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Penalization of people living in poverty 2011, para. 73
- Paragraph text
- Often, States invoke grounds of public safety, health or security in an attempt to justify the restriction of human rights through penalization measures. However, human rights law establishes strict requirements for the imposition of limitations on individual rights. Any restriction on the enjoyment of human rights by those living in poverty must comply with several safeguards, including requirements that they be legally established, non discriminatory and proportionate, and have a legitimate aim. The burden falls upon States to prove that a limitation imposed upon the enjoyment of rights by those living in poverty is in conformity with international human rights law.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Poverty
- Person(s) affected
- All
- Year
- 2011
- Paragraph type
- Conclusion / Recommendation
Paragraph
Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 84
- Paragraph text
- A human rights approach stipulates that legal and policy measures to strengthen the accountability and transparency of financial systems should be taken. In order for States to meet their duty to protect, the banking sector should be regulated to obligate banking institutions to serve the interests of society by, for example, ensuring access to credit without discrimination, especially those struggling under increased economic burdens. States should ensure adequate means of redress for those adversely affected by the actions taken by financial sector institutions, and adopt regulations that discourage harmful practices by providing for accountability mechanisms that penalize risky behaviours and prosecute perpetrators.
- 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
- 2011
- Paragraph type
- Conclusion / Recommendation
Paragraph
The right to participation of people living in poverty 2013, para. 84
- Paragraph text
- Government agencies and policymakers must be prepared to give value to the findings of participatory processes, critically examine their own practices and attitudes, and allow the necessary resources and time to enable people living in poverty to participate effectively. Instituting meaningful participation will require the State to relinquish unilateral control over some areas of policy traditionally seen as government prerogative, for example budgets. Similarly, while successful participation is frequently dependent on some form of State engagement, States should not seek to "own" all spaces of participation, and must protect and promote the role of NGOs and civil society.
- 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
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
The implementation of the right to social protection through the adoption of social protection floors 2014, para. 55
- Paragraph text
- The leading human rights groups should thus engage actively with the Coalition for a Social Protection Floor, as well as taking their own targeted initiatives.
- 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
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
The World Bank and human rights 2015, para. 70
- Paragraph text
- No outsider can prescribe an ideal recipe for the Bank to follow in adopting a human rights policy. There are many options and paths that could reasonably be taken. The Bank is a very special organization and it will need a carefully tailored policy that takes adequate account of the many concerns that will undoubtedly be expressed. Most of all, there needs to be a transparent discussion, based on carefully thought-through proposals.
- 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
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 96
- Paragraph text
- The Independent Expert urges G20 countries to give serious thought to the proposal by France to introduce a financial transaction tax, and welcomes the recent decision to commission an inquiry into the feasibility of implementing such a tax. A global consensus on a financial transaction tax would represent an historic decision to prioritize the most disadvantaged and marginalized and be a valuable means of assisting developing countries to meet obligations to ensure the full realization of all economic, social and cultural rights.
- 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
- N.A.
- Year
- 2011
- Paragraph type
- Conclusion / Recommendation
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: Considering innovative measures such as mobile courts, one-stop justice shops, street clinics and homeless courts to increase practical access to justice for persons living in poverty, particularly the homeless and those living in rural communities
- 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
- Paragraph type
- Conclusion / Recommendation
Paragraph
The implementation of the right to social protection through the adoption of social protection floors 2014, para. 60
- Paragraph text
- It is understandable that some of those who have expended great energy on the post-2015 process should consider that only a token reference to human rights and a weak endorsement of social protection are better than nothing and that they will somehow be able over time to put a positive gloss on determinedly lacklustre goals. This is surely not enough. Civil society groups should make clear that a 1960s approach is no longer acceptable in the twenty-first century. Human rights in general should be recognized as both a central goal of sustainable development and a crucial part of the relevant process and a specific right to social protection, as defined in the Social Protection Floor Initiative and ILO recommendation No. 202, should be recognized.
- 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
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Access to justice for people living in poverty 2012, para. 92
- Paragraph text
- Access to justice is essential for tackling poverty and protecting the human rights of persons living in poverty. Even mature democracies with well-functioning State institutions and technically inclusive and fair legal systems struggle to ensure de facto equal access to justice by those living in poverty. When the poor are unable to access justice equally and without discrimination, they are prevented from enjoying and claiming their human rights, and from seeking remedies to violations of their rights. This may exacerbate their situation, or frustrate their efforts to move out of poverty.
- 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
- Paragraph type
- Conclusion / Recommendation
Paragraph
Access to justice for people living in poverty 2012, para. 96
- Paragraph text
- [States should:] Take strong measures to eliminate corrupt practices in the justice system and in law enforcement, including the solicitation of bribes; such measures might include legislation criminalizing all forms of corrupt acts, dedicating resources to policing and prosecuting corrupt officials, requiring judges to make declarations of the assets, improving the working conditions and salaries of police and judicial officers, and improving mechanisms to ensure the transparency of judicial processes
- 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
- 2012
- Paragraph type
- Conclusion / Recommendation
Paragraph
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
- Paragraph type
- Conclusion / Recommendation
Paragraph
The UN responsibility for the cholera outbreak in Haiti 2016, para. 79
- Paragraph text
- There are strong grounds for now issuing an apology and accepting responsibility. First, the element of doubt as to the responsibility of the United Nations for the introduction of cholera has been definitively removed. A series of scientific studies and statements subsequent to the issuance of the report of the independent panel of experts, as well as the experts' own later clarifications, leave no reasonable doubt and the United Nations position must reflect that reality. A policy that might arguably have been justified in years gone by is clearly no longer supported by the scientific facts.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- Year
- 2016
- Paragraph type
- Conclusion / Recommendation
Paragraph
Extreme poverty and human rights on universal basic income 2017, para. 62
- Paragraph text
- The most prominent path chosen to date has focused on respect for labour rights. But significant questions arise as to whether the tools used to tackle economic insecurity in that context have been, or are likely to be, effective in responding to the emerging conditions in the global labour market. For example, in its general comment No. 18 (2005) on the right to work, the Committee on Economic, Social and Cultural Rights calls on States “to reduce to the fullest extent possible the number of workers outside the formal economy”, “to ensure that privatization measures do not undermine workers’ rights”, and to ensure that enhanced labour market flexibility does “not render work less stable or reduce the social protection of the worker”. All of these important objectives are grounded in human rights law, but the question is how best to respond to the reality that the trends in most industries seem to be heading rapidly in the opposite direction.
- 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
- 2017
- Paragraph type
- Conclusion / Recommendation
Paragraph
Penalization of people living in poverty 2011, para. 81
- Paragraph text
- Considering that detention, incarceration and institutionalization have such extensive and long-lasting negative effects on persons living in poverty, States must only have recourse to deprivation of liberty insofar as it is necessary to meet a pressing societal need, and in a manner proportionate to that need. The poorest and most vulnerable individuals in detention must have equal access to free, fair and efficient court procedures, and must enjoy the same rights to humane conditions and respectful treatment as more affluent segments of society.
- 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
- 2011
- Paragraph type
- Conclusion / Recommendation
Paragraph
Penalization of people living in poverty 2011, para. 82i (ii)
- Paragraph text
- [In this context, the Special Rapporteur wishes to present the following recommendations:] States must only have recourse to detention and incarceration when it is necessary to meet a pressing societal need, and in a manner proportionate to that need. States must ensure that arrest or detention does not disproportionately affect those living in poverty. To this end, States shall: Ensure that to the greatest possible extent, bail processes take into account the economic and societal circumstances 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
- Year
- 2011
- Paragraph type
- Conclusion / Recommendation
Paragraph
Extreme poverty and human rights on universal basic income 2017, para. 69
- Paragraph text
- The starting point is to acknowledge that economic insecurity represents a fundamental threat to human rights. It is not only a threat to the enjoyment of economic and social rights, even though they are a principal concern. Extreme inequality, rapidly increasing insecurity, and the domination of politics by economic elites in many countries, all threaten to undermine support for, and ultimately the viability of, the democratic systems of governance upon which the human rights framework depends.
- 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
- Paragraph type
- Conclusion / Recommendation
Paragraph
The implementation of the right to social protection through the adoption of social protection floors 2014, para. 51
- Paragraph text
- Second, an indispensable step is to insist on explicit recognition by key actors that there is a human right to social protection. At present, the right to social security and the right to an adequate standard of living, proclaimed so proudly in the Universal Declaration of Human Rights and subsequently often reaffirmed in binding treaty obligations, are ignored or even challenged by the policies advocated by many of the key actors involved in addressing the plight of the hundreds of millions of persons living in extreme poverty. Many leading international organizations and financial institutions still avoid recognizing those rights in their policies and programmes.
- 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
- All
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Access to justice for people living in poverty 2012, para. 96
- Paragraph text
- [States should:] Ensure that civil society and community-based organizations are able and supported to advocate for the rights and inclusion of persons living in poverty, undertake non-formal legal education, disseminate general legal information and serve as independent monitors of judicial systems
- 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
- Paragraph type
- Conclusion / Recommendation
Paragraph
The World Bank and human rights 2015, para. 80
- Paragraph text
- The Bank should have a due diligence policy that spells out some of the circumstances under which it would be unable to continue providing support for a given project. The United Nations due diligence policy in relation to peacekeeping is of direct relevance here. There is reason to believe that in many cases that subsequently became controversial, the Bank could have promoted relatively minor changes to make some of the projects much less vulnerable to criticism on human rights grounds. As the old aphorism says, a stitch in time saves nine.
- 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
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 64
- Paragraph text
- The crises have demonstrated that long-term investments in comprehensive social protection systems are necessary to cushion the impact of crises, reduce poverty and inequality and contribute to economic growth. A comprehensive rights-based social protection system must therefore be the foundation of any transformative recovery from the global economic and financial crises. Strengthening social protection systems now will ensure greater resilience against future crises, while supporting the most vulnerable will help to prevent the transmission of the effects of the crises to future generations. In order to avoid causing permanent and long-lasting detriment to those living in poverty, States should preserve their investments in social protection and take steps to increase investments where possible.
- 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
- 2011
- Paragraph type
- Conclusion / Recommendation
Paragraph
The right to participation of people living in poverty 2013, para. 81
- Paragraph text
- Building on the human rights framework above, this section will give practical guidance to States on how to operationalize the right to participation of people living in poverty. It is neither possible nor desirable to formulate detailed universal guidelines, as participation is always embedded in a specific sociocultural context and set of power dynamics. The appropriate formats and design are thus context-dependent and moreover should emerge from the ground up, in consultation with communities. However, it is important to move towards a common understanding of what an acceptably participatory mechanism or process looks like and the appropriate minimum standards by which to measure the adequacy and quality of participation with regard to people living in poverty. Human rights provide a way to do so.
- 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
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Access to justice for people living in poverty 2012, para. 96
- Paragraph text
- [States should:] Ensure that laws give due weight and consideration to the interests of persons living in poverty and the abuses which affect them
- 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
- Paragraph type
- Conclusion / Recommendation
Paragraph
Access to justice for people living in poverty 2012, para. 96
- Paragraph text
- [States should:] Ensure the effective enforcement of judgements and compliance with judicial rulings in favour 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
- Year
- 2012
- Paragraph type
- Conclusion / Recommendation
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 type
- Conclusion / Recommendation
Paragraph
The World Bank and human rights 2015, para. 82
- Paragraph text
- It should be assumed that measures to enforce respect for human rights are the prerogative of the Human Rights Council and of the other appropriate United Nations political organs, and not of the World Bank.
- 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
- Paragraph type
- Conclusion / Recommendation
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 type
- Conclusion / Recommendation
Paragraph
Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 62
- Paragraph text
- Reducing poverty and promoting social inclusion require not only comprehensive national strategies but also international collective action to ensure equitable international regulatory measures and international assistance and cooperation. Particularly pressing is the need to address widespread food insecurity and rising food prices. Strategies that support rural development, promote sustainable food production and reduce volatility in commodity markets must be a priority for States at both the national and international levels.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Poverty
- Person(s) affected
- All
- Year
- 2011
- Paragraph type
- Conclusion / Recommendation
Paragraph
Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 89
- Paragraph text
- A human rights-based recovery from the successive crises must be one in which all segments of society play a significant role. The human rights principles of participation, transparency and accountability require States to create and maintain mechanisms by which individuals can meaningfully and effectively contribute to, provide feedback on and claim redress from policy measures that affect their enjoyment of human rights.
- 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
- 2011
- Paragraph type
- Conclusion / Recommendation
Paragraph
Marginality of economic and social rights 2016, para. 70
- Paragraph text
- The RIA framework is no magic bullet. There are all too many examples of situations in which clearly recognized economic and social rights, to which meaningful accountability mechanisms attach in principle, have done little or nothing to improve the situation. But this generally reflects a failure of will, competence or capacity, rather than a flawed framework. Nor is the report arguing that these three steps are all that is required or that the many other approaches that are currently being pursued are not potentially very important.
- 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
- Paragraph type
- Conclusion / Recommendation
Paragraph
Penalization of people living in poverty 2011, para. 82i (i)
- Paragraph text
- [In this context, the Special Rapporteur wishes to present the following recommendations:] States must only have recourse to detention and incarceration when it is necessary to meet a pressing societal need, and in a manner proportionate to that need. States must ensure that arrest or detention does not disproportionately affect those living in poverty. To this end, States shall: Review all detention and incarceration policies and legislation, in order to identify and remove discriminatory laws and practices which disproportionately disadvantage persons living in poverty. Measures should be put in place to enable police, courts and public officials to adequately assess the potential effects of detention or incarceration in the light of each individual's circumstances;
- 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
- 2011
- Paragraph type
- Conclusion / Recommendation
Paragraph