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Access to justice for people living in poverty 2012, para. 96
- Paragraph text
- [States should:] Ensure that, in linguistically plural societies, court processes operate in languages used by the poorest communities where necessary and can adapt to intercultural communication
- 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
- 2012
Paragraph
Extreme inequality and human rights 2015, para. 45a
- 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):] The growth in the world economy since 1987 has been accompanied by a marked negative distribution of income at both the international and national levels;
- 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
Extreme inequality and human rights 2015, para. 45c
- 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):] Bad income distribution, when accompanied by economic growth, causes explosive social situations;
- 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
- 2015
Paragraph
Extreme inequality and human rights 2015, para. 45d
- 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 is very closely linked to the full enjoyment and realization of human rights and persistently bad distribution of income is also the cause of persistent violations of human rights; intolerable degrees of income inequality constitute a violation of the norms of national and international coexistence and therefore of the rights of persons;
- 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
- 2015
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.
- 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
Extreme poverty and human rights on universal basic income 2017, para. 4
- Paragraph text
- The neoliberal policies encapsulated in the 1980s-era Washington Consensus can be seen, especially in retrospect, to have greatly exacerbated economic insecurity, whether or not that was the intent. The State was assumed to be intrinsically inefficient and corruption-prone, and this led to constant pressure to shrink all those parts of it that provided social and basic economic services to the populace, while vindicating and reinforcing the State in its role as the regulator facilitating and legitimizing the privatization of the economy. Social security and social protection was transformed, including through the explicit policies of the World Bank and the International Monetary Fund, into a minimalist notion of “social safety nets” designed to avoid the very worst outcomes and make the State look beneficent while empowering officials dedicated to devising ever more efficient “targeting” mechanisms and to rooting out overinclusion while playing down underinclusion. The objectives of promoting tax reform and prudent fiscal policies turned into a race to the bottom to set the lowest individual and corporate tax rates, attracting businesses through expensive exemptions, turning a blind eye to illegal or unconscionably evasive tax practices, and eliminating estate taxes and other measures that would bring about even minimal redistribution. Privatization was promoted even in relation to what were once seen as basic State functions, such as prisons, education and security. In some States, even the justice system has been partly privatized, whether through onerous court fees for the poor or the channelling of consumer and other complaints into private arbitration.
- 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
- 2017
Paragraph
Extreme poverty and human rights on universal basic income 2017, para. 8e
- 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 ascent of a new neoliberal agenda, which involves further fetishization of low tax rates, demonization of the administrative State, deregulation as a matter of principle, and the privatization of remaining State responsibilities in the social sector, risks leaving the State in no position to protect or promote social rights meaningfully.
- 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
- 2017
Paragraph
Extreme poverty and human rights on universal basic income 2017, para. 45
- Paragraph text
- Internationally, social protection floors have been promoted in the context of the Social Protection Floor Initiative, launched in 2009. This initiative culminated in the 2011 report by the Social Protection Floor Advisory Group (the “Bachelet report”) and in the Social Protection Floors Recommendation, 2012 (No. 202). And Sustainable Development Goal 1 advocates “appropriate social protection systems and measures for all, including floors”.
- 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
- 2017
Paragraph
Extreme poverty and human rights on universal basic income 2017, para. 47
- Paragraph text
- Basic income is thus not at odds with social protection floors, with universality being a key assumption of both. While basic income proponents have suggested that the reference to “basic income security” in recommendation No. 202 is a much broader concept than their idea of basic income, they see social protection floors as a “significant step toward basic income by legitimizing the idea of basic income security as an essential ingredient for human development”.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Extreme poverty and human rights on universal basic income 2017, para. 54
- Paragraph text
- But how would these expenditures be paid for? Piachaud notes that a full basic income that “replaces social security is far more costly than social security, and this has to be paid for from higher taxes on all incomes with far-reaching economic consequences”.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Extreme poverty and human rights on universal basic income 2017, para. 65
- Paragraph text
- This is where the basic income debate comes in. A focus on social protection more broadly defined might be a more propitious entry point to tackle these issues. Governments remain centrally responsible for ensuring appropriate levels of social protection within their borders, they have a self-interest in promoting stability and economic security, and they control the resources needed.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Extreme poverty and human rights on universal basic income 2017, para. 74
- Paragraph text
- Sixth, and most important, the debates over social protection floors and basic income need to be brought together. They have thus far been kept largely separate, in a counterproductive and ultimately self-defeating way. It is true that there are points of divergence between the two concepts, but they have vastly more potential if their synergies are recognized, rather than being ignored. Among the differences are the following: (a) the social protection floor mostly draws on experience in developing countries, while basic income advocates tend to emphasize developed countries; (b) social protection floors aim to guarantee both income security and access to essential social services, while basic income schemes only guarantee income; (c) the concept of basic income security is broader than basic income cash transfers, since it also includes in-kind transfers; (d) social protection floors focus not only on achieving social guarantees for all, but also on gradually implementing higher standards; (e) social protection floors are not viewed as alternatives to social insurance institutions, while some basic income proponents aim to replace existing social insurance institutions; and (f) the Social Protection Floors Recommendation, 2012 (No. 202) is premised upon human rights, unlike most basic income schemes. But the proponents of the two approaches have an immense amount in common, and if it is recognized that basic income is not an idea that can be achieved in a single leap, there could be no better and more elaborate and widely supported programme than that for the social protection floor.
- 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
- 2017
Paragraph
Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 12
- Paragraph text
- Even when resources are limited, States are legally bound to respect, protect and fulfil international human rights obligations. For State parties to the International Covenant on Economic, Social and Cultural Rights, this means, for example, that they must dedicate the maximum amount of resources available to progressively achieve the full realization of all economic, social and cultural rights. The human rights perspective distinguishes between the inability and the simple unwillingness to act. States cannot use the economic damage caused by the crises to justify actions or omissions that amount to violations of basic human rights obligations. While economic, social and cultural rights are often subject to the principle of "progressive realization" depending on the availability of resources in each State, this principle also prescribes particular modes of conduct that are compulsory for all States, regardless of their level of development. These obligations considerably limit the discretion of States with regard to the implementation of economic, social and cultural rights, and require immediate action.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- 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. 20
- Paragraph text
- If a State uses "resource constraints" as an explanation for any retrogressive measure, the Committee on Economic, Social and Cultural Rights will assess the situation considering, inter alia, the country's level of development, the severity of the breach, whether the situation concerned the enjoyment of the minimum core content and whether the State had identified low-cost options, or had sought international assistance.
- 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
- 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. 39
- Paragraph text
- The section below looks through a human rights lens at some of the specific measures that States are designing and implementing, and highlights the ways in which they may pose a threat to the enjoyment of economic, social and cultural rights of the most vulnerable sectors of societies.
- 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
- 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. 40
- Paragraph text
- In order to avert the worst effects of the crises, and drawing from the experience of previous crises in which social protection systems played an important role, many low- and mid-income countries have allocated significant percentages of their stimulus packages to social protection initiatives.
- 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
Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 41
- Paragraph text
- In those countries in which social protection schemes were already in place, protected by legislative or constitutional measures and constructed in accordance with a human rights framework, individuals and households most at risk of economic hardship were able to rely on social protection mechanisms to mitigate the social and economic effects of the crises and thus enjoyed stronger protection of their rights. This was the case in a number of Latin American countries that have well-developed and supported social protection systems. Where no adequate pre-existing social protection mechanisms were in place, States' investments in social protection were less able to respond to the effects of the economic downturn, although they still provided an important form of support to those most affected by the crises.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 42
- Paragraph text
- Social protection systems play an exceptionally important role in protecting the enjoyment of several economic, social and cultural rights of the poorest and most vulnerable during times of economic shock and other forms of crisis. Therefore, it is of concern that some States are now proposing reductions in funding to social protection systems as part of their recovery plans. These proposed reductions go against the repeated political commitments made by States to provide and promote comprehensive social protection systems as key measures for recovery.
- 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
Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 44
- Paragraph text
- Cuts to social protection systems may violate the prohibition of retrogressive measures and seriously compromise the ability of States to ensure minimum essential levels of human rights for all, particularly the most vulnerable. By further targeting social protection mechanisms, States run a much higher risk of excluding those most in need of support, which would violate human rights principles regarding non-discrimination and equality and undermine the obligation to prioritize the most vulnerable. If targeting is adopted, Governments must comply with human rights principles that require, inter alia, minimizing exclusion errors and ensuring that targeting mechanisms are objective, transparent, open to scrutiny and do not stigmatize the beneficiaries. Targeted mechanisms should also be adopted within a long-term strategy of universal protection.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 46
- Paragraph text
- Reductions in the public wage bill will severely impede the delivery of social services. If remuneration to the providers of basic education and health care is reduced, this could have a potentially drastic impact on individuals' ability to easily and effectively have access such services. Limited or decreased staff numbers may hamper the ability of social services to respond to public demand, and the removal of allowances or incentive schemes might have an adverse impact on the efficiency of employees.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Social & Cultural Rights
- Person(s) affected
- All
- N.A.
- Year
- 2011
Paragraph
Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 51
- Paragraph text
- Taxation reform that comes in the form of cuts, exemptions and waivers may also disproportionately benefit the wealthier segments of society, discriminating against people living in poverty. States that institute tax cuts will decrease the resources available to realize their economic, social and cultural rights commitments and increase the risk that they will be unable to meet their obligation to utilize the maximum available resources for their fulfilment.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Poverty
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 66
- Paragraph text
- Social protection floor initiatives must be implemented from a rights-based approach. In previous reports, the Independent Expert has gone into considerable detail about the rights-based approach to social protection. The Expert reminds States that the right to social security is not dispensed with or diluted during times of crisis or recovery; indeed, it is more acute and pressing than ever. In order to ensure that social protection systems are in line with human rights standards, States should establish a solid legal and institutional framework for social protection measures at the national level.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 67
- Paragraph text
- By creating legal entitlements or social protection guarantees , States ensure that beneficiaries are empowered and become rights-holders. This also ensures the continuity of the programme, protecting it against political manipulation and preventing programmes from being captured by the private sector or local elites. The legal and institutional framework regulating social protection should clearly define the role and responsibilities of all stakeholders and must guarantee the existence of accessible complaint mechanisms.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 83
- Paragraph text
- The human rights framework obliges States to take measures to ensure that individuals under their jurisdiction are protected from infringements of their rights by third parties, and to take all available legal or policy measures to prevent third parties from violating economic, social and cultural rights. Accordingly, States should take immediate steps to regulate the actions of banking and financial sector entities under their control, in order to prevent them from violating or infringing upon human rights.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- N.A.
- Year
- 2011
Paragraph
Marginality of economic and social rights 2016, para. 18
- Paragraph text
- There is also the question of the legitimacy of the overall human rights enterprise. The economic and social rights framework is increasingly portrayed by critics as being toothless and ineffectual and bringing small or no returns in terms of social justice. Based on such critiques, commentators have argued that only a radically different, non-human rights-based, language could meaningfully address these challenges, that economic and social rights mandates are diverting resources away from the rights that matter, that only political parties and social movements and not human rights groups have the potential to achieve social justice objectives, and that free markets and private enterprise hold the key to economic and social rights in the wake of clear governmental failures in this domain.
- 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
- 2016
Paragraph
Marginality of economic and social rights 2016, para. 19
- Paragraph text
- Closely linked to this loss of legitimacy is a loss of credibility in the eyes of rights holders. The second-class status of economic and social rights has deeply negative consequences for the potential of the human rights movement to gain the widespread support that it needs in order to establish its credibility in the eyes of the literally billions of people whose fundamental needs continue to be of only minor relevance to the core human rights agenda. The fact that the movement is subject to powerful challenges at the global level is due in significant part to the perception that its overriding preoccupations do little or nothing to address the most abiding and pressing challenges confronted by a large part of humanity.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Marginality of economic and social rights 2016, para. 20
- Paragraph text
- States' obligations under human rights treaties are described in different ways in different treaties. In civil and political rights contexts, the obligation is to respect and to ensure, whereas economic, social and cultural rights standards reflect an obligation to recognize the rights and take steps to realize them progressively. In spelling out those obligations, international bodies and commentators have commonly identified duties to protect, respect and fulfil.
- 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. 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.
- 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. 28
- Paragraph text
- Human rights are often expressed with great brevity and little or no elaboration as to their content or corresponding obligations. The relevant treaties simply recognize that there is a right to life, a right to social security or a right to recognition as a person before the law. But the assumption underpinning this approach is that institutions will be created and will help to develop the normative content of the relevant right, promote its implementation and facilitate its realization. In Spanish, the term institucionalidad is sometimes used to denote the institutional arrangements that are needed to underpin the rule of law and human rights. Where no institutions are designated to take the lead in implementing a particular human right, the likelihood is that little will be done to treat it as a human right per se. This is especially the case in relation to economic and social rights.
- 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
- 2016
Paragraph
Marginality of economic and social rights 2016, para. 38
- Paragraph text
- The second type of institutional actor that could be expected to play a key role in promoting economic and social rights is national human rights institutions, of which there are now almost 120. In 1998, the Committee on Economic, Social and Cultural Rights called upon national human rights institutions to take a more active role in the promotion of economic and social rights. The most detailed scholarly study of those institutions yet undertaken concludes that, if they "can be faulted as a group for one thing, it is an insufficient challenge to the material conditions that perpetuate human rights violations". Specialist studies indicate that while a handful of such institutions have devoted significant attention to economic and social rights, the vast majority have not. The reasons cited include absent or restrictive mandates, lack of expertise, lack of resources, absence of political support and the complexity of the issues. The bottom line is that few of these "institutions are producing regular, comprehensive reports on ESC rights fulfilment in their countries".
- 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