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Extreme poverty and human rights on universal basic income 2017, para. 3
- Paragraph text
- The fundamental values of the international human rights system are under attack in new and diverse ways in 2017. While competing explanations have been proffered, one that is included in most lists is that there is a rapidly growing sense of economic insecurity afflicting large segments of many societies. There is an increasing feeling of being exposed, vulnerable, overwhelmed and helpless, and of being systematically marginalized, both economically and socially. This situation, which previously seemed to be a fate reserved only for those living in low-income countries or in extreme poverty in high- and middle-income countries, now afflicts not just the unemployed and the underemployed, but also the precariously employed and those likely to be rendered unemployed in the foreseeable future as a result of various developments. Many of these individuals previously enjoyed a modicum of security and respect and felt that they had a stake in the overall system of government. As the new insecurity has ballooned and affected ever-greater numbers, many mainstream political parties have either remained oblivious, or have offered solutions that have only exacerbated the problems, further undermining faith in electoral democracy.
- 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
- 2017
- Date added
- Aug 19, 2019
Paragraph
The UN responsibility for the cholera outbreak in Haiti 2016, para. 77
- Paragraph text
- Unless the new approach also includes a revised legal policy, it will entrench a precedent according to which the United Nations will never in the future accept legal responsibility, no matter how horrendous the facts. That will be the ultimate ongoing travesty of justice.
- 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
- Date added
- Aug 19, 2019
Paragraph
The World Bank and human rights 2015, para. 65
- Paragraph text
- However, the use of a human rights framework and discourse actually makes an enormous difference, which is of course precisely why the Bank is so resistant to using it and so attached to the never-ending search for surrogate language that enables it to get at the same concerns. Human rights provides a context and a detailed and balanced framework; it invokes the specific legal obligations that States have agreed upon in the various human rights treaties; it emphasizes that certain values are non-negotiable; it brings a degree of normative certainty; and it brings into the discussion the carefully negotiated elaborations of the meaning of specific rights that have emerged from decades of reflection, discussion and adjudication. Even more importantly, the language of rights recognizes the dignity and agency of all individuals (regardless of race, gender, social status, age, disability or any other distinguishing factor) and it is intentionally empowering. Whether in the home, the village, school or workplace, or in the political marketplace of ideas, it makes a difference if one is calling for the realization of agreed human rights to equality or to water, rather than merely making a general request or demand, and human rights are inseparable from the notion of accountability. Where rights are ignored or violated, there must be accountability.
- 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
- 2015
- Date added
- Aug 19, 2019
Paragraph
The right to participation of people living in poverty 2013, para. 53
- Paragraph text
- Mechanisms, processes and channels should be adaptable to the local context, taking into account the specific needs of communities or individuals in different social and cultural settings, and also adaptable to changing local, national and international contexts and standards.
- 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
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right to participation of people living in poverty 2013, para. 51
- Paragraph text
- In the context of participation, availability means that channels of participation, access to information and accountability mechanisms must be made available in sufficient quantity (and be of sufficient quality) to meet the needs of the community in question.
- 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
- Date added
- Aug 19, 2019
Paragraph
Access to justice for people living in poverty 2012, para. 96
- Paragraph text
- [States should:] Ensure that lawyers and paralegals have access to people living in poverty who require their services in police stations, pretrial detention and prison facilities
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Poverty
- Person(s) affected
- All
- N.A.
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Access to justice for people living in poverty 2012, para. 96
- Paragraph text
- [States should:] Review and reform detention and incarceration systems to ensure that they do not have a disproportionately harsh impact on those living in poverty
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Poverty
- Person(s) affected
- All
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Access to justice for people living in poverty 2012, para. 96
- Paragraph text
- [States should:] Provide training and education programmes for judicial officers, judges, lawyers, prosecutors and the police focusing on the rights and particular needs of the poor
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Poverty
- Person(s) affected
- All
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Access to justice for people living in poverty 2012, para. 96
- Paragraph text
- [States should:] Actively disseminate legal and judicial information, for example about laws, legal decisions and policy decisions, to all without charge and in multiple formats and languages
- 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
- All
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Access to justice for people living in poverty 2012, para. 93
- Paragraph text
- The principle of the indivisibility and interdependence of human rights requires States to address a range of intersecting and mutually reinforcing deprivations and obstacles which prevent access to justice for the poorest.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Poverty
- Person(s) affected
- All
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Access to justice for people living in poverty 2012, para. 79
- Paragraph text
- Legal standing is the gateway for access to justice. To have access to the formal judicial system, it is necessary that the courts extend legal standing without discrimination, ensuring that all receive equal treatment when bringing claims, protesting violations or seeking 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
- All
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Access to justice for people living in poverty 2012, para. 75
- Paragraph text
- While many people find it difficult to understand legal or judicial terminology, the complexities increase for many persons living in poverty in multilingual and multi ethnic societies where legal proceedings are often conducted in a language that they do not understand.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Poverty
- Person(s) affected
- All
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Access to justice for people living in poverty 2012, para. 59
- Paragraph text
- Persons living in poverty are not only denied access to justice when they are unable to meet the cost of bribes or of engaging in other corrupt activities, but they are also deterred from accessing the justice system when they perceive the system to be corrupt.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Poverty
- Person(s) affected
- All
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Access to justice for people living in poverty 2012, para. 5
- Paragraph text
- Access to justice is crucial for tackling the root causes of poverty, exclusion and vulnerability, for several reasons. First, owing to their vulnerability, persons living in poverty are more likely to fall victim to criminal or illegal acts, including sexual or economic exploitation, violence, torture and murder. Crime and illegality are also likely to have a great impact on their lives as it is hard for them to obtain redress and as a result they may fall further into poverty. Second, access to justice is important because justice systems can be tools to overcome deprivation, for example, by developing jurisprudence on social and economic rights. Third, when vulnerable persons cannot access justice systems, they are sometimes forced to take justice into their own hands through illegal or violent means, or to accept unjust settlements. Thus, fair and effective justice systems are an important way to tackle impunity and reduce violence and conflict. Fourth, the inability of the poor to pursue justice remedies through existing systems increases their vulnerability to poverty and violations of their rights. In turn, their increased vulnerability and exclusion further hamper their ability to use justice systems. This vicious circle impairs the enjoyment of several human rights.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Poverty
- Person(s) affected
- All
- 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. 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
- Date added
- Aug 19, 2019
Paragraph
Taxation and human rightss 2014, para. 23
- Paragraph text
- To ensure accountability, fiscal policies, including, for example, tax incentives granted to foreign investors, should be open to judicial oversight, while public officials should be accountable for decisions that endanger the enjoyment of human rights. Accessible mechanisms for complaints and redress should also be put in place.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
The implementation of the right to social protection through the adoption of social protection floors 2014, para. 50
- Paragraph text
- Future advocacy for social protection floors needs to acknowledge the lessons that are to be learned from past experience. First, the reality is that in many states the political will to eliminate poverty is lacking and, in the absence of a major change in priorities, the situation will at best improve only incrementally. Far from being a tragedy about which nothing can be done because of financial constraints, the persistence of extreme poverty is the result of a series of deliberate and conscious decisions by key actors who have chosen to prioritize other goals. Those living in poverty have been largely disempowered and their economic position reflects their political marginality. Extreme poverty remains a scourge which the international community has lamented at great length and with a collective gnashing of teeth, but that same community has all too often refused to take the measures required to eliminate the problem. Embracing the Social Protection Floor Initiative would constitute a compelling change of course and mark a genuinely new beginning in the struggle against extreme poverty.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Poverty
- Person(s) affected
- All
- N.A.
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Extreme poverty and human rights on universal basic income 2017, para. 71
- Paragraph text
- Third, contrary to the orthodoxy promoted by economic institutions and corporate actors in recent years, there needs to be a resurgence of support for the central role of the State, and recognition of the importance of fair and progressive fiscal policies, and of the indispensability of policies to ensure redistributive justice.
- 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
- Date added
- Aug 19, 2019
Paragraph
Marginality of economic and social rights 2016, para. 57
- Paragraph text
- Nevertheless, some of the major international NGOs continue to approach economic and social rights in ways that do very little to change the marginality of those rights within the field. This is especially problematic because these organizations still disproportionately influence the overall shape of the non-governmental agenda, especially at the international level. Good faith efforts in recent years to develop a more positive and proactive approach to economic and social rights have succeeded in moving the field forward in relation to several issues that are important, even though they represent a rather narrow slice of the overall economic and social rights pie. Reporting on issues such as forced evictions, maternal mortality, discrimination in access to schooling, access to palliative care and to HIV/AIDS drugs, and sexual and reproductive health, has contributed significantly in these areas, but the approaches adopted have too often relied almost entirely on using a discrimination lens and avoided reliance on the economic and social rights framework. When combined with policies that eschew issues that involve redistributing resources or require significant budgetary allocations, the approach can amount to a self-denying ordinance that effectively maintains the status quo and ensures that the core economic and social rights issues will not be adequately addressed.
- 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
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Marginality of economic and social rights 2016, para. 37
- Paragraph text
- In considering which institutions are most likely to be best placed to promote knowledge and understanding of economic and social rights at the domestic level, two types of actors seem most relevant. The first being the government agencies that are responsible for making and implementing policy in the relevant sectors. Thus, government ministries dealing with education, social protection, health, nutrition and so on might be expected to take the lead in promoting a rights-based understanding. This is not to argue, as is sometimes suggested in the literature on rights-based approaches to development, that everything these ministries do should be guided by and seen through the lens of human rights. Nonetheless, one might expect the ministry of education, for example, to acknowledge that there is a right to education and to spell out what that means in specific policy terms. While it is well beyond the scope of this report to explore how common such an approach is among sectoral ministries in most countries, it can be said by way of generalization that the phenomenon is not common. There are some indications that the health sector might be moving more in that direction under the impetus of the movement for universal health coverage. Similarly, social security is increasingly seen in terms of the right to social security as a result of the Social Protection Floor Initiative.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- N.A.
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Marginality of economic and social rights 2016, para. 11
- Paragraph text
- In addition to highlighting the intrinsic linkages among all rights, the principal significance of this bold assertion was to signal that economic, social and cultural rights are as important as civil and political rights and must be accorded equal attention. And the past quarter of a century has indeed seen a great number of important initiatives, especially in sectoral areas such as the right to housing, the right to food, the right to health and the right to water, and more consistent tribute being rendered to the principle of indivisibility. But acceptance in law and in practice of the idea that economic and social rights are actually human rights, with the set of clear legal consequences that this entails, rather than a set of concerns synonymous with development or social progress, remains marginal. This marginality manifests itself in the work of United Nations human rights bodies, in both the theory and practice of the great majority of States, in the work of many of the most prominent civil society groups focusing on human rights, in the interests and priorities of scholars and commentators and, perhaps most counter-intuitively, even in the work of most international agencies promoting poverty alleviation and social development. As a result, the principal of indivisibility continues to be honoured more in the breach than in the observance.
- 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
- All
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The UN responsibility for the cholera outbreak in Haiti 2016, para. 50
- Paragraph text
- Fourth, it is recognized in the Convention on the Privileges and Immunities of the United Nations of 1946, in the status-of-forces agreement and in United Nations practice that appropriate remedies should be provided where disputes arise in relation to liability for acts of a private character.
- 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
- Date added
- Aug 19, 2019
Paragraph
The UN responsibility for the cholera outbreak in Haiti 2016, para. 48
- Paragraph text
- Second, it is agreed that United Nations actions should comply with human rights standards. The Organization specifically claims "to ensure that its peacekeeping operations and their personnel operate within the normative framework of international human rights law and are held accountable for alleged violations".
- 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
- N.A.
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Extreme inequality and human rights 2015, para. 49
- Paragraph text
- Having taken the principled position that there must be limits to inequality, States should then formally commit themselves to policies explicitly designed to reduce, if not eliminate, extreme inequality. Political recognition of the challenge and the holding of a meaningful and sustained public debate on the most appropriate measures to be taken is the starting point for genuine efforts to reduce extreme inequality.
- 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
- 2015
- Date added
- Aug 19, 2019
Paragraph
Extreme inequality and human rights 2015, para. 17
- Paragraph text
- In all modern democracies, laws, regulations and institutions influence, and are influenced by, the distribution of economic and other forms of power. Economic inequalities are not only the result of market forces, but equally of political forces that affect laws, regulations and institutions. A full understanding of economic inequalities therefore requires an examination of the exercise of political power.
- 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
- 2015
- Date added
- Aug 19, 2019
Paragraph
The World Bank and human rights 2015, para. 85
- Paragraph text
- The Bank should adopt a policy addressing economic, social and cultural rights as human rights. Its frequent claims to be almost inadvertently doing this already are not persuasive, but there is much that it could do to promote a basic programme in this area, which would add enormous value to what the international community has so far been able to achieve.
- 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
- 2015
- Date added
- Aug 19, 2019
Paragraph
The World Bank and human rights 2015, para. 59
- Paragraph text
- Fourth, the Bank needs to bring its operational policies into line with mainstream development theory, especially its own. In 1999, Amartya Sen published a landmark study entitled Development as Freedom, based on lectures given at the Bank. Sen made a powerful case that freedom and the enjoyment of a range of rights were integral to achieving meaningful development. More recently, William Easterly has argued that "the cause of poverty is the absence of political and economic rights, the absence of a free political and economic system that would find the technical solutions to the poor's problems". He dismissed policies that seek to artificially separate human rights from development as technocratic illusions. The Bank itself has often paid lip service to the consensus that has emerged since the end of the cold war that recognizes that "democracy, development and respect for human rights and fundamental freedoms are interdependent and mutually reinforcing," as proclaimed in the Vienna Declaration and Programme of Action, adopted by consensus by 171 States in 1993. By staunchly maintaining the technocratic illusion, not in its conceptual work, but in its operations where it really matters, the Bank has not only placed itself firmly outside mainstream development thinking and policies formally endorsed by all States, but perhaps more problematically has sent the message that rights and development can, and in its own case must, be kept separate. The flow-on effect of that negative example cannot be underestimated;
- 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
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The World Bank and human rights 2015, para. 40
- Paragraph text
- It is particularly striking that one of the most complex and contentious issues confronting the Bank in the twenty-first century, namely a human rights policy, is resolved not on the basis of any detailed legal or empirical analysis, or of transparent debates within the Bank, but on the basis of a legal opinion rooted in the politics of the last century and based on a mode of legal analysis that has long been considered to be unjustified and unsustainable in relation to almost every other issue.
- 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
- 2015
- Date added
- Aug 19, 2019
Paragraph
The right to participation of people living in poverty 2013, para. 66
- Paragraph text
- Organizers should ensure that there are effective complaint mechanisms in place in advance of the process starting. Responsibilities and the relevant chain of accountability for decision-making and the process itself should be made clear from the outset, and participants should be made aware of their rights and responsibilities. Participants must periodically evaluate the process, with indicators derived from their priorities. Where appropriate, independent advisers should monitor the process.
- 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
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right to participation of people living in poverty 2013, para. 65
- Paragraph text
- Accountability is a critical feature of a human rights approach to participation. Participation understood as a right implies rights holders and duty bearers who can and must be held to account for failure to respect, protect and fulfil that right. To this end, people need access to procedures and institutions that provide redress and remedy, and mechanisms to ensure that their Government ful?ls the right of access to information and the right to 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
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph