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Access to justice for people living in poverty 2012, para. 88
- Paragraph text
- Customary and traditional justice systems can also threaten women's access to fair and equal justice. Informal justice systems based on custom, tradition or ethnic or religious identity often contain unequal provisions for women and men, do not have sanctions against gender-based violence or other abuses which take place in the domestic sphere, and are sometimes procedurally biased against women. This is especially problematic as it is family laws and property laws that are most often subject to the jurisdiction of such legal systems.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Men
- Women
- Year
- 2012
Paragraph
Extreme inequality and human rights 2015, para. 54
- Paragraph text
- At present, there is no explicitly stated right to equality, as such, under international human rights law. In order to ground equality as an organizing theme in this area of law, human rights bodies and commentators have relied on provisions such as those in the Universal Declaration of Human Rights that proclaim the equal rights of men and women (preamble), that all human beings are born free and equal in dignity and rights (art. 1) and that all are equal before the law and are entitled without any discrimination to equal protection of the law" (art. 7). These provisions have been paired with those dealing with non-discrimination, which is also considered to be one of the central and foundational principles of international human rights law. Virtually all of the core human rights treaties contain explicit provisions on non-discrimination. Also, for the most part, human rights bodies have been careful to emphasize that the norms of equality and non-discrimination require substantive and not just formal equality.
- 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
- Men
- Women
- Year
- 2015
Paragraph
Extreme inequality and human rights 2015, para. 55
- Paragraph text
- However, in reading the jurisprudence generated by most of the treaty bodies, it is difficult to escape certain conclusions. First, article 3 of the International Covenants on Human Rights, which asserts equal rights for men and women, has perhaps not been given its fullest reading, especially in terms of access to resources. Second, for all of the attention given to affirmative obligations to eliminate discrimination, much of the work of the treaty bodies seems unduly confined to a focus on specific violations of non-discrimination. Linked to this is a reluctance to develop notions of distributive equality, which has been much debated in the literature, and would give an important added dimension to the effort to combat extreme inequality. Third, the right to equality needs to be given greater attention so that it is able to add substantively to the jurisprudence of international human rights bodies in ways that it has not, thus far. Finally, the Committee on Economic, Social and Cultural Rights has to date done all too little in practice, as opposed to its analysis in general comments, to explore what might be involved in the prohibitions in article 2 (2) of the International Covenant on Economic, Social and Cultural Rights against discrimination based on social origin, property or birth.
- 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
- Men
- Women
- Year
- 2015
Paragraph
Marginality of economic and social rights 2016, para. 26
- Paragraph text
- In support of the view that specific recognition is not required, it might be argued that if a treaty envisages such recognition, it would say so explicitly. Thus treaties dealing with torture, genocide, war crimes or crimes against humanity call not just for legislative recognition of the norm, but also for explicit criminalization of particular conduct. The Convention on the Elimination of All Forms of Discrimination against Women unequivocally requires States parties "to embody the principle of the equality of men and women in their national constitutions or other appropriate legislation" (art. 2 (a)). It further obliges them "to ensure, through law and other appropriate means, the practical realization of this principle."
- 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
- Men
- Women
- Year
- 2016
Paragraph
Penalization of people living in poverty 2011, para. 11
- Paragraph text
- In this respect, women are particularly vulnerable to penalization measures. Due to structural discrimination, women have less representation in structures of power and therefore are disproportionately disadvantaged in their dealings with State authorities and less able to claim their rights. Often penalization measures have a much more onerous impact on women than men, given that women are overrepresented among the poor, have less access to education, employment and economic resources, and assume the principal burden of care and domestic work.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Poverty
- Social & Cultural Rights
- Person(s) affected
- Men
- Women
- Year
- 2011
Paragraph
The implementation of the right to social protection through the adoption of social protection floors 2014, para. 48
- Paragraph text
- This reading is reinforced by the fact that the earlier provisions of Goal 1 seek to resolve the competition between the two ways of measuring poverty by endorsing both, but in very different terms. Target 1.1 follows the World Bank by calling for the eradication, by 2030, of "extreme poverty for all people everywhere, currently measured as people living on less than $1.25 a day". Given that this is a very low standard, the aspiration is a limited one. But when it comes to "men, women and children of all ages living in poverty in all its dimensions according to national definitions", the aim in target 1.2 is only to "reduce at least by half the proportion" by 2030. In other words, that target implies acceptance that as many as half of those currently living in extreme poverty, as measured by the multidimensional approach described above, will continue to do so beyond 2030. For a planet with immense wealth and one that is able to mobilize vast resources very rapidly for projects that further the interests of the elites, that is a shameful goal and one that is clearly inconsistent with the recognition that all persons are entitled to at least the minimum core of economic and social rights.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Poverty
- Person(s) affected
- Children
- Men
- Women
- Year
- 2014
Paragraph
Unpaid care work and women's human rights 2013, para. 22
- Paragraph text
- In order to ensure that women enjoy all their rights on equal terms with men, States must take all appropriate measures to ensure that care responsibilities are equally shared by men and women. The Convention expressly refers to the sharing of responsibility among men and women and wider society in regard to the upbringing of children (preamble). It notes that States parties must ensure "the recognition of the common responsibility of men and women in the upbringing and development of their children" (article 5). This provision requires States to combat patriarchal attitudes and stereotypes regarding the roles and responsibilities of women and men within the family and society at large, and to address discrimination in education and employment and the compatibility of work requirements and family needs. States must, inter alia, prohibit discrimination or dismissal on the grounds of pregnancy or maternity and ensure that men and women have equal opportunities to choose their profession or occupation (see for example articles 11.2 and 16).
- 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
- Children
- Men
- Women
- Year
- 2013
Paragraph
Unpaid care work and women's human rights 2013, para. 60
- Paragraph text
- Lack of women's perspective in policymaking on agriculture, water and food management, despite their being key actors in these areas, results in misinformed decision-making and jeopardizes women's rights further. Similarly, policy discussions at all levels suffer from an inherent bias because women and men with intensive caring responsibilities are not present, contributing to the invisibility and inattention to care work in public policy.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Gender
- Governance & Rule of Law
- Health
- Person(s) affected
- Men
- Women
- Year
- 2013
Paragraph
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