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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.
- 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
- Date modified
- Feb 13, 2020
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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 The first is the determination to abide by the unpublished legal opinion that declares the claim not to be of a private character.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.
- 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
- Date modified
- Feb 13, 2020
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The UN responsibility for the cholera outbreak in Haiti 2016, para. 29
- Paragraph text
- The claimants challenged the non-receivability finding and requested either mediation or a meeting to discuss the matter. In July 2013, the Under-Secretary-General wasted no words in dismissing such requests: "In relation to your request for the engagement of a mediator, there is no basis for such engagement in connection with claims that are not receivable. As these claims are not receivable, I do not consider it necessary to meet and further discuss this matter." Left with no further recourse within the United Nations, the claimants filed a class action suit in October 2013 with the United States District Court for the Southern District of New York. In January 2015, the court ruled that the defendants were immune from suit, a finding upheld on 19 August 2016 in Georges v. United Nations by the Court of Appeals for the Second Circuit.
- 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
- Date modified
- Feb 13, 2020
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.
- 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
- Date modified
- Feb 13, 2020
Paragraph
The UN responsibility for the cholera outbreak in Haiti 2016, para. 83
- Paragraph text
- First and foremost, there should be an apology and an acceptance of responsibility in the name of the Secretary-General.
- 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
- N.A.
- Year
- 2016
- Date modified
- Feb 13, 2020
Paragraph
The UN responsibility for the cholera outbreak in Haiti 2016, para. 24
- Paragraph text
- From a legal perspective, there are essential flaws in the reasoning of the panel in finding no fault. First, the experts' conclusion that the MINUSTAH base was the source makes it very difficult to then conclude that no individual or group was at fault. Second, the experts provide no analysis whatsoever to support their no fault assertion. Third, and most importantly, in its report the panel adopts a scientific rather than a legal approach, but this does not prevent it from purporting to offer a legal conclusion that no fault can be found, although it neither identifies any legal standard nor undertakes any legal assessment of evidence. The explanation it subsequently provided - that it did not "feel" that cholera was "deliberately" introduced - completely fails to mention, let alone address, the central issue of negligence which lies at the heart of the legal issue of fault in this case. These flaws clearly invalidate the no fault finding on which the United Nations has consistently sought to rely so heavily in order to avoid responsibility.
- 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
- Date modified
- Feb 13, 2020
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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.
- 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
- Date modified
- Feb 13, 2020
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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
- Date modified
- Feb 13, 2020
Paragraph
The right to participation of people living in poverty 2013, para. 86a (i)
- Paragraph text
- [In order to comply with their human rights obligations regarding the right to participation, the Special Rapporteur recommends States undertake the following actions:] Legal and institutional framework: Adopt a legal framework that includes the explicit right of individuals and groups to participate in the design, implementation and evaluation of any policy, programme or strategy that affects their rights, at the local, national and international levels. This should include: a. Putting in place operational guidelines, policies and capacity-strengthening measures to enable public officials to apply these laws, and ensuring that these are adaptable to different contexts and allow innovation based on feedback from the ground. b. Requiring the establishment of inclusive participatory mechanisms at the local and national levels. c. Explicitly including the duty of policymakers and public officials to actively seek and support the meaningful participation of people living in poverty. d. Setting and enforcing minimum standards for participatory processes, including thresholds for participation of people living in poverty and disadvantaged groups such as women, minorities and persons with disabilities.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Poverty
- Person(s) affected
- N.A.
- Year
- 2013
- Date modified
- Feb 13, 2020
Paragraph
Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 90
- Paragraph text
- In order to satisfy their human rights obligations and thus ensure participation and transparency in policy formulation, States should construct permanent structures and pathways for consultation with individuals, civil society, community organizations, grass-roots movements and the academic community. They should also take measures to invest in the capacity of these groups to contribute to and participate in policy formulation.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2011
- Date modified
- Feb 14, 2020
Paragraph
Marginality of economic and social rights 2016, para. 55
- Paragraph text
- Despite these impressive reporting figures, in half of the concluding observations the Committee recommended that measures be taken to ensure the "direct applicability" of the Covenant in the domestic legal order. In slightly less than half of the concluding observations, the Committee also recommended that the State concerned seek to raise awareness of the justiciability of the rights. And in almost every concluding observation (27), the Committee recommended that legislation be enacted or amended in order to implement Covenant obligations.
- 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
- 2016
- Date modified
- Feb 14, 2020
Paragraph
The UN responsibility for the cholera outbreak in Haiti 2016, para. 67
- Paragraph text
- The Special Rapporteur has argued above that the major concerns that appear to underlie the abdication approach can all be addressed satisfactorily without jeopardizing any core interests of the United Nations or its Member States. But the case to be made in favour of action is actually much stronger than that conclusion might suggest. Thus, before outlining what a constructive and responsible approach might look like, it is important to highlight the positive reasons which argue strongly for an urgent change of policy.
- 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
- Date modified
- Feb 14, 2020
Paragraph
The right to participation of people living in poverty 2013, para. 86h (iv)
- Paragraph text
- [In order to comply with their human rights obligations regarding the right to participation, the Special Rapporteur recommends States undertake the following actions:] Recommendations to national human rights institutions: Monitor compliance with the right to participation and provide reports thereon to public authorities, civil society and United Nations human rights mechanisms.
- 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
- N.A.
- Year
- 2013
- Date modified
- Feb 14, 2020
Paragraph
The right to participation of people living in poverty 2013, para. 86g (iii)
- Paragraph text
- [In order to comply with their human rights obligations regarding the right to participation, the Special Rapporteur recommends States undertake the following actions:] Supporting the role of civil society: Protect organizations that promote participation from retaliation or interference by State agents or non-State actors.
- 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
- 2013
- Date modified
- Feb 14, 2020
Paragraph
The right to participation of people living in poverty 2013, para. 86a (vii)
- Paragraph text
- [In order to comply with their human rights obligations regarding the right to participation, the Special Rapporteur recommends States undertake the following actions:] Legal and institutional framework: Strengthen laws relating to freedoms of association, assembly and speech; media freedom; anti-corruption; access to information; and whistle-blower protection.
- 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
- N.A.
- Year
- 2013
- Date modified
- Feb 14, 2020
Paragraph
The right to participation of people living in poverty 2013, para. 86a (iii)
- Paragraph text
- [In order to comply with their human rights obligations regarding the right to participation, the Special Rapporteur recommends States undertake the following actions:] Legal and institutional framework: Promulgate and enforce legislation to prohibit discrimination of any kind, including on the basis of economic and social status.
- 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
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2013
- Date modified
- Feb 14, 2020
Paragraph
The right to participation of people living in poverty 2013, para. 86b(iv)
- Paragraph text
- [In order to comply with their human rights obligations regarding the right to participation, the Special Rapporteur recommends States undertake the following actions:] Resources: Grant the national human rights institution adequate resources to promote the right to participation and pursue accountability and remedies.
- 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
- N.A.
- Year
- 2013
- Date modified
- Feb 14, 2020
Paragraph
The right to participation of people living in poverty 2013, para. 86e (ii)
- Paragraph text
- [In order to comply with their human rights obligations regarding the right to participation, the Special Rapporteur recommends States undertake the following actions:] Accountability: Provide an accessible way for the public to hold public officials accountable for violation of the right to participation, as well as for any abuse during participatory processes.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- All
- N.A.
- Year
- 2013
- Date modified
- Feb 14, 2020
Paragraph
The right to participation of people living in poverty 2013, para. 86e (v)
- Paragraph text
- [In order to comply with their human rights obligations regarding the right to participation, the Special Rapporteur recommends States undertake the following actions:] Accountability: Train judges, lawyers and law enforcement officials to enhance judicial oversight and to prosecute any infringement of the right to participation.
- 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
- 2013
- Date modified
- Feb 14, 2020
Paragraph
The right to participation of people living in poverty 2013, para. 86d (v)
- Paragraph text
- [In order to comply with their human rights obligations regarding the right to participation, the Special Rapporteur recommends States undertake the following actions:] Access to information: Require prompt public noti?cation of decisions following participatory processes, including the reasons and considerations on which it is based.
- 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
- N.A.
- Year
- 2013
- Date modified
- Feb 14, 2020
Paragraph
The right to participation of people living in poverty 2013, para. 86g (i)
- Paragraph text
- [In order to comply with their human rights obligations regarding the right to participation, the Special Rapporteur recommends States undertake the following actions:] Supporting the role of civil society: Recognize the rights of civil society organizations to participate in the design, implementation and evaluation of public policy.
- 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
- 2013
- Date modified
- Feb 14, 2020
Paragraph
The right to participation of people living in poverty 2013, para. 86e (iv)
- Paragraph text
- [In order to comply with their human rights obligations regarding the right to participation, the Special Rapporteur recommends States undertake the following actions:] Accountability: Require public officials to publicly justify their eventual decisions or actions in light of public participation.
- 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
- N.A.
- Year
- 2013
- Date modified
- Feb 14, 2020
Paragraph
The UN responsibility for the cholera outbreak in Haiti 2016, para. 78
- Paragraph text
- The abdication approach has thrived because sterile legal formalism, facilitated by a failure to explore constructive options, has been permitted to prevail. But that approach is contrary to both the interests of justice and the interests of the United Nations.
- 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
- Date modified
- Feb 14, 2020
Paragraph
Marginality of economic and social rights 2016, para. 53
- Paragraph text
- In one third of the 32 lists of issues considered, the Committee requested information about the status of the Covenant within the State's domestic legal system. In almost all the lists, examples of cases in which domestic courts had considered or applied the Covenant were requested. In a little over half of the lists, States parties were asked about legislative measures taken to implement one or more of the rights.
- 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
- Date modified
- Feb 14, 2020
Paragraph
Access to justice for people living in poverty 2012, para. 96
- Paragraph text
- [States should:] Ensure that courts extend legal standing without discrimination to all persons regardless of, inter alia, their gender, ethnicity, legal status or lack of formal legal registration
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2012
- Date modified
- Feb 14, 2020
Paragraph
25 shown of 25 entities