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Access to justice for people living in poverty 2012, para. 96
- Paragraph text
- [States should:]
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 96
- Paragraph text
- [States should:] Provide free interpreters in civil and criminal cases for those who require but cannot afford them
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 96
- Paragraph text
- [States should:] Allow and support collective litigation when structural or systemic issues affect the rights of persons 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
- N.A.
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 96
- Paragraph text
- [States should:] Enhance legal skills and knowledge within local communities by, for example, funding and training quality paralegals at the local level
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 96
- Paragraph text
- [States should:] Put measures in place to ensure that legal, administrative and procedural fees relating to access to justice are waived for those who cannot afford them, including in small claims cases
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 96
- Paragraph text
- [States should:] Support mechanisms for alternative dispute resolution, where appropriate and in line with international human rights standards, ensuring that such mechanisms do not pose an obstacle to accessing the formal justice system for those that need or prefer it
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 96
- Paragraph text
- [States should:] Ensure that informal justice systems operate in a manner consistent with human rights standards and that there are regulatory mechanisms to prevent and sanction abuses of power and corruption
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 96
- Paragraph text
- [States should:] Ensure that legal aid application procedures take into account the individual experiences, needs and constraints of the poor; eligibility must not be assessed on the basis of household income where the applicant does not have practical access to household resources
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 96
- Paragraph text
- [States should:] Take measures to reduce the complexity of legal processes and minimize and streamline rules and procedures to make them more accessible for those unfamiliar with the traditions and rules of those processes
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 96
- Paragraph text
- [States should:] Allow class action suits, or alternative mechanisms for bundling claims, and in relevant areas permit socially relevant litigation to have erga omnes effects, to ensure that those who do not have access to courts can benefit from judicial decisions
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 96
- Paragraph text
- [States should:] Continue to extend and expand equal access to the formal justice system for persons living in poverty, even in areas where non-State legal orders operate
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Poverty
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 96
- Paragraph text
- [States should:] Review or abolish legislation that directly or indirectly discriminates against the rights, interests and livelihoods of persons 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
- N.A.
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 96
- Paragraph text
- [States should:] Establish mechanisms to oversee the legality and reasonableness of administrative and policy decisions that have an impact on the enjoyment by the poor of their rights
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 96
- Paragraph text
- [States should:] Ensure that serious crimes, including gender-based crimes or sexual violence, are dealt with within the formal justice system
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Violence
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 96
- Paragraph text
- [States should:] Expand the geographical reach of the justice system (police, prosecutors, courts, legal aid, etc.) in particular in rural and remote areas, by: Creating incentives for police officers and other officials to take postings in rural and remote areas, and attracting well-trained legal professionals to those areas
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 96
- Paragraph text
- [States should:] Ensure the possibility of strategic (public interest) litigation to challenge national laws or policies, to demand enforcement of existing laws or to strike down discriminatory laws that affect the poor
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 96
- Paragraph text
- [States should:] Ensure that legal aid lawyers are independent, adequately trained and remunerated, and meet the highest standards of the legal profession
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2012
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
Paragraph
Access to justice for people living in poverty 2012, para. 96
- Paragraph text
- [States should:] Ensure that cases where the rights of persons living in poverty are at stake are not subject to long delays which might exacerbate their situation
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Poverty
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
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
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
Paragraph
Extreme poverty and human rights on universal basic income 2017, para. 59
- Paragraph text
- The most committed proponents of basic income proclaim their approach to be utopian, not in the sense of being unrealistic or unachievable, but as providing a highly ambitious, sweeping, and progressive vision. Critics or sceptics who raise objections based on unaffordability, the unacceptability of unconditionality or the unrealistic change in mentality required will often be dismissed as unimaginative defenders of an obviously unsatisfactory status quo.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Extreme poverty and human rights on universal basic income 2017, para. 60
- Paragraph text
- But these contrasting views accurately reflect the conclusion that emerges from a comprehensive survey of the many different utopias the world has known, which is that “utopias are essential but potentially dangerous”. In this case, the danger is that the single-minded pursuit of basic income as a magic bullet, capable of resolving many deeply troubling challenges, will distract attention from the deeper underlying complexities and values. But the utopian vision may also provide the much-needed impetus to rethink the optimal shape of social protection explicitly designed to achieve universal realization of the human right to an adequate standard of living in the twenty-first century. At a comparable watershed moment, Lord Beveridge introduced his 1943 report that laid the groundwork for the British welfare state by insisting that a “revolutionary moment in the world’s history is a time for revolutions, not for patching”.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Extreme poverty and human rights on universal basic income 2017, para. 61
- Paragraph text
- Thus, the basic income concept should not be rejected out of hand on the grounds that it is utopian. Policymakers at the national and international levels need to develop the sort of creativity in social policy that is capable of matching and responding to the technological innovations and other developments that have brought us to this crossroads. Despite the magnitude of the challenge and the breathtaking scope of the proposed solution, there is an option, which Van Parijs seems to have subtly embraced, to move in an incremental fashion towards the overall goal. As Anthony Atkinson has observed, inspired by Amartya Sen’s work, “the aim is progressive reform rather than transcendental optimality”.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Extreme poverty and human rights on universal basic income 2017, para. 63
- Paragraph text
- Similarly, an ILO report entitled Decent Work in Global Supply Chains responded to the “negative implications for working conditions” of “the dynamics of production and employment relations within the global economy” by proposing a series of steps such as promoting international labour standards, closing governance gaps and promoting inclusive and effective social dialogue. Unsurprisingly, after lengthy debate on the report, the 2016 International Labour Conference expressed its “concern that current ILO standards may not be fit for purpose to achieve decent work in global supply chains”.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Extreme poverty and human rights on universal basic income 2017, para. 64
- Paragraph text
- It does not follow from the gap between theory and practice that labour rights should be compromised, let alone abandoned, but it does highlight the fact that traditional approaches might not have much traction in the face of the systematic weakening of labour market institutions, the dramatic increase in more flexible working conditions, and the greatly increased insecurity, including the loss of non-wage benefits, for those who remain employed.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Extreme poverty and human rights on universal basic income 2017, para. 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. 66a
- Paragraph text
- [One of the biggest challenges in relation to basic income is to move beyond its chameleon-like character. There are many versions of it, and each is supported by a diverse array of actors, precisely because they see different attractions in the concept. To assess the utility and acceptability of basic income from a human rights perspective, it is helpful to identify the main categories of motivation.] Discouraging laziness and incentivizing work;
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Extreme poverty and human rights on universal basic income 2017, para. 66b
- Paragraph text
- [One of the biggest challenges in relation to basic income is to move beyond its chameleon-like character. There are many versions of it, and each is supported by a diverse array of actors, precisely because they see different attractions in the concept. To assess the utility and acceptability of basic income from a human rights perspective, it is helpful to identify the main categories of motivation.] Efficiency, in terms of avoiding welfare fraud, duplicative programmes, double-dipping, and bloated bureaucracies. As one commentator rejoiced: “we get to fire a couple of million bureaucrats”;
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Extreme poverty and human rights on universal basic income 2017, para. 66c
- Paragraph text
- [One of the biggest challenges in relation to basic income is to move beyond its chameleon-like character. There are many versions of it, and each is supported by a diverse array of actors, precisely because they see different attractions in the concept. To assess the utility and acceptability of basic income from a human rights perspective, it is helpful to identify the main categories of motivation.] Adaptation to technological advances, both in terms of compensating for vast numbers of jobs lost in an age of automation and robotization and to ensure some basic redistribution of wealth in an era characterized by exponential growth in the wealth of technology entrepreneurs;
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph