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Access to justice for people living in poverty 2012, para. 95
- Paragraph text
- Given the great diversity of social contexts, there is no "one size fits all" solution for ensuring access to justice for persons living in poverty. Differing national and local contexts create a variety of challenges and opportunities for reform that must be taken into account. Success in all contexts, however, will share the features of a human rights-based approach. Solutions require tackling not only legal obstacles but also a range of extralegal factors: social, economic, cultural, linguistic, etc. Solutions must be sought at local levels, designed and implemented with the active participation of the communities affected. Therefore, policymakers and legal authorities should have a specific contextual understanding of local legal institutions and the variety of obstacles on the ground that impede access to justice by persons living in poverty, and implement multidimensional solutions that can strengthen their agency and ensure their enjoyment of their rights. Special attention must be paid to women and groups that are particularly excluded, such as indigenous peoples, older persons and migrants. With this in mind, States must take immediate and effective action to ensure that persons living in poverty are not denied enjoyment of their human rights because of insurmountable obstacles which prevent them from accessing the justice system. To this end, the Special Rapporteur wishes to present the following recommendations.
- 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
- Persons on the move
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Access to justice for people living in poverty 2012, para. 86
- Paragraph text
- Informal justice systems are often more accessible to persons living in poverty and may have the potential to provide quick, affordable and culturally relevant remedies. However, informal justice mechanisms frequently exhibit some of the same weaknesses as State systems. For example, they may exclude women, minorities and disadvantaged groups, be susceptible to corruption and abuse of power, require payment from claimants or impose heavy fines, and in some there may be frequent lengthy delays in deciding cases.
- 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
- Ethnic minorities
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
The importance of social protection measures in achieving Millennium Development Goals (MDGs) 2010, para. 77
- Paragraph text
- Furthermore, registration processes can exacerbate social inequalities. What may appear to be a standard requirement can lead to the exclusion of linguistic minorities or persons with disabilities. Administrative barriers that inadvertently discriminate against those living in extreme poverty - for example, by requiring expensive identification documents, or requiring birth registration documents in areas where many people are not registered at birth - should be removed.
- 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
- Ethnic minorities
- Persons with disabilities
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Extreme inequality and human rights 2015, para. 41
- Paragraph text
- In 1992, the Special Rapporteur of the Sub-Commission on Prevention of Discrimination and Protection of Minorities on the realization of economic, social and cultural rights, Danilo Türk, recommended that a special rapporteur on extreme poverty and human rights be appointed. He characterized income inequality as one of the main challenges of the time, and stated that income distribution within States remained distressingly inequitable. The Special Rapporteur lamented the fact that, in the 1980s, the urban working classes and large segments of the middle class had been impoverished, while groups and businessmen associated in one way or another with the internationalization of capital represented the major economic beneficiaries of the previous 10 years. He found that drastic measures to rectify that income injustice were required and that adequately carrying out poverty-reduction programmes and fulfilling economic, social and cultural rights throughout society was unthinkable without also redressing current income imbalances. He identified taxation as a central means of redressing existing imbalances of income distribution (see E/CN.4/Sub.2/1992/16, paras. 76-84).
- 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
- Ethnic minorities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Access to justice for people living in poverty 2012, para. 62
- Paragraph text
- Lack of legal aid for civil matters can seriously prejudice the rights and interests of persons living in poverty, for example when they are unable to contest tenancy disputes, eviction decisions, immigration or asylum proceedings, eligibility for social security benefits, abusive working conditions, discrimination in the workplace or child custody decisions. Indeed, exclusion of certain categories of claims from the scope of free legal aid, such as housing or immigration proceedings, or exclusion from representation before quasi-judicial tribunals, such as welfare or employment appeal boards, discriminates against the poor. Moreover, the legal processes which relate to such civil matters are often extremely complex and their requirements onerous, creating insurmountable obstacles for those without the assistance of a lawyer, particularly if the State or other party enjoys such assistance. This is particularly troubling with respect to civil matters involving the most vulnerable groups, such as indigenous peoples, persons with disabilities and ethnic minorities, who often face serious deprivations and violations of their rights, and lack the means or ability to contest them.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Poverty
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Access to justice for people living in poverty 2012, para. 21
- Paragraph text
- Persons living in poverty may choose not to seek justice because they fear reprisal or sanction from more powerful actors within or outside their community, or fear being stigmatized or discriminated against. Having experienced discrimination and abuse at the hands of the police and other authorities throughout their lives, people living in poverty are often averse to relying upon formal legal processes for fear of being subject to further exploitation or corruption, or of receiving an unjust outcome. Certain groups, such as ethnic minorities, indigenous peoples or irregular migrants, may be reluctant to engage with the justice system owing to concerns relating to the respect of their own values or owing to their immigration status.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Access to justice for people living in poverty 2012, para. 18
- Paragraph text
- Certain groups that suffer from structural discrimination and exclusion and are disproportionately represented among the poor, particularly ethnic and racial minorities, migrants and indigenous peoples, encounter additional barriers to accessing justice. Those difficulties are multiplied for women living in poverty, who experience compounded discrimination and disempowerment, not to mention financial constraints. Therefore, across different contexts, women living in poverty experience particular difficulties in accessing justice mechanisms and winning judicial recognition, action and enforcement for crimes, discrimination and human rights violations they are disproportionately subject to. Children are often denied the due process guarantees that they are entitled to on the same basis as adults, as well as additional protections that are necessary, in particular when they are particularly deprived or marginalized.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Poverty
- Social & Cultural Rights
- Person(s) affected
- Children
- Ethnic minorities
- Persons on the move
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 23
- Paragraph text
- Given the clearly disproportionate and devastating effect of the global economic and financial crises on vulnerable and disadvantaged groups, including children, persons with disabilities, older persons, indigenous peoples, ethnic minorities and migrants, States must be particularly careful to ensure that recovery measures do not exclude them or exacerbate their situation. Considering that gender inequality is a cause of and a factor that perpetuates poverty, effective recovery policies must take into account State obligations regarding gender equality and the protection of women's full range of rights.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Humanitarian
- Poverty
- Person(s) affected
- Children
- Ethnic minorities
- Persons on the move
- Persons with disabilities
- Women
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Penalization of people living in poverty 2011, para. 52
- Paragraph text
- In many countries, those entitled to social benefits are required to prove their entitlement by providing excessive amounts of documentation and disclosing irrelevant personal information. This is often a stressful and demeaning process for beneficiaries. Persons living in poverty face several obstacles and costs in gaining access to official documents. Documents may be expensive, and accessing them difficult for individuals who do not have a fixed address or lack proof of identity. This is particularly common in developing countries, where some of the most vulnerable and excluded people, particularly women and ethnic minorities, are not registered at birth. Obtaining documents also requires additional interactions with public officials who often lack sufficient understanding of the specific needs and circumstances of persons living in poverty. Anecdotal evidence shows that social benefit administrators are often inconsiderate or unsympathetic towards beneficiaries, who in addition to bureaucratic hurdles must overcome gaps in education, literacy and communication when seeking to comply with often complex and opaque requirements.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Person(s) affected
- Ethnic minorities
- Women
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Penalization of people living in poverty 2011, para. 10
- Paragraph text
- In every country, developed or developing, historical social divisions and power structures ensure that the poorest and most excluded are at a constant disadvantage in their relations with State authorities. Asymmetries of power mean that persons living in poverty are unable to claim rights or protest their violation. They may face obstacles in communicating with authorities owing to illiteracy, lack of information or language barriers, a situation which is particularly acute for migrants, indigenous peoples, ethnic minorities and persons with disabilities. As a result, they are less likely to know and understand their rights and entitlements or to report infringements and abuses.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Penalization of people living in poverty 2011, para. 7
- Paragraph text
- Penalization measures respond to discriminatory stereotypes that assume that persons living in poverty are lazy, irresponsible, indifferent to their children's health and education, dishonest, undeserving and even criminal. Persons living in poverty are often portrayed as authors of their own misfortune, who can remedy their situation by simply "trying harder". These prejudices and stereotypes are often reinforced by biased and sensationalist media reports that particularly target those living in poverty who are victims of multiple forms of discrimination, such as single mothers, ethnic minorities, indigenous people and migrants. Such attitudes are so deeply entrenched that they inform public policies and prevent policymakers from addressing the systemic factors that prevent persons living in poverty from overcoming their situation.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Social & Cultural Rights
- Person(s) affected
- Children
- Ethnic minorities
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The implementation of the right to social protection through the adoption of social protection floors 2014, para. 53
- Paragraph text
- International civil society groups should mobilize effectively and in coalition with groups in other sectors to advocate and promote the Social Protection Floor Initiative. While the Center for Economic and Social Rights joined with a range of other groups, including Amnesty International, to call for a commitment to social protection floors in the sustainable development goals, the great majority of international human rights groups have said little and done less on the issue. It is essential to acknowledge that extreme poverty, which continues to afflict hundreds of millions of people, is a negation of all human rights. International civil society groups in the human rights field fight valiantly to eliminate torture, to reduce and expose extrajudicial executions, to reduce violence against women, to outlaw discrimination and the oppression of minorities and so on, but if the elimination of extreme poverty is not a central part of the collective human rights vision, it is a highly selective battle that is being fought.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Poverty
- Person(s) affected
- Ethnic minorities
- Women
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
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