of "effective, accountable and transparent institutions at all levels" is a poor substitute for tangible accountability commitments.
- Legal status
- Non-negotiated soft law
- 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
- 2014
Paragraph
The implementation of the right to social protection through the adoption of social protection floors 2014, para. 55
- Paragraph text
- The leading human rights groups should thus engage actively with the Coalition for a Social Protection Floor, as well as taking their own targeted initiatives.
- Legal status
- Non-negotiated soft law
- 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
- N.A.
- Year
- 2014
Paragraph
The implementation of the right to social protection through the adoption of social protection floors 2014, para. 56
- Paragraph text
- Advocacy at the national level is also essential. If a lowest common denominator approach continues to prevail at the international level, civil society actors and others need to concentrate their efforts more at the national level. That means advocacy in relation both to national social protection policies and to national policy vis-à-vis the international agenda in the field.
- Legal status
- Non-negotiated soft law
- 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
Paragraph
The right to participation of people living in poverty 2013, para. 39
- Paragraph text
- To fully respect dignity and autonomy, participatory processes must be meaningful for those living in poverty and they should be able to exert influence over the final outcome. They should be included in all stages of the relevant decision-making processes so that they have the chance to set priorities or question the agenda in fundamental ways.
- Legal status
- Non-negotiated soft law
- 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
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2013
Paragraph
The World Bank and human rights 2015, para. 37
- Paragraph text
- The goals and policies of the Bank have changed radically since 1944. The Articles of Agreement contain no mention of either of its current proclaimed "twin goals" of ending extreme poverty and promoting shared prosperity. The General Counsels have played a key role in the necessarily dynamic interpretation of the Articles required to reflect and justify that evolution.
- Legal status
- Non-negotiated soft law
- 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
- 2015
Paragraph
The World Bank and human rights 2015, para. 70
- Paragraph text
- No outsider can prescribe an ideal recipe for the Bank to follow in adopting a human rights policy. There are many options and paths that could reasonably be taken. The Bank is a very special organization and it will need a carefully tailored policy that takes adequate account of the many concerns that will undoubtedly be expressed. Most of all, there needs to be a transparent discussion, based on carefully thought-through proposals.
- Legal status
- Non-negotiated soft 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
- 2015
Paragraph
Taxation and human rightss 2014, para. 20
- Paragraph text
- The rights to participation, accountability, transparency and access to information are critical human rights principles that also apply to fiscal policies and must be implemented throughout the policy cycle, from design of budgets and tax codes, allocation of expenditure, through to monitoring and evaluation of impact.
- Legal status
- Non-negotiated soft law
- 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
Paragraph
Taxation and human rightss 2014, para. 50
- Paragraph text
- Each national and economic context is different; the optimum form and scale of redistribution is therefore different for each country. States do have, however, an obligation to address proactively inequality in the enjoyment of rights. Redistribution through tax systems is clearly a powerful tool for them to do so.
- Legal status
- Non-negotiated soft law
- 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
Paragraph
Penalization of people living in poverty 2011, para. 28
- Paragraph text
- This section outlines some examples of the consequences of penalization measures for the enjoyment of a number of human rights, in order to demonstrate how such measures have numerous complex and interlinked ramifications for persons living in poverty.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Poverty
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Extreme poverty and human rights on universal basic income 2017, para. 31c
- Paragraph text
- [While the present report has thus far addressed a more or less generic approach to basic income, the reality is that there are a great many variations on the theme and that trying to distinguish them from one another, and then from other social protection schemes, is a major challenge. Following the analysis of David Piachaud, it is helpful to divide the various proposals into four different types:] A supplemental basic income involves the introduction of a modest basic income alongside the existing social security system. Some commentators do not distinguish between partial and supplemental income. A Finnish pilot project, for example, describes partial income as involving a level of benefit that is “substantially lower” and not aiming to replace other current transfers “to the same extent as in full basic income”. Partial and supplemental basic income approaches can also overlap. The Finnish pilot provides €560 over a two-year period (2017-2018) to some 1,500 randomly selected individuals who are aged between 25 and 58 years and are already receiving a labour market subsidy or basic unemployment allowance. The payment is automatic, unconditional and not means-tested. Consistent with Van Parijs’s approach, the basic income payment substitutes only for existing benefits that are lower than it. It can therefore be cumulated with existing earnings-related benefits and housing allowances. Thus, the Finnish model is partial in the sense that it has been targeted at a specific recipient group on the basis of age and income, and it is supplemental in the sense that it does not completely replace the existing social security system. The preliminary report concluded that the deficiencies of the partial basic income are that it would not substantially change the current system or reduce bureaucracy, it would not solve incentive problems arising from a generous housing allowance, and it is a low amount, especially for single parents.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Extreme poverty and human rights on universal basic income 2017, para. 31d
- Paragraph text
- [While the present report has thus far addressed a more or less generic approach to basic income, the reality is that there are a great many variations on the theme and that trying to distinguish them from one another, and then from other social protection schemes, is a major challenge. Following the analysis of David Piachaud, it is helpful to divide the various proposals into four different types:] A full basic income involves the characteristics set out above in part II, section A — namely an income that is basic, individual, cash, regular, universal and unconditional. Nowhere in the world has such a scheme yet been implemented. One was considered in Finland, at a level of €1,000 per month, but concern was expressed about “possible work disincentives, conflicts with earnings-related unemployment security, political controversies, high costs, regional differences in housing costs and possibly the lack of legitimacy”, with the level “too high for some groups and too low for the others”.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Extreme poverty and human rights on universal basic income 2017, para. 22
- Paragraph text
- While Van Parijs and Vanderborght write in the liberal-egalitarian tradition, basic income also has strong support from libertarians. Matt Zwolinski argues that in order to justify the system of property rights, it is necessary, as John Locke wrote, to leave “enough, and as good, in common for others”. Thus, a State-financed social safety net might be necessary. For that purpose, a basic income scheme would be preferable to the welfare state because the latter incentivizes wasteful competition among interest groups and is costly and invasive. He avoids addressing questions of the design and implementation of a basic income system but is supportive of the approach developed by another libertarian, Charles Murray.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Extreme poverty and human rights on universal basic income 2017, para. 34
- Paragraph text
- All developed societies have welfare states in one or other of the three principal forms. First, welfare for the poor in the form of non-contributory means-tested programmes. Second, social insurance, social rights and social services, which include a wide array of institutions from contributory pension and unemployment schemes to public education and health insurance. Third, and the least familiar, is the role of the government in the economy, through regulatory, fiscal, monetary and labour-market policies and “in shaping markets, promoting growth, providing employment, and ensuring the welfare of firms and families”. While some see these three conceptions as competing, David Garland argues that none “of these three sectors can exist in that form without the others as structural supports”.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Poverty
- Person(s) affected
- Families
- Year
- 2017
Paragraph
Extreme poverty and human rights on universal basic income 2017, para. 7
- Paragraph text
- There is a strong risk that when confronted with the challenge of addressing economic insecurity the human rights system will proceed in zombie mode. It will keep marching straight ahead on the path mapped out long ago, even as the lifeblood drains out of the enterprise. Its supervisory and monitoring organs will address themselves ever more insistently to State actors that have made themselves marginal, and they will continue to demand respect for standards that have long since been overtaken by the grim realities of global supply chains. For the most part, the human rights machinery is cumbersome, lacking in agility, and poorly placed to develop new thinking in such contexts. But it will need to do so if it is to remain relevant.
- Legal status
- Non-negotiated soft law
- 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
- 2017
Paragraph
Extreme poverty and human rights on universal basic income 2017, para. 31a
- Paragraph text
- [While the present report has thus far addressed a more or less generic approach to basic income, the reality is that there are a great many variations on the theme and that trying to distinguish them from one another, and then from other social protection schemes, is a major challenge. Following the analysis of David Piachaud, it is helpful to divide the various proposals into four different types:] A bonus basic income is akin to a royalty scheme in which resource-based dividends are distributed directly to citizens annually. Funding comes directly from an external source, such as mineral royalties. Thus, the Alaska Permanent Fund annually distributes dividends from investment earning on mineral royalties to people who have lived in Alaska for at least a year and intend to remain there indefinitely. Some commentators consider this to be a poor example of basic income, because it is predistributive as opposed to redistributive, and involves a small sum and a fluctuating level of payment.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
The implementation of the right to social protection through the adoption of social protection floors 2014, para. 17
- Paragraph text
- Although social protection policies in Latin America still vary considerably, a recent study has identified several common policy characteristics within the region. They include: recognition of the importance of reducing inequalities and realizing social, economic and cultural rights; recognition of the role of the State in correcting market asymmetries; the need to increase and maintain social investment in response to economic crises; the adoption of comprehensive poverty reduction policies; and taking account of disparities based on gender, age and ethnicity.
- Legal status
- Non-negotiated soft law
- 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
- 2014
Paragraph
Social protection and old age poverty 2010, para. 16
- Paragraph text
- As people grow older, they tend to be progressively excluded from the formal and informal work markets by employers who prioritize a younger workforce. At the same time, they are often not protected by social security systems (addressed below). Without access to work or income, the poorest tend to depend on others for their survival or have to seek less secure sources of income (often begging or undertaking menial work). Research indicates that the older persons who manage to enter and remain in the workforce occupy less attractive jobs, with lower pay than people of prime age.
- Legal status
- Non-negotiated soft law
- 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
- Older persons
- Year
- 2010
Paragraph
Social protection and old age poverty 2010, para. 29
- Paragraph text
- Traditionally, States have privileged the establishment of contributory pension systems with the objective of achieving universal coverage once the formal sector expanded. Today, with a vast number of workers in the informal sector, this approach must be re-examined. Contributory systems have left the majority of the population unprotected when they reach old age. Estimates indicate that less than 20 per cent of older persons are covered by pensions today and only about 25 per cent of the labour force is currently contributing or accruing pension rights.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Social & Cultural Rights
- Person(s) affected
- Older persons
- Year
- 2010
Paragraph
Social protection and old age poverty 2010, para. 34
- Paragraph text
- The benefit of social pensions may also reach beyond their direct beneficiaries and assist family members of the older person and any children in their care. In AIDS-affected countries, for example, where older persons are the primary caregivers of children orphaned by AIDS, social pensions may impact positively on child well-being. A study in South Africa found that children living with pensioners are, on average, 5 centimetres taller and that such a pension being given led to an 8 per cent increase in school attendance among those in the poorest percentile of the population.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Poverty
- Person(s) affected
- Children
- Older persons
- Year
- 2010
Paragraph
The importance of social protection measures in achieving Millennium Development Goals (MDGs) 2010, para. 33
- Paragraph text
- Research indicates a possible relationship between social protection and declines in child mortality (Goal 4). For example, by eliminating financial disincentives, cash transfer programmes directed at families with small children have demonstrably increased the number of regular medical check-ups for such children, thus reducing the risk of child mortality. Such programmes have also been effective in increasing the child immunization rates, reducing the incidence of illness and, in extreme cases, premature death. Similarly, food transfers have demonstrably reduced malnutrition among children.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Health
- Person(s) affected
- Children
- Families
- Year
- 2010
Paragraph
Social protection and old age poverty 2010, para. 37
- Paragraph text
- Human rights treaties apply to all members of society and as such older persons are clearly entitled to the full range of rights established by them. The Universal Declaration of Human Rights mentions the particular vulnerability of older persons in article 25, which stipulates that "everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including … medical care and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control".
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Families
- Older persons
- Year
- 2010
Paragraph
Social protection and old age poverty 2010, para. 56
- Paragraph text
- In order for legal and institutional frameworks to comply with core human rights principles, they should spell out eligibility requirements, provide for mechanisms to ensure transparency and access to information about programmes, define the various roles and responsibilities of all those involved in implementing the programme (e.g. Governments at the national and local levels, international organizations and civil society organizations), and establish accessible complaints mechanisms. Finally, they should set the ground for participation channels for beneficiaries.
- Legal status
- Non-negotiated soft law
- 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
- N.A.
- Year
- 2010
Paragraph
Penalization of people living in poverty 2011, para. 47
- Paragraph text
- When they are moved away from urban centres, persons living in poverty become geographically remote from jobs, markets, education and health centres. This is turn restricts their access to city centres, public services and economic resources, and increases their opportunity and transportation costs, creating further barriers to gaining employment. Being distant from city centres also implies exclusion from the facilities and cultural life of urban areas, which further contributes to the feeling of isolation and exclusion that persons living in poverty experience.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Poverty
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2011
Paragraph
The importance of social protection measures in achieving Millennium Development Goals (MDGs) 2010, para. 93
- Paragraph text
- Gaining access to judicial and administrative remedies can be costly and time-consuming, and may not adequately address systemic deficiencies within a particular programme. Therefore, accountability mechanisms must be accompanied by measures to ensure access for those living in poverty, such as the provision of legal aid. In addition, States must allow for broader political accountability. This entails guaranteeing civil and political rights such as freedom of assembly and expression, and ensuring space for civil society activism and petitioning of the Government.
- Legal status
- Non-negotiated soft law
- 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
- 2010
Paragraph
Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 96
- Paragraph text
- The Independent Expert urges G20 countries to give serious thought to the proposal by France to introduce a financial transaction tax, and welcomes the recent decision to commission an inquiry into the feasibility of implementing such a tax. A global consensus on a financial transaction tax would represent an historic decision to prioritize the most disadvantaged and marginalized and be a valuable means of assisting developing countries to meet obligations to ensure the full realization of all economic, social and cultural rights.
- Legal status
- Non-negotiated soft law
- 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
- 2011
Paragraph
Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 33
- Paragraph text
- The above-mentioned groups have suffered and continue to suffer the cumulative effects of previous crises and are in an increasingly weak and vulnerable situation. They have exhausted their coping mechanisms, such as eating fewer meals, cutting health expenditures, taking their children out of school and increasing working hours in the informal sector, and are left with very limited capacity for resilience. Their situation is further compounded by the current spike in food prices, which is forcing those living in poverty to buy even less expensive and less nutritious food.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Poverty
- Person(s) affected
- All
- Children
- Year
- 2011
Paragraph
Access to justice for people living in poverty 2012, para. 28
- Paragraph text
- Laws tend to reflect and reinforce the privileges and interests of the powerful. Thus, many laws are inherently biased against persons living in poverty, do not recognize or prioritize the abuses they regularly suffer, or have a disproportionately harsh impact on them. A legal system based on prejudices against the poor does not protect them, but rather undermines their rights and autonomy, or seeks to control, criminalize and segregate them. Legislators often do not recognize and estimate the issues that negatively affect persons living in poverty as serious and in need of active remedy.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Poverty
- Person(s) affected
- All
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 39
- Paragraph text
- The geographical remoteness of justice mechanisms for persons living in poverty can also exacerbate their situation and lead to violation of other human rights. Those without easy and immediate access to law enforcement officials are unable to seek immediate redress or protection from violence, abuse and exploitation, and will have greater difficulty in contesting land issues and forced evictions. The police may be less likely to pursue complaints if they have to travel long distances to do so, particularly where resources are scarce.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Poverty
- Violence
- Person(s) affected
- All
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 41
- Paragraph text
- Shortfalls in financial and human resource allocations to courts, the police and prosecution corps, and insufficient training and capacity-building for judicial and law enforcement officers translate into failures in the judicial system which infringe upon access to justice. Such failures, including delays (see paras. 68-69 below), flawed or insufficient evidence-gathering, lack of enforcement, and abuse, undermine the effective functioning of judicial and adjudicatory mechanisms and have a disproportionate impact on and undermine the human rights of persons living in poverty.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Poverty
- Person(s) affected
- All
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 42
- Paragraph text
- When judicial systems receive inadequate financial and human resource allocations from State budgets, police stations, prosecution corps and courthouses are understaffed and poorly equipped, and benches are deprived of adequate numbers of judges. The result is serious neglect and even mistreatment of those seeking justice, which is more pronounced for the most disadvantaged, whose cases are usually underprioritized. Again, this frequently has an especially harsh impact on women, as often the criminal justice and legal system lacks capacity to ensure a swift, fair and gender-sensitive approach.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2012
Paragraph
The right to participation of people living in poverty 2013, para. 16
- Paragraph text
- Through meaningful and effective participation, people can exercise their agency, autonomy and self-determination. Participation also limits the capacity of elites to impose their will on individuals and groups who may not have the means to defend their interests. Conceived as a right, participation is a means of challenging forms of domination that restrict people's agency and self-determination. It gives people living in poverty power over decisions that affect their lives, transforming power structures in society and creating a greater and more widely shared enjoyment of human rights.
- Legal status
- Non-negotiated soft law
- 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
- 2013
Paragraph
Access to justice for people living in poverty 2012, para. 51
- Paragraph text
- In addition to the costs of legal assistance (see paras. 60-67 below), there are numerous other costs associated with accessing justice which constitute a major barrier for the poor, who simply cannot afford those expenditures. Fees are encountered at every stage of the legal process, along with several indirect costs, such as for obtaining a legal document, witness costs, commissioning independent expertise, photocopies and phone calls. The cumulative impact of those costs is a crucial factor preventing the poor from accessing and benefiting from the justice system.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Poverty
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 83
- Paragraph text
- In many jurisdictions, the effect of judgements is limited to those who litigate or bring a claim, even in cases that have a much wider significance. This means that only those individuals with the capacity or tenacity to overcome all the barriers to accessing justice will benefit from important judgements. Often, however, those living in poverty are affected by widespread practices or broad Government measures that generate situations where the rights of many individuals are at stake and which would be better addressed by collective remedies.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Poverty
- Person(s) affected
- All
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 88
- Paragraph text
- Customary and traditional justice systems can also threaten women's access to fair and equal justice. Informal justice systems based on custom, tradition or ethnic or religious identity often contain unequal provisions for women and men, do not have sanctions against gender-based violence or other abuses which take place in the domestic sphere, and are sometimes procedurally biased against women. This is especially problematic as it is family laws and property laws that are most often subject to the jurisdiction of such legal systems.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Men
- Women
- Year
- 2012
Paragraph
The UN responsibility for the cholera outbreak in Haiti 2016, para. 76
- Paragraph text
- On balance, the new approach is clearly a breakthrough, but difficult questions remain to be answered. They include: (a) Why is it not possible to go beyond the acknowledgement of "moral responsibility" and actually accept the legal responsibility that patently applies in light of the facts as now understood? (b) Why, without some new element in the picture, and in the absence of any apology or the recognition of legal responsibility, would Member States, which over recent years have been prepared to fund only 18 per cent of existing appeals, now decide to contribute more generously?
- Legal status
- Non-negotiated soft law
- 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
- 2016
Paragraph
Marginality of economic and social rights 2016, para. 46
- Paragraph text
- Third, the literature does not pay much attention to the existence of implementing legislation designed to promote realization of a specific right as a human right, whether or not there is constitutional recognition. In countries like South Africa, there is very extensive legislation (such as the Water Services Act, 1997) designed to promote or implement economic and social rights and this often plays a key role in constitutional litigation. But in most other countries, such legislation seems to be rare, certainly outside of the education and health sectors.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Extreme inequality and human rights 2015, para. 45e
- Paragraph text
- [Subsequent to Mr. Eide's report, the Sub-Commission decided to appoint a Special Rapporteur on the relationship between the enjoyment of human rights, in particular economic, social and cultural rights, and income distribution. José Bengoa was appointed as Special Rapporteur and produced several reports between 1995 and 1998. He reached the following general conclusions (see E/CN.4/Sub.2/1998/8, paras. 4-9):] Income distribution should become an economic and social indicator used by international financial institutions and other international organizations.
- Legal status
- Non-negotiated soft law
- 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
- 2015
Paragraph
Taxation and human rightss 2014, para. 74
- Paragraph text
- In order to take effective and decisive action in these matters, concerted international cooperation is necessary. Without absolving any State of its obligation to raise the maximum available resources domestically to ensure the progressive realization of economic, social and cultural rights, there are limits to national-level actions in the absence of global reforms. Many States are undoubtedly hamstrung in their efforts to enact progressive taxation and combat illicit financial flows that could fight inequality and enhance the realization of economic, social and cultural rights.
- Legal status
- Non-negotiated soft law
- 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
Paragraph
Taxation and human rightss 2014, para. 79d
- 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:] Carefully consider the income tax threshold to ensure that persons below or near the poverty line are not driven deeper into poverty by tax policies;
- Legal status
- Non-negotiated soft law
- 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
Paragraph
Extreme poverty and human rights on universal basic income 2017, para. 8d
- Paragraph text
- [The present report is premised on the view that the human rights movement needs to address and respond to the fundamental changes that are taking place in economic and social structures at the national and global levels. These include, among others:] The rapid and seemingly unstoppable growth in inequality across the globe, captured by Oxfam’s statistic that the richest 1 per cent of humanity already controls as much wealth as the remaining 99 per cent, and by the detailed national-level economic analyses of Thomas Piketty and others;
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Access to justice for people living in poverty 2012, para. 96
- Paragraph text
- [States should:] Expand the geographical reach of the justice system (police, prosecutors, courts, legal aid, etc.) in particular in rural and remote areas, by: Considering innovative measures such as mobile courts, one-stop justice shops, street clinics and homeless courts to increase practical access to justice for persons living in poverty, particularly the homeless and those living in rural communities
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Poverty
- Person(s) affected
- All
- Year
- 2012
Paragraph
Extreme poverty and human rights on universal basic income 2017, para. 66a
- Paragraph text
- [One of the biggest challenges in relation to basic income is to move beyond its chameleon-like character. There are many versions of it, and each is supported by a diverse array of actors, precisely because they see different attractions in the concept. To assess the utility and acceptability of basic income from a human rights perspective, it is helpful to identify the main categories of motivation.] Discouraging laziness and incentivizing work;
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Extreme poverty and human rights on universal basic income 2017, para. 72
- Paragraph text
- Fourth, the implications for gender equality from growing economic insecurity are almost unremittingly negative. It remains true that “the average woman’s career remains shorter, more disrupted and less remunerative than the average man’s”, and the consequences flow through into social security and related arrangements. Proponents of women’s human rights need to become more involved in debates over social protection and basic income.
- Legal status
- Non-negotiated soft law
- 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
- 2017
Paragraph
Access to justice for people living in poverty 2012, para. 54
- Paragraph text
- The existence of administrative and other fees disproportionately disadvantages women, who often have less financial independence or access to financial resources. Women's access to the judicial system to determine civil claims with respect to divorce, child custody and land inheritance is impeded when excessive fees are imposed. Women living in poverty may also be prevented from filing criminal charges for domestic violence, rape or other forms of gender-based violence because they are unable to afford the fees incurred.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Gender
- Poverty
- Violence
- Person(s) affected
- Women
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 57
- Paragraph text
- In many countries, partly owing to overstretched and underfunded judicial systems, corruption is rife throughout police forces and prosecution corps, and among judicial officials. Illicit payments and favours enable those with financial and social capital to access the justice system with greater efficiency and effectiveness, and even to secure a certain outcome. In contrast, persons living in poverty, who cannot afford to pay bribes for services that should be free, have their claims and cases delayed, denied or discontinued.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Poverty
- Person(s) affected
- All
- Year
- 2012
Paragraph
Penalization of people living in poverty 2011, para. 8
- Paragraph text
- As a consequence of the discrimination and stigma that they suffer, persons living in poverty often develop fear of and even hostility towards public authorities, and have little confidence in the institutions that should assist them. Too often, they are treated with disrespect or condescension by policymakers, civil servants, social workers, law enforcement officials, teachers and health-care providers, who may fail to recognize and support the efforts that persons living in poverty are making to improve their lives.
- Legal status
- Non-negotiated soft law
- 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
Paragraph
Penalization of people living in poverty 2011, para. 18
- Paragraph text
- Discrimination is prohibited on a number of enumerated grounds, including economic and social status as implied in the phrase "other status", which is included as a ground of discrimination in the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights. Penalization measures target individuals because their income, appearance, speech, address or needs identify them as poor. Thus, such measures clearly constitute discrimination on the basis of economic and social status.
- Legal status
- Non-negotiated soft law
- 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
Paragraph
Access to justice for people living in poverty 2012, para. 25
- Paragraph text
- Persons living in poverty are often deprived from a young age of the opportunity to acquire the tools, social capital and basic legal knowledge necessary to engage with the justice system. They are unaware of the existence and contents of their legal rights and entitlements, of the State's obligations and duties towards them, and of how to secure the assistance they need. This is especially the case for those who experience discrimination in accessing education on grounds such as ethnicity, gender or disability.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Year
- 2012
Paragraph
The World Bank and human rights 2015, para. 32
- Paragraph text
- One context in which the relevance of human rights might have been expected to be acknowledged is the environmental and social "safeguard" policies of the Bank. However, the current safeguards contain no explicit human rights policy and the sole reference to human rights occurs in operational policy 4.10 on indigenous peoples. Human rights have sometimes had an indirect influence on the interpretation of the safeguard policies by the World Bank Inspection Panel, but the practice in that regard has been inconsistent and piecemeal.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2015
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;
- Legal status
- Non-negotiated soft law
- 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
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;
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft law
- 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
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;
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft 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
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.
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft 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
- 2010
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.
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Social & Cultural Rights
- Year
- 2010
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.
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft law
- 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
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).
- Legal status
- Non-negotiated soft law
- 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
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".
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft 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
- Older persons
- Year
- 2010
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.
- Legal status
- Non-negotiated soft 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
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.
- Legal status
- Non-negotiated soft 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
- Older persons
- Year
- 2010
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.
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Poverty
- Violence
- Person(s) affected
- Children
- Year
- 2011
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.
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Poverty
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2011
Paragraph
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.
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft 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
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.
- Legal status
- Non-negotiated soft 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
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.
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Poverty
- Person(s) affected
- All
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 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.
- Legal status
- Non-negotiated soft 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
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.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Poverty
- Person(s) affected
- All
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 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.
- Legal status
- Non-negotiated soft 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
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
- Legal status
- Non-negotiated soft law
- 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
Paragraph
Unpaid care work and women's human rights 2013, para. 65
- Paragraph text
- Many States with high rates of HIV/AIDS rely on home-based care undertaken by family or community members, essentially shifting the responsibility for care from public institutions to women living in poverty. The long-term social and economic costs of this strategy have been greatly underestimated. Women may have to give up or lose their jobs involuntarily and are likely to find it difficult to return to work, while women who are self-employed may lose earning opportunities. Eighty per cent of family caregivers in South Africa have reported reduced income levels. States' failure to provide meaningful support or alternatives to home-based care impedes greater gender equality, intensifies the poverty and insecurity of whole households, and also threatens the rights, health and well-being of those requiring care.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Health
- Poverty
- Person(s) affected
- Families
- Women
- Year
- 2013
Paragraph
Unpaid care work and women's human rights 2013, para. 29
- Paragraph text
- 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.
- Legal status
- Non-negotiated soft law
- 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
Paragraph
Unpaid care work and women's human rights 2013, para. 72
- Paragraph text
- Both developed and developing countries have voluntarily assumed international human rights obligations regarding women's human rights and gender equality that require them to take immediate actions to address unpaid care work. Addressing unpaid care is not an option that States can choose to act upon only after achieving a certain level of development. Still, given the wide diversity of country contexts, States must consider which specific policy options are most relevant given the challenges they face in achieving gender equality. For example, measures related to physical infrastructure and timesaving domestic technologies may be more of an imperative in low-income countries.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Gender
- Person(s) affected
- Women
- Year
- 2013
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.
- Legal status
- Non-negotiated soft law
- 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
Paragraph
The right to participation of people living in poverty 2013, para. 55
- Paragraph text
- For instance, in terms of accessibility, organizers must ensure that the meeting locations are neither exclusionary nor prove to be a further obstacle to participation for people living in poverty. Community-based processes will reduce costs and travel time for participants, increasing the likelihood of their involvement. Participatory processes must also extend to remote rural communities. Organizers must provide adequate notice, via an appropriate mode of communication; this will vary depending on the community, taking into consideration the principles of acceptability and adaptability. Traditional and personal methods of communication should be considered and may be more likely to reach people living in poverty than official bulletins or announcements on websites.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Person(s) affected
- All
- Year
- 2013
Paragraph
The right to participation of people living in poverty 2013, para. 56
- Paragraph text
- Similarly, organizers should consult with individuals to identify a time for meetings that does not detrimentally impact wage-earning possibilities or care responsibilities - for example, after regular work hours and during seasons when migrant labourers are at home and available. Organizers and facilitators must be trained to have sufficient understanding of the social, cultural and political context; build trust and respect, be non-judgemental; and motivate and support participants. Similarly, it may be necessary to conduct capacity-building activities with participants in advance of the main process.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons on the move
- Year
- 2013
Paragraph
The right to participation of people living in poverty 2013, para. 57
- Paragraph text
- In order to ensure that people living in poverty can participate on an equal basis, participants should be reimbursed for all costs related to attendance at meetings, including upfront, hidden and opportunity costs. At a minimum, participants must be reimbursed for transportation costs, and, if appropriate, their time, and on-site childcare should be provided. Organizers must provide a secure, safe atmosphere. Participation procedures must allow for the full expression of the views of people living in poverty, in a timely manner and based on their full understanding of the issues involved, so that they may be able to affect the outcome.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Person(s) affected
- Children
- Year
- 2013
Paragraph
The right to participation of people living in poverty 2013, para. 13
- Paragraph text
- The right of people living in poverty to participate fully in society and in decision-making is blocked by multiple compounding obstacles - economic, social, structural, legal and systemic. All of these relate to their lack of financial, social and political power. Discrimination and stigma, disempowerment, lack of income, mistrust and fear of authorities all limit the possibilities and incentives for people living in poverty to participate. Due to their lack of status and power, people living in poverty are also particularly vulnerable to corruption, clientelism or co-option. At the most extreme level, poor or marginalized individuals may face reprisal (emanating from State or non-State actors such as corrupt community leaders of business enterprises) if they speak out in participatory spaces, in the form of violence or threats to them, their families, property or livelihoods. Often, the economic dependency of people living in poverty on more powerful individuals or groups may also prevent them from participating or speaking out, even in the absence of concrete threats, for fear of losing their livelihoods. This is a problem particularly in very hierarchical or caste-based societies.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Person(s) affected
- All
- Year
- 2013
Paragraph
The right to participation of people living in poverty 2013, para. 74
- Paragraph text
- A foundation of an educated and informed public who knows their rights is crucial to build effective participation. In particular, people living in poverty must be empowered so as to make their participation effective. Therefore, it is critical to strengthen the capacity of people living in poverty to engage in participatory processes, by promoting their critical thinking and ability to analyse and confront structures of oppression and power relations. They should be empowered to identify the root causes of their marginalization and to take action (individually or collectively) to make claims and realize their rights. This requires, inter alia, human rights education and other capacity-building activities, which should be built into each participatory process and begun before the process starts. This may include public speaking training, human rights education, workshops and information provision.
- Legal status
- Non-negotiated soft 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
- 2013
Paragraph
The right to participation of people living in poverty 2013, para. 48
- Paragraph text
- Appropriate mechanisms for coordinating participation must be developed; these should be participatory themselves. In terms of the inclusion and identification of participants, programmes must be targeted to ensure the involvement of all stakeholders who may be or perceive themselves to be affected by the policy, decision or programme in question. The principles of non-discrimination and equality necessitate that participants must be identified in a transparent and proactive way. This should include undertaking a stakeholder analysis or mapping to identify vulnerable or disadvantaged groups with a stake in the outcomes of the decision; ensuring that the most marginalized groups and communities are identified and engaged from the outset, taking into account the obstacles they face; and dedicating resources to reach out to them.
- Legal status
- Non-negotiated soft law
- 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
- 2013
Paragraph
The right to participation of people living in poverty 2013, para. 35
- Paragraph text
- While the existing legal framework does not refer specifically to how to ensure and support the participation of people living in poverty, a systematic and teleological interpretation of several human rights norms, standards and principles can provide guidance. In the present section, several key human rights principles will be examined with the aim of determining how the right to participation of people living in poverty should be understood and realized from a human rights perspective. The subsequent section then provides concrete recommendations to States on how to operationalize these principles.
- Legal status
- Non-negotiated soft 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
- N.A.
- Year
- 2013
Paragraph
The right to participation of people living in poverty 2013, para. 79
- Paragraph text
- Evaluation and follow-up should be collaborative. Monitoring should be undertaken by the participants themselves, based on indicators set by them according to their priorities and analysis of change. As working with people living in poverty requires a long-term process, not a one-off intervention, a "consultation" should never be an objective in itself, but rather should be part of an ongoing process where persons living in poverty have various possibilities to exercise their right to participation, and decision-makers should be required to seriously consider the opinions expressed. Resources should be devoted to make the participatory mechanisms long-term and self-sustaining, for instance by training and investing in grass-roots facilitators. Regular forums for dialogue between policymakers and people living in poverty should be created and promoted.
- Legal status
- Non-negotiated soft law
- 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
- 2013
Paragraph
The World Bank and human rights 2015, para. 8
- Paragraph text
- Beginning in the late 1980s, the General Counsel of the Bank, Ibrahim Shihata, revisited the human rights issue. In a 1990 opinion he considered the question of governance and in 1995, the political prohibition. Although the latter opinion recognized the indivisibility of human rights, it drew a clear distinction between the two sets of rights. The General Counsel argued that, although the operations of the Bank already promoted a broad range of economic, social and cultural rights, its Articles of Agreement would normally prohibit it from promoting political rights. He left open the possibility of an exception in that latter regard when "an extensive violation of political rights which takes pervasive proportions" had "significant economic effects".
- Legal status
- Non-negotiated soft law
- 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
- 2015
Paragraph
The right to participation of people living in poverty 2013, para. 59
- Paragraph text
- The format and level of formality of the meeting must not be alienating or difficult to negotiate for people living in poverty. Organizers must allow sufficient time for participants to debate and seek consensus or common positions from which to develop representative and legitimate messages. The methodology of the process must not rely wholly on written materials, as this would exclude those who are illiterate or have poor reading skills. Instead, more inclusive and accessible methodologies should be used, including different media such as pictograms or theatre. Accessibility and adaptability requires that meetings should be conducted in the minority language appropriate to the community where necessary; if this is not possible, well-trained interpreters must be provided.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Year
- 2013
Paragraph
The World Bank and human rights 2015, para. 23
- Paragraph text
- There are, however, some Bank studies which enter into detail on the issue of human rights, such as those in its annual flagship publication, the World Development Report dealing with issues such as equity, gender equality, conflict resolution, HIV/AIDS and disability. In 2006 the World Development Report urged that equity should be a central concern in the design and implementation of development policy. It noted that the "international human rights regime testifies to the shared belief that all should have equal rights and be spared extreme deprivation," and acknowledged various other links between human rights and equity. In 2011, the World Development Report focused on conflict, security and development. The message of the report was that strengthening legitimate institutions and governance to provide security, justice and jobs for citizens is crucial to breaking cycles of violence in fragile countries. Building confidence is a major challenge and one that requires the protection of human rights. Detailed suggestions are explored for achieving that goal.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Humanitarian
- Year
- 2015
Paragraph
The World Bank and human rights 2015, para. 24
- Paragraph text
- The main message of the World Development Report in 2012 on gender equality and development was that gender equality was both a core development objective and "smart economics". It mattered because "the ability to live the life of one's own choosing and be spared from absolute deprivation is a basic human right." Development is defined as "a process of expanding freedoms equally for all people," and international and regional human rights instruments crucial in achieving gender equality. The report described the Convention on the Elimination of All Forms of Discrimination against Women as "the primary international vehicle for monitoring and advocating gender equality."
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Women
- Year
- 2015
Paragraph
Taxation and human rightss 2014, para. 75
- Paragraph text
- Globalization and increased cross-border flows of goods and capital have vastly increased the chances that one State's actions or omissions may affect another State's ability to raise public revenues, and increased the ways and means that companies and individuals can use to evade and avoid taxes. Illicit financial flows inevitably involve at least two countries. The tax laws and structures of one State can therefore erode the national tax bases of other States and hamper the application of progressive tax rates and the achievement of redistributive goals, ultimately threatening the realization of rights. There is a therefore a particularly urgent need for States to cooperate proactively on matters of tax and fiscal policy. In particular, high-income States that enable or fail to tackle tax abuse and illicit financial flows should shoulder some responsibility for the shortcomings of the tax and public finance systems in developing countries and related poverty rates, lack of enjoyment of human rights and economic inequalities.
- Legal status
- Non-negotiated soft law
- 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
Paragraph
The World Bank and human rights 2015, para. 20
- Paragraph text
- In effect, although the Bank's lawyers might be expected to strenuously dispute the proposition, the template just described could be applied in a very similar fashion to justify a human rights policy. Previous legal opinions have left space for the crafting of such a policy, other multilateral development banks and most multilateral and bilateral development agencies have human rights policies and there has been voluminous scholarly research on those issues. The General Counsel's definition of development for the purposes of interpreting the mandate clearly accommodates human rights. There are innumerable ways in which human rights violations have major economic impacts and the poor are disproportionately affected. And, just as with the criminal justice sector, there will be some aspects of some rights which would fall foul of the political prohibition, thus requiring a series of risk management strategies to avoid such problems.
- Legal status
- Non-negotiated soft law
- 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
- 2015
Paragraph
Extreme inequality and human rights 2015, para. 8
- Paragraph text
- Current income-inequality figures are quite dramatic. According to a 2008 study by the International Labour Organization (ILO), over the past two decades the income gap between the top and bottom 10 per cent of wage earners increased in 70 per cent of the countries for which data was available. According to a recent Organization for Economic Cooperation and Development (OECD) study, the gap between rich and poor in OECD countries is at its highest level in 30 years. In 2007, the average executive manager in the 15 largest firms in the United States of America earned more than 500 times what the average employee in the United States earned, compared with over 300 times in 2003, and similar patterns can be observed in many other countries.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
The World Bank and human rights 2015, para. 75
- Paragraph text
- Diverse civil society actors also needs to think through in a more systematic and nuanced way what exactly they would like to see from a human rights initiative. In the view of the Special Rapporteur, it is debatable whether some of the roles that the Bank has been called upon to undertake in the past are appropriate. The Bank cannot be expected to carry the burden of the expectations of every human rights demand that might be made in a given situation. There are limits to what can reasonably be expected of it and there are legitimate questions related to its mandate and the respective roles that should be played by different actors. Placing unreasonable demands on the Bank merely reinforces the fears of those who are currently resisting change in that area.
- Legal status
- Non-negotiated soft 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
- N.A.
- Year
- 2015
Paragraph
The World Bank and human rights 2015, para. 76
- Paragraph text
- The Bank needs to remove the roadblock that has been erected by its anachronistic, artificial and unjustifiable interpretation of the political prohibition contained in its Articles of Agreement. Admittedly, it is conceivable that the Bank might be tempted to pursue some issues using prohibited political approaches and would need to guard against them. However, positive measures designed to promote respect for obligations based on human rights treaties that are binding upon borrowing States would generally not cross such a line. Of course, much will depend on how the issue is approached, but a blanket prohibition on any such action as being political is wholly unwarranted. Just as the phrase "economic considerations" has been interpreted to accommodate Bank measures to combat corruption and to promote the rule of law and criminal justice reform, so too can the phrase accommodate a policy which takes account of the economic consequences of ignoring or violating human rights in a given project.
- Legal status
- Non-negotiated soft law
- 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
- 2015
Paragraph
The World Bank and human rights 2015, para. 77
- Paragraph text
- The starting point for any policy is to acknowledge that human rights are relevant to the twin goals of the Bank. Exactly how that relevance should manifest itself in different situations and policies is a matter to be explored and developed over time. It makes sense in such contexts to move with all deliberate speed. In the longer term, a change of culture within the Bank would be required, as has often been remarked in relation to safeguards and other concerns by internal evaluation mechanisms. When UNICEF adopted a policy grounded in the rights of the child, it took considerable time for the internal culture to change, just as it will in the case of others. Training will be an essential component, but if any organization is capable of mastering a new policy direction of this kind, it is the Bank.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2015
Paragraph
Extreme inequality and human rights 2015, para. 21
- Paragraph text
- Economic inequalities seem to encourage political capture and the unequal realization of civil and political rights. High levels of economic inequalities "may create institutions that maintain the political, economic and social privileges of the elite and lock the poor into poverty traps from which it is difficult to escape". This vicious cycle may be broken when civil and political rights are enjoyed more equally, as illustrated by the case of Chile. Under the dictatorship of Augusto Pinochet during the 1970s and 1980s, income inequality worsened, then improved after democracy was reinstated (although it is still higher than it was in the 1960s or early 1970s). Another example is Rwanda, where gender equality is enshrined in the Constitution and a quota system has contributed to more than half of the members of Parliament being women, making it the only country in the world with more female than male members of parliament. After the introduction of the quota system, the Rwandan Parliament passed legislation to enhance gender equality, "including several laws aimed at preventing and punishing gender-based violence, laws granting more extensive property rights to women and key legislation on women in the workforce."
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Poverty
- Person(s) affected
- Women
- Year
- 2015
Paragraph
Extreme inequality and human rights 2015, para. 22
- Paragraph text
- The protection of core labour rights, such as the rights to freedom of association and collective bargaining, is also essential for a more equal division of power and the reduction of economic inequalities. While it is very difficult to measure the causal relationship between the fulfilment of those core labour rights and economic inequalities, various studies point to a relationship between the lack of protection of core labour rights and deunionization and between deunionization and growing wage inequality. The authors of a recent study note: "The neoliberal paradigm in the early 1980s created an extremely negative environment for unions with the abandonment of full-employment policies. Since that time, labor laws across the world have become much less union friendly, and unionizing new establishments has become harder."
- Legal status
- Non-negotiated soft law
- 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
- 2015
Paragraph
Extreme inequality and human rights 2015, para. 33
- Paragraph text
- In 1999, the authors of a major study concluded that while global inequality was a major problem, it had been largely neglected by traditional investigations into world order. They argued that processes of globalization were exacerbating inequalities both within and among States and eroding the capacity of traditional institutions to manage the resulting threats. But it took well over another decade for the challenge of inequalities to appear high on the list of the international community's priority concerns. In the outcome document of the United Nations Conference on Sustainable Development, entitled "The future we want", world leaders reaffirmed the need to achieve sustainable development by reducing inequalities. They considered that it was essential to generate decent jobs and incomes that decreased disparities in standards of living (see General Assembly resolution 66/288, annex, paras. 4 and 30).
- Legal status
- Non-negotiated soft law
- 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
- 2015
Paragraph
Extreme inequality and human rights 2015, para. 34
- Paragraph text
- In 2014, the Open Working Group on Sustainable Development Goals presented its proposals for the post-2015 development agenda (see A/68/970 and Corr.1). Proposed goal 10 is aimed explicitly at reducing inequality within and among countries. The specific targets associated with goal 10 include the following: achieve and sustain income growth of the bottom 40 per cent of the population at a rate higher than the national average; ensure equal opportunity and reduce inequalities of outcome; and adopt policies, especially fiscal, wage and social protection policies, and progressively achieve greater equality.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Extreme inequality and human rights 2015, para. 35
- Paragraph text
- In December 2014, the Secretary-General presented a synthesis report containing his vision for the negotiations of the new sustainable development goals (A/69/700). In the report, the Secretary-General spoke of gross and intolerable inequalities, and argued that income inequality specifically was one of the most visible aspects of a broader and more complex issue, one that entailed inequality of opportunity. He underlined that, as States implemented the new agenda, they must address inequalities in all areas, agreeing that no goal or target be considered met unless met for all social and economic groups. The defining challenge of the time was to close the gap between the determination to ensure a life of dignity for all, and the reality of persisting poverty and deepening inequality (ibid., paras. 65 and 67-68).
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Poverty
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Extreme inequality and human rights 2015, para. 37
- Paragraph text
- The United Nations has not been alone in recognizing the threat posed by the dramatic growth in inequalities. The Managing Director of the International Monetary Fund (IMF) has warned consistently of the seriousness of the problem. At the Fund's annual meeting in 2014 she said: "There has been a staggering rise in inequality - 7 out of 10 people in the world today live in countries where inequality has increased over the last three decades. And yet, we know that excessive inequality saps growth, inhibits inclusion, and undermines trust and social capital." In February 2014, the Executive Board of IMF discussed a staff paper on fiscal policy as the primary tool for Governments to affect income distribution, including "options for reform of expenditure and tax policies to help achieve distributive objectives efficiently in a manner consistent with fiscal sustainability and recent evidence on how fiscal policy measures can be designed to mitigate the impact of fiscal consolidation on inequality".
- Legal status
- Non-negotiated soft law
- 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
- 2015
Paragraph
Extreme inequality and human rights 2015, para. 18
- Paragraph text
- Democracy and civil and political rights are closely linked to the equal division of economic and other factors that are crucial for well-being. Amartya Sen famously argued that democracy and the upholding of related civil and political rights, such as freedom of the press and the right to vote, are connected to the non-occurrence of famines. He suggested that "India's success in eradicating famine is not matched by a similar success in … relieving inequalities in gender relations". According to Mr. Sen, deprivations such as gender inequality "call for deeper analysis, and for a greater and more effective use of mass communication and political participation - in sum, for a fuller practice of democracy". The existence of a democracy and the right to participate in the political process do not guarantee equal opportunity and more equal outcomes. As other authors have argued, the correlative human rights obligations necessary to "constitute democracy and ensure that it functions properly" include more than just the right to vote: the State "may need to take positive steps to protect individuals against other individuals' interference with the right."
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Humanitarian
- Person(s) affected
- All
- Year
- 2015
Paragraph
Extreme inequality and human rights 2015, para. 25
- Paragraph text
- Although many forms of discrimination are inherently unjust, the correlation between gender-based discrimination and economic inequalities deserves special mention since it potentially affects half of the world's population. While both men and women may experience myriad inequalities, based on factors such as their race, ethnicity, sexual orientation or disability, gender-based discrimination is too often seen to be almost exclusively a women's problem. In its World Development Report 2012, the World Bank describes the forms of discrimination that still exist in many countries and that directly affect economic inequality between men and women. According to the World Bank, men and women still have different ownership rights in at least nine countries, and in many countries, women and girls still have fewer inheritance rights than men and boys. In addition, women continue to fare badly in the labour market generally. A stocktaking by the United Nations Entity for Gender Equality and the Empowerment of Women (UN-Women) shows that almost 80 countries maintain restrictions on the types of work that women are permitted to undertake. Also according to UN-Women, at the global level, women's labour force participation rates have stagnated since the 1990s. Currently, only half of women are in the labour force compared to more than three quarters of men. Despite considerable regional variations, nowhere has this gender gap been eliminated: globally, women earn on average 24 per cent less than men. In one study of four countries, lifetime income gaps between women and men were estimated to be between 31 and 75 per cent.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Boys
- Girls
- Men
- Women
- Year
- 2015
Paragraph
Extreme inequality and human rights 2015, para. 26
- Paragraph text
- It is clear that economic inequalities severely affect a range of civil, political, economic, social and cultural rights.
- Legal status
- Non-negotiated soft law
- 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
- 2015
Paragraph
The UN responsibility for the cholera outbreak in Haiti 2016, para. 14
- Paragraph text
- Starting on 8 October 2010, a contingent of Nepalese peacekeepers, who had completed their training in Kathmandu at the time of a cholera outbreak there, arrived at the MINUSTAH Annapurna Camp in Mirebalais, Haiti. Within days, a few villagers living in Mèyé who drew their water from a stream close to the camp toilets were infected. By way of explanation, later investigations revealed that on 16 or 17 October a sanitation company under contract to MINUSTAH emptied the camp's waste tanks. Because the septic pit into which the waste should have been deposited was full, "the driver dumped the contents and a large amount of fecal waste entered the local stream and flowed on to the Artibonite River. By the next morning, many in downstream communities were infected".
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Humanitarian
- Person(s) affected
- Persons on the move
- Year
- 2016
Paragraph
The UN responsibility for the cholera outbreak in Haiti 2016, para. 15
- Paragraph text
- As the magnitude of the disaster became known, key international officials carefully avoided acknowledging that the outbreak had resulted from discharges from the MINUSTAH camp. The implication that cholera had come from elsewhere also drew support from an environmental theory suggested by some scientific observers according to which the cholera microbe is naturally present in many backwater settings and can be activated by environmental shocks such as the earthquake that hit Haiti in January 2010 or by unusually heavy rains. Nevertheless, most scientific and media sources rejected this theory and placed the blame clearly upon the peacekeepers.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Health
- Year
- 2016
Paragraph
The UN responsibility for the cholera outbreak in Haiti 2016, para. 79
- Paragraph text
- There are strong grounds for now issuing an apology and accepting responsibility. First, the element of doubt as to the responsibility of the United Nations for the introduction of cholera has been definitively removed. A series of scientific studies and statements subsequent to the issuance of the report of the independent panel of experts, as well as the experts' own later clarifications, leave no reasonable doubt and the United Nations position must reflect that reality. A policy that might arguably have been justified in years gone by is clearly no longer supported by the scientific facts.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- Year
- 2016
Paragraph
The UN responsibility for the cholera outbreak in Haiti 2016, para. 71
- Paragraph text
- Remedies. The provision of remedies for wrongdoing is an essential dimension of the law relating to immunity, of human rights law, of the rule of law and of the principle of accountability. The High Commissioner for Human Rights regularly and rightly admonishes States that refuse to provide a remedy to those whose human rights have been violated, yet in the Haiti case the United Nations has refused even to contemplate a range of remedies which could reasonably and feasibly be provided. Similarly, in the transitional justice context, the United Nations consistently calls upon States to acknowledge wrongdoing, to ensure meaningful processes for the vindication of claims and to provide victims with redress. Yet in the Haiti case the victims are told that a handful of broadly focused development projects should provide sufficient redress. Even in the context of armed conflicts, various United Nations bodies have urged States to provide forms of compensation, whether ex gratia or otherwise, to the killed or injured even though the legal obligation to provide such compensation is not uncontested.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- All
- Year
- 2016
Paragraph
Marginality of economic and social rights 2016, para. 21
- Paragraph text
- However, in the 50 years since the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights were adopted, extensive experience has been gained at both the international and national level, which enables us to identify the key ingredients in successful approaches to the recognition and implementation of human rights obligations. Three are of particular salience in relation to economic and social rights: (a) the need to accord legal recognition to the rights; (b) the need for appropriate institutional arrangements to promote and facilitate realization of the rights; and (c) the need for measures that promote governmental accountability. This can be termed the recognition, institutionalization and accountability framework, or the RIA framework, and its implications for economic and social rights are considered below.
- Legal status
- Non-negotiated soft 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
- All
- N.A.
- Year
- 2016
Paragraph
Marginality of economic and social rights 2016, para. 10
- Paragraph text
- During the Cold War years, deep ideological divisions ensured that economic and social rights were given very limited attention. It was not until 1987 that the Committee on Economic, Social and Cultural Rights was established by the Economic and Social Council, a development that certainly helped to trigger considerable progress. Partly as a result, 171 States proclaimed at the World Conference on Human Rights in 1993 that: All human rights are universal, indivisible and interdependent and interrelated. The international community must treat human rights globally in a fair and equal manner, on the same footing, and with the same emphasis.
- Legal status
- Non-negotiated soft law
- 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
- N.A.
- Year
- 2016
Paragraph
Marginality of economic and social rights 2016, para. 12
- Paragraph text
- Some will contest this assessment, while others will suggest that the difference in attention and in the practical legal recognition accorded to the two sets of rights - civil and political rights on one hand, and economic, social and cultural rights on the other - does not really matter. In fact, it matters a great deal, and for a number of reasons. The most basic is philosophical, in the sense that it is agreed that the two sets of rights are indispensable elements in enabling individuals to live dignified and fulfilling lives. It is also important for doctrinal reasons. The equal status of the rights recognized in the Universal Declaration of Human Rights reflects a hard-fought ideological and political compromise, not only between capitalist and communist approaches in the 1940s, but between continuing differences in perception over what societies should value most and the terms of the social contract between the State and its inhabitants. It is the glue that has held the package together and the understanding that enables the reconciliation of otherwise starkly competing visions. It reflects the need to achieve an equilibrium among goals that will inevitably always be in tension with one another. Whether the equal importance of the two sets of rights can also be demonstrated empirically is a matter over which economists and others have long duelled, and instrumentalist arguments continue to be heavily relied upon in making the case for goals such as gender equality. But, regardless of the conclusions that might emerge from such research, the validity of the underlying principle cannot be held hostage to the uncertainties of empirical analyses.
- Legal status
- Non-negotiated soft law
- 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
- 2016
Paragraph
Marginality of economic and social rights 2016, para. 49
- Paragraph text
- In monitoring civil and political rights, both the Human Rights Council and the treaty bodies have played a crucial role in encouraging States to focus on the recognition, institutionalization and accountability dimensions of those rights. It is much less clear, however, that they have played a comparable role in relation to economic and social rights. While the Council addresses economic and social rights in many different contexts, and especially through the work of its special procedures, perhaps the best indication of its approach can be gleaned from the universal periodic review process. In terms of the work of the treaty bodies, the most important in this context is the Committee on Economic, Social and Cultural Rights. The approach adopted with regard to recognition, institutionalization and accountability in each of these settings is examined briefly below.
- Legal status
- Non-negotiated soft 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
- 2016
Paragraph
Marginality of economic and social rights 2016, para. 50
- Paragraph text
- Because of its universality and its integrated approach to the human rights agenda, the universal periodic review process is an especially important indicator of governmental concerns and priorities. A thorough review of the operation of the process since its inception raises concern about both the quantity and quality of economic, social and cultural rights-related recommendations. Only one out of five recommendations adopted have been specifically concerned with economic, social and cultural rights. Only 11 per cent of the recommendations put forward by the regional group that have made, by far, the most recommendations overall dealt with economic, social and cultural rights. For other regions, the figures were 20 to 30 per cent. Even more problematic, two thirds of the recommendations relating to economic, social and cultural rights called for only general action, as opposed to any specific outcome. These results are consistent with the Special Rapporteur’s own survey, which indicated that up and including the twenty-second session of the Human Rights Council, 1,031 economic and social rights-related recommendations had been made. Of these, over 20 per cent called for ratification of the Covenant or the Optional Protocol, or withdrawal of reservations made at the time of ratification. Thirty-three recommendations called for greater cooperation with United Nations bodies working on economic, social and cultural rights; 182 called for legislative action on one or more specific economic and social rights, but almost none of these focused on specific legislative recognition of economic and social rights as human rights. Only 13, or 1.26 per cent, of the relevant recommendations specifically requested a State to take measures to guarantee the status of economic, social and cultural rights through constitutional amendments, enactment of legislation or by giving national courts jurisdiction to provide remedies for economic and social rights violations.
- Legal status
- Non-negotiated soft law
- 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
- 2016
Paragraph
Marginality of economic and social rights 2016, para. 54
- Paragraph text
- The reports by States were consistent with the finding of widespread domestic recognition of economic and social rights. In 13 State party reports addressing the issue of the domestic law status of the Covenant, a range of statuses were reported: in some States, the Covenant applied directly, in others, it prevailed in cases of inconsistency, benefited from a "presumption of compatibility" or could be invoked as a persuasive authority. Half of the States indicated that the economic and social rights recognized in legislation or constitutional provisions were justiciable and one third of the States provided some examples of cases.
- Legal status
- Non-negotiated soft law
- 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
- 2016
Paragraph
Marginality of economic and social rights 2016, para. 58
- Paragraph text
- When constitutions are being rewritten, the major NGOs are vocal in calling for the inclusion of civil and political rights, but rarely mention economic and social rights. When transitional justice mechanisms are being shaped, their concerns focus overwhelmingly on civil and political rights, even though many such violations go hand in hand with economic and social rights violations, and the measures required to bring reconciliation and justice would need to incorporate economic and social rights dimensions if they are to be comprehensive as well as designed to avoid non-repetition. Instead, those issues are most likely to be characterized as development concerns.
- Legal status
- Non-negotiated soft 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
- 2016
Paragraph
Marginality of economic and social rights 2016, para. 27
- Paragraph text
- Nonetheless, aside from the clear position that the relevant Committee has taken in its general comments, it is difficult to understand how the obligations to "recognize" the rights, and to "guarantee" non-discrimination, could possibly be achieved in the absence of targeted legislative or equivalent measures. As stated in the Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law, the general principle is that States shall, as required under international law, ensure that their domestic law is consistent with their international legal obligations by, inter alia, incorporating norms of international human rights law into their domestic law, or otherwise implementing them in their domestic legal system. The key element here is the recognition of the norm itself, not merely the adoption of measures that are pertinent to the subject-matter of the norm.
- Legal status
- Non-negotiated soft law
- 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
- 2016
Paragraph
The UN responsibility for the cholera outbreak in Haiti 2016, para. 54
- Paragraph text
- The irony of the position of the United Nations on cholera in Haiti is that far from strengthening its case for immunity, it has provoked a backlash which has led scholars and commentators to call for immunity to be lifted, for only functional immunities to be recognized, or for national courts to adapt their approach to immunity to respect the human rights principle of access to a remedy. Support for these suggestions will only grow if an appropriate remedy is not provided in the Haiti cholera case. There is much to be said in favour of the argument, supported by many scholars and invoked in the litigation, that the absolute immunity conferred by article II of the 1946 Convention is contingent upon respect for the requirement of article VIII, section 29, that "appropriate modes of settlement" be provided by the United Nations. The rejection of this argument by courts in the United States provides no assurance that courts elsewhere will follow suit.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
The UN responsibility for the cholera outbreak in Haiti 2016, para. 25
- Paragraph text
- Finally, as noted above, the panel sought to mitigate the Organization's responsibility by noting that the outbreak was due not to one single event but rather to a "confluence of circumstances", including deficient water, sanitation and health-care systems. But again, apart from being inconsistent with the principal finding that MINUSTAH was indeed responsible, this construction conflates responsibility for bringing cholera to Haiti on the one hand with the country's vulnerability on the other hand. The fact is that cholera would not have broken out but for the actions of the United Nations.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Water & Sanitation
- Year
- 2016
Paragraph
The World Bank and human rights 2015, para. 67
- Paragraph text
- Finally, it is not necessary in the present report to repeat the powerful ethical, legal and instrumentalist arguments that have been made in the extensive literature on integrating human rights into development policies and programmes. Ironically, nowhere have the arguments been more systematically explored than in the World Bank's own publication on integrating human rights into development, produced in collaboration with OECD.
- Legal status
- Non-negotiated soft law
- 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
- 2015
Paragraph
Extreme inequality and human rights 2015, para. 16
- Paragraph text
- The differences in intergenerational economic mobility between countries are not random. Studies have shown a clear negative relationship between economic inequalities in a country and intergenerational earnings mobility. Alan Krueger has called this the "Great Gatsby curve". Joseph Stiglitz has written that the ideal of equal opportunity is increasingly a myth in many countries and that the decline in opportunity has gone hand in hand with growing inequality.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
The UN responsibility for the cholera outbreak in Haiti 2016, para. 22
- Paragraph text
- It is also noteworthy that having so enthusiastically embraced the panel's no fault statement, the United Nations effectively rejected some of its other key suggestions for screening and prophylaxis, an approach strongly challenged in a recent report by a group of experts.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
The UN responsibility for the cholera outbreak in Haiti 2016, para. 45
- Paragraph text
- While the United Nations has been keen to emphasize how much it has done in Haiti, the reality is that Member States have so far agreed to contribute only 18 per cent of the $2.2 billion required to implement the National Plan for the Elimination of Cholera in Haiti 2013-2022.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Year
- 2016
Paragraph
Marginality of economic and social rights 2016, para. 51
- Paragraph text
- The main conclusion to be drawn for the purposes of the present report is that, insofar as the universal periodic review is an accurate indicator, States attach very limited importance to the recognition, institutionalization and accountability dimensions of economic and social rights.
- Legal status
- Non-negotiated soft law
- 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
- 2016
Paragraph
Extreme poverty and human rights on universal basic income 2017, para. 58
- Paragraph text
- Van Parijs and Vanderborght admit that a universal basic income at 25 per cent of GDP per capita would result in “far higher rates of taxation because of the need to keep funding other public expenditures”. They then proceed to point to some (relatively small-scale) basic income experiments, negative income tax experiments and econometric models, none of which provides a clear answer on affordability. After discussing alternative financing models, such as taxes on capital, nature, money and consumption, they conclude that “none of these alternative sources offers a panacea, or any robust assurance that a generous basic income is economically sustainable, or any reason to believe that, in the short run at any rate, we can dispense with the income tax”. That leads them to explore alternatives to their core idea of a universal basic income — including a categorical basic income, a household basic income and tax surcharge, and their preferred alternative, a partial basic income: “one that makes no claim to being sufficient to live on if one lives alone”.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Extreme poverty and human rights on universal basic income 2017, para. 60
- Paragraph text
- But these contrasting views accurately reflect the conclusion that emerges from a comprehensive survey of the many different utopias the world has known, which is that “utopias are essential but potentially dangerous”. In this case, the danger is that the single-minded pursuit of basic income as a magic bullet, capable of resolving many deeply troubling challenges, will distract attention from the deeper underlying complexities and values. But the utopian vision may also provide the much-needed impetus to rethink the optimal shape of social protection explicitly designed to achieve universal realization of the human right to an adequate standard of living in the twenty-first century. At a comparable watershed moment, Lord Beveridge introduced his 1943 report that laid the groundwork for the British welfare state by insisting that a “revolutionary moment in the world’s history is a time for revolutions, not for patching”.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Extreme poverty and human rights on universal basic income 2017, para. 61
- Paragraph text
- Thus, the basic income concept should not be rejected out of hand on the grounds that it is utopian. Policymakers at the national and international levels need to develop the sort of creativity in social policy that is capable of matching and responding to the technological innovations and other developments that have brought us to this crossroads. Despite the magnitude of the challenge and the breathtaking scope of the proposed solution, there is an option, which Van Parijs seems to have subtly embraced, to move in an incremental fashion towards the overall goal. As Anthony Atkinson has observed, inspired by Amartya Sen’s work, “the aim is progressive reform rather than transcendental optimality”.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Extreme poverty and human rights on universal basic income 2017, para. 62
- Paragraph text
- The most prominent path chosen to date has focused on respect for labour rights. But significant questions arise as to whether the tools used to tackle economic insecurity in that context have been, or are likely to be, effective in responding to the emerging conditions in the global labour market. For example, in its general comment No. 18 (2005) on the right to work, the Committee on Economic, Social and Cultural Rights calls on States “to reduce to the fullest extent possible the number of workers outside the formal economy”, “to ensure that privatization measures do not undermine workers’ rights”, and to ensure that enhanced labour market flexibility does “not render work less stable or reduce the social protection of the worker”. All of these important objectives are grounded in human rights law, but the question is how best to respond to the reality that the trends in most industries seem to be heading rapidly in the opposite direction.
- Legal status
- Non-negotiated soft law
- 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
- 2017
Paragraph
Extreme poverty and human rights on universal basic income 2017, para. 63
- Paragraph text
- Similarly, an ILO report entitled Decent Work in Global Supply Chains responded to the “negative implications for working conditions” of “the dynamics of production and employment relations within the global economy” by proposing a series of steps such as promoting international labour standards, closing governance gaps and promoting inclusive and effective social dialogue. Unsurprisingly, after lengthy debate on the report, the 2016 International Labour Conference expressed its “concern that current ILO standards may not be fit for purpose to achieve decent work in global supply chains”.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Extreme poverty and human rights on universal basic income 2017, para. 9
- Paragraph text
- In its comprehensive and ideal form, a basic income is explicitly designed to challenge most of the key assumptions underpinning existing social security systems. Rather than a system where there are partial payments, basic income guarantees a floor; instead of being episodic, payments are regular; rather than being needs-based, they are paid as a flat rate to all; they come in cash, rather than as messy in-kind support; they accrue to every individual, rather than only to needy households; rather than requiring that various conditions be met, they are unconditional; rather than excluding the well off, they are universal; and instead of being based on lifetime contributions, they are funded primarily from taxation. And simplicity of design promises minimal bureaucracy and low administrative costs.
- Legal status
- Non-negotiated soft law
- 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
- 2017
Paragraph
Extreme poverty and human rights on universal basic income 2017, para. 50
- Paragraph text
- In Canada, two basic income approaches have been the subject of macroeconomic modelling: a full basic income for all Canadians, and a negative income tax under which the richest receive nothing and the poorest receive the maximum income supplement. Neither payment is adjusted for age. In terms of poverty, the conclusion was that: Cancelling existing income transfer programmes in favour of a single basic income results either in dramatically higher levels of poverty, or ethically and politically unsupportable compromises where seniors are pushed into poverty to lift up adults and children. The more acceptable and feasible approach would be to set up a new basic income on top of the 33 transfers that already exist, thus creating only winners, though the main beneficiaries would be middle-aged Canadians.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Poverty
- Person(s) affected
- Children
- Older persons
- Year
- 2017
Paragraph
The implementation of the right to social protection through the adoption of social protection floors 2014, para. 19
- Paragraph text
- There have also been many such initiatives in the Asia-Pacific region, as illustrated by the declaration in October 2013 of the Association of Southeast Asian Nations on strengthening social protection that "everyone is entitled to equitable access to social protection, based on a rights-based, needs-based, life-cycle approach and covering essential services as needed". In the declaration member States also committed to strive to extend coverage, availability, quality, equitability and sustainability of social protection and gradually promote it, to ensure optimum benefits.
- Legal status
- Non-negotiated soft law
- 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
Paragraph
The implementation of the right to social protection through the adoption of social protection floors 2014, para. 20
- Paragraph text
- The significance of the fact that so many social protection initiatives have emanated from the South, and that social protection floors have gained such support in developing countries, is all the greater when seen against the earlier resistance by many of those countries to efforts that were considered to involve the undifferentiated and inappropriate transposition of Western approaches to social security. South-South cooperation in this area thus bodes well for the future of the Social Protection Floor Initiative.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
The implementation of the right to social protection through the adoption of social protection floors 2014, para. 29
- Paragraph text
- The position of the Bank seems rather to be driven by its long-standing resistance to the notion that it can advocate respect for human rights without becoming "political"; its preference for formulae that can be overseen by economists and administrators, rather than empowering the population; a deep-seated resistance to universal coverage in the absence of a great many caveats or safeguards to prevent abuse; and an aversion to the sort of legal entrenchment of a right to social protection that would constrain the options of economic policymakers.
- Legal status
- Non-negotiated soft law
- 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
- 2014
Paragraph
The implementation of the right to social protection through the adoption of social protection floors 2014, para. 39
- Paragraph text
- Finally, much has been made in the context of the Covenant of the importance of establishing benchmarks against which governmental performance can be evaluated. As the United Nations Development Group has observed, the immediate realization of a social protection floor is not a realistic policy goal for most countries in the region. but progress can be achieved through "setting a benchmark for the benefit levels. The benchmark may be taken as the national poverty line for tax-financed, universal schemes and relative benchmarks as laid out in the ILO's social security Conventions."
- Legal status
- Non-negotiated soft law
- 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
Paragraph
The implementation of the right to social protection through the adoption of social protection floors 2014, para. 46
- Paragraph text
- Human rights proponents seeking to defend the draft might argue that issues such as non-discrimination and equality are reflected in it and that specific goals such as making "free, equitable and quality" education available to all and achieving "universal and equitable access to safe and affordable drinking water for all" can act as surrogates for the recognition of the respective rights. As argued above, however, recognition of rights empowers all individuals, imposes real obligations on Governments and brings with it an agreed framework for implementation.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2014
Paragraph
Taxation and human rightss 2014, para. 43
- Paragraph text
- The quality, accessibility and availability of goods and services needed for the realization of human rights, such as the rights to an adequate standard of living, health, education and social security, will hinge on the resources that the State is able to collect. According to the United Nations Educational, Scientific and Cultural Organization (UNESCO), strengthening tax systems is vital to guarantee the right to education. Many of the countries furthest from achieving the widespread enjoyment of the right to education do not, however, tap their tax bases sufficiently.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2014
Paragraph
The importance of social protection measures in achieving Millennium Development Goals (MDGs) 2010, para. 76
- Paragraph text
- Accessibility also requires that policymakers assess and take into account any possible discriminatory impact of the manner in which grants or transfers are disbursed. For example, owing to limited mobility (such as that of persons with disabilities and older persons), lack of familiarity with electronic methods of payment (such as through the use of debit cards and mobile phones) and the gender impact (such as when queues are guarded by armed personnel), modes of disbursement could have unintended discriminatory effects.
- Legal status
- Non-negotiated soft law
- 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
- Persons with disabilities
- Year
- 2010
Paragraph
The importance of social protection measures in achieving Millennium Development Goals (MDGs) 2010, para. 78
- Paragraph text
- In practical terms, States must devise strategies to overcome context-specific cultural and geographical barriers. For instance, some States provide boarding facilities at some primary and secondary schools to encourage children living in remote areas or belonging to nomadic groups to attend school. Likewise, States should develop more specific and disaggregated development indicators so as to tailor their social programmes more precisely and equitably to the needs of particular communities and groups.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Children
- Year
- 2010
Paragraph
Penalization of people living in poverty 2011, para. 11
- Paragraph text
- In this respect, women are particularly vulnerable to penalization measures. Due to structural discrimination, women have less representation in structures of power and therefore are disproportionately disadvantaged in their dealings with State authorities and less able to claim their rights. Often penalization measures have a much more onerous impact on women than men, given that women are overrepresented among the poor, have less access to education, employment and economic resources, and assume the principal burden of care and domestic work.
- Legal status
- Non-negotiated soft law
- 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
- Men
- Women
- Year
- 2011
Paragraph
Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 14
- Paragraph text
- While several external factors affect the availability of domestic resources, such as the provision of official development assistance (ODA) and the role of international trade, compliance with this principle also depends on how the State generates and mobilizes resources to fund compliance with human rights obligations. For example, if a State generates too little revenue or allocates a high proportion of its budget to defence, its ability to provide sufficient levels of public services will be compromised.
- Legal status
- Non-negotiated soft law
- 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
Paragraph
Penalization of people living in poverty 2011, para. 22
- Paragraph text
- Particular attention should be paid to economic justifications for penalization measures. Economic reasons are not only outside the range of limitations permissible under human rights law, they also contradict the reality that the implementation of penalization measures is extremely costly. Penalization measures necessitate greater numbers of law enforcement and public service staff; increase the number of individuals in the penal and criminal justice systems; and require considerable outlays on administrative monitoring procedures, such as means testing and benefit surveillance.
- Legal status
- Non-negotiated soft 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
- All
- Year
- 2011
Paragraph
The importance of social protection measures in achieving Millennium Development Goals (MDGs) 2010, para. 47
- Paragraph text
- Rights-based social protection systems can support progress towards the achievement of the Millennium Development Goals by, inter alia, promoting women's participation in economic activities, increasing their participation in the workforce, providing them with income security in old age and improving nutritional levels and food security, as well as girls' access to education. If women cannot, on an equal basis with men, benefit from development, participate in the labour market and participate in public decision-making, the achievement of the Goals will be seriously compromised.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Gender
- Person(s) affected
- Girls
- Men
- Women
- Year
- 2010
Paragraph
The importance of social protection measures in achieving Millennium Development Goals (MDGs) 2010, para. 53
- Paragraph text
- Gender concerns remain largely ignored, even when social protection schemes specifically target women within households or female-headed households. The channelling of social protection to women may amplify the impacts of certain schemes reaching children or older persons, but it does not ensure that the root causes of gender inequality are adequately addressed. Evidence shows that social protection systems are rarely gender-neutral and that badly designed programmes can exacerbate or contribute to inequalities.
- Legal status
- Non-negotiated soft law
- 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
- Older persons
- Women
- Year
- 2010
Paragraph
Social protection and old age poverty 2010, para. 98
- Paragraph text
- Where there is political will, low-income and middle-income countries can implement social pension programmes. Without detracting from developing States' own obligations, international assistance must also play a role in helping developing countries to progressively realize the right to social security. In those countries where the protection gap is widest, establishing or enhancing non-contributory pensions requires overcoming considerable resource, institutional and technical constraints. International assistance can be critical in this respect.
- Legal status
- Non-negotiated soft law
- 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
Paragraph
Social protection and old age poverty 2010, para. 105
- Paragraph text
- The traditional reliance of many States on contributory pension systems as the main source of social security in old age has left a significant portion of older persons unprotected. This problem is particularly serious for women as most are not covered by contributory pension schemes although they tend to live longer. Investing in non-contributory pensions can play an important role in empowering older people and contribute to the realization of their human rights, in particular their economic, social and cultural rights.
- Legal status
- Non-negotiated soft law
- 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
- Women
- Year
- 2010
Paragraph
Penalization of people living in poverty 2011, para. 61
- Paragraph text
- Being excluded from social benefit assistance has an especially harsh effect on women, who make up the majority of social benefit beneficiaries, and who generally hold primary responsibility for the care of children and maintenance of the household. If women are denied access to social benefits, it will generally have implications for the whole family. Furthermore, there is an increased likelihood that women will remain in or return to abusive relationships, or be forced to live in other vulnerable situations, if they are unable to access social benefits.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Children
- Women
- Year
- 2011
Paragraph
Penalization of people living in poverty 2011, para. 81
- Paragraph text
- Considering that detention, incarceration and institutionalization have such extensive and long-lasting negative effects on persons living in poverty, States must only have recourse to deprivation of liberty insofar as it is necessary to meet a pressing societal need, and in a manner proportionate to that need. The poorest and most vulnerable individuals in detention must have equal access to free, fair and efficient court procedures, and must enjoy the same rights to humane conditions and respectful treatment as more affluent segments of society.
- Legal status
- Non-negotiated soft 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
- 2011
Paragraph
Penalization of people living in poverty 2011, para. 82c (iii)
- 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: Ensure that private suppliers of public services, and other non-public entities, do not discriminate against those living in poverty. States shall adopt legislative measures to prevent and punish violations of the rights of persons living in poverty by private entities;
- Legal status
- Non-negotiated soft 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
- N.A.
- Year
- 2011
Paragraph
Penalization of people living in poverty 2011, para. 82i (ii)
- 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: Ensure that to the greatest possible extent, bail processes take into account the economic and societal circumstances of persons living in poverty.
- Legal status
- Non-negotiated soft law
- 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
Paragraph
The right to participation of people living in poverty 2013, para. 12
- Paragraph text
- Lack of power is a universal and basic characteristic of poverty. Poverty is not solely a lack of income, but rather is characterized by a vicious cycle of powerlessness, stigmatization, discrimination, exclusion and material deprivation, which all mutually reinforce each other. Powerlessness manifests itself in many ways, but at its core is an inability to participate in or influence decisions that profoundly affect one's life, while decisions are made by more powerful actors who neither understand the situation of people living in poverty, nor necessarily have their interests at heart.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Person(s) affected
- All
- Year
- 2013
Paragraph
Access to justice for people living in poverty 2012, para. 43
- Paragraph text
- Non-registration of complaints by the police is a practice common in overburdened and underresourced criminal justice systems. In such cases, it is usually the complaints of persons living in poverty that go unregistered, owing to bias and discrimination, and their disempowerment and lack of knowledge and information about their rights. Cases involving gender-based violence, notably rape allegations, often go unregistered, particularly when the victim is a woman living in poverty and lacks awareness or the means to pressure the police to investigate.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Poverty
- Violence
- Person(s) affected
- Women
- Year
- 2012
Paragraph
The World Bank and human rights 2015, para. 6
- Paragraph text
- The Articles of Agreement of the International Bank for Reconstruction and Development (IBRD) contain several provisions commonly referred to as the "political prohibition". Most importantly, article IV, section 10 provides that: "The Bank and its officers shall not interfere in the political affairs of any member, … Only economic considerations shall be relevant to their decisions …". Successive General Counsels of the Bank have provided legal interpretations that have sought to distinguish legitimate "economic considerations" from inappropriate "political" factors.
- Legal status
- Non-negotiated soft law
- 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
- 2015
Paragraph
The UN responsibility for the cholera outbreak in Haiti 2016, para. 63
- Paragraph text
- Third, various precedents exist for the United Nations to make one-time lump-sum payments for damages caused by peacekeeping operations. An agreement reached with Belgium in 1965 involved acceptance of "financial liability where the damage is the result of action taken by agents of the United Nations in violation of the laws of war and the rules of international law", but was stated to be "without prejudice to the privileges and immunities which the United Nations enjoys". Similar agreements were also entered into with Luxembourg in 1966 and Italy in 1967.
- Legal status
- Non-negotiated soft law
- 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
- 2016
Paragraph
Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 92
- Paragraph text
- States should only adopt legal and policy measures that are compatible with the sustainability and prosperity of communities in both rural and urban areas. Climate change and environmental degradation will continue to endanger the lives and livelihoods of the poorest and most disadvantaged, many of whom rely on natural resources as a basic means of survival. Activities undertaken by rural populations, such as agriculture, aquaculture, fishery and forestry, are severely exposed to climate change.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Person(s) affected
- All
- Year
- 2011
Paragraph
Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 93
- Paragraph text
- States need to focus efforts on a recovery that can prepare for and mitigate the effect of future climatic crises, through, for example, social protection programmes that provide economic security to individuals most likely to be affected by crises. States should also make human rights impact assessments and risk analyses prior to initiating climate change mitigation or adaptation projects in order to avoid adverse effects on the enjoyment of human rights.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Humanitarian
- Person(s) affected
- All
- N.A.
- Year
- 2011
Paragraph
Extreme poverty and human rights on universal basic income 2017, para. 27
- Paragraph text
- Broader political support is suggested by former United States Secretary of Labor Robert Reich, who suggests that basic income could possibly be financed out of the profits coming from labour-replacing innovations, or perhaps even from a revenue stream generated by the underlying intellectual property. And a book by the former President of the Service Employees International Union, Andy Stern, also calls for a universal basic income to address a new economy characterized by high unemployment, stagnant wages, declining trade union power, and decreasing job security.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Extreme poverty and human rights on universal basic income 2017, para. 66d
- Paragraph text
- [One of the biggest challenges in relation to basic income is to move beyond its chameleon-like character. There are many versions of it, and each is supported by a diverse array of actors, precisely because they see different attractions in the concept. To assess the utility and acceptability of basic income from a human rights perspective, it is helpful to identify the main categories of motivation.] The right to work, either in the sense of promoting full employment for the community or of the individual being able to choose satisfying work;
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Extreme poverty and human rights on universal basic income 2017, para. 69
- Paragraph text
- The starting point is to acknowledge that economic insecurity represents a fundamental threat to human rights. It is not only a threat to the enjoyment of economic and social rights, even though they are a principal concern. Extreme inequality, rapidly increasing insecurity, and the domination of politics by economic elites in many countries, all threaten to undermine support for, and ultimately the viability of, the democratic systems of governance upon which the human rights framework depends.
- Legal status
- Non-negotiated soft law
- 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
- 2017
Paragraph
Extreme poverty and human rights on universal basic income 2017, para. 59
- Paragraph text
- The most committed proponents of basic income proclaim their approach to be utopian, not in the sense of being unrealistic or unachievable, but as providing a highly ambitious, sweeping, and progressive vision. Critics or sceptics who raise objections based on unaffordability, the unacceptability of unconditionality or the unrealistic change in mentality required will often be dismissed as unimaginative defenders of an obviously unsatisfactory status quo.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
The UN responsibility for the cholera outbreak in Haiti 2016, para. 52
- Paragraph text
- Issues of fundamental principle have not, as the preceding analysis demonstrated, been at the heart of the concerns of those supporting the current abdication approach of the United Nations. Instead, a range of practical or instrumentalist concerns have been raised. These concerns are important, especially because they seem to explain the depth of the opposition to a policy which would conform to the ideals and fundamental principles of the United Nations and would accept responsibility and facilitate appropriate action.
- Legal status
- Non-negotiated soft law
- 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
- 2016
Paragraph
Social protection and old age poverty 2010, para. 63
- Paragraph text
- While including wealthier older people in a universal scheme may be a legitimate concern of States in the context of scarce resources, when there is a high level of poverty and low contributory pension coverage, the proportion of non-poor older people covered by the universal pension is likely to be small. Moreover, evidence suggests that attempts to exclude the wealthiest from a social pension may decrease political support, create disincentives to contributing to other pensions systems and even increase the total costs.
- Legal status
- Non-negotiated soft law
- 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
- Older persons
- Year
- 2010
Paragraph
Social protection and old age poverty 2010, para. 88
- Paragraph text
- Considering limited fiscal resources, in some countries, it could be possible to begin with a universal pension offered at an advanced age (providing adequate level of benefits) and from there slowly extend the programme to include persons of a less advanced age. However, this should be carefully examined. While a high age requirement could reduce costs and help the programme to be implemented immediately and later scaled up, if the age requirement is too high it may be regressive, as it could predominantly benefit the better-off in society.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Year
- 2010
Paragraph
Social protection and old age poverty 2010, para. 92
- Paragraph text
- In accordance with the interpretation of the Committee on Economic, Social and Cultural Rights, the right to health must be understood as a right to the enjoyment of a variety of facilities, goods, services and conditions necessary for the realization of the highest attainable standard of physical and mental health. This includes the obligation of the State to guarantee timely and appropriate access to health care and address underlying determinants of health, such as access to safe and drinkable water or an adequate supply of safe food.
- Legal status
- Non-negotiated soft law
- 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
- 2010
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".
- Legal status
- Non-negotiated soft law
- 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
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";
- Legal status
- Non-negotiated soft 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
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.
- Legal status
- Non-negotiated soft law
- 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
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;
- Legal status
- Non-negotiated soft law
- 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
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;
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft 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
- Ethnic minorities
- Women
- Year
- 2014
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.
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Person(s) affected
- N.A.
- Year
- 2014
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.
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Poverty
- Person(s) affected
- N.A.
- Year
- 2010
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.
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft law
- 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
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).
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft law
- 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
Paragraph