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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
Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 36
- Paragraph text
- Reductions in public expenditure are likely to take the form of decreased spending on social services, which has the potential to significantly undermine the effective and efficient functioning of basic health and education services and social protection systems. These services are crucial for providing minimum essential levels of enjoyment of human rights and to protect the rights of the poorest and most vulnerable members of society. While the human rights framework does not exclude the possibility of States adopting austerity measures, it is clear that, in many instances, these reductions in expenditure could have grave consequences for the enjoyment of human rights, particularly for those living in poverty who continue to suffer from the cumulative effects of the crises.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Poverty
- Person(s) affected
- All
- N.A.
- Year
- 2011
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
Social protection and old age poverty 2010, para. 92
- Paragraph text
- In accordance with the interpretation of the Committee on Economic, Social and Cultural Rights, the right to health must be understood as a right to the enjoyment of a variety of facilities, goods, services and conditions necessary for the realization of the highest attainable standard of physical and mental health. This includes the obligation of the State to guarantee timely and appropriate access to health care and address underlying determinants of health, such as access to safe and drinkable water or an adequate supply of safe food.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2010
Paragraph
Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 17
- Paragraph text
- In the context of recovery from successive crises, this principle obliges States to ensure that any programmes or policies that are integral to delivering essential services (for example, primary education, basic health care and social assistance programmes) are protected, to the greatest extent possible, from reduced expenditure. The duty of the State to prioritize the rights of the poorest and most vulnerable people does not imply that the State may adopt a very narrow approach. States continue to have responsibilities to move as expeditiously and effectively as possible towards the widest possible enjoyment of rights by all, which means maintaining services beyond a basic level.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Humanitarian
- Poverty
- Person(s) affected
- All
- Year
- 2011
Paragraph
Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 18
- Paragraph text
- There is a strong presumption that deliberately retrogressive measures that affect the level of enjoyment of economic, social and cultural rights are in violation of human rights standards. Examples of retrogressive measures might include the adoption of policy or legislation with a direct or collateral negative effect on the enjoyment of rights by individuals, or unjustified reductions in expenditures devoted to implementing public services that are critical for the realization of economic, social and cultural rights, such as those which guarantee basic health care, ensure access to primary education, or make available assistance for food and shelter.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2011
Paragraph
The importance of social protection measures in achieving Millennium Development Goals (MDGs) 2010, para. 32
- Paragraph text
- While accessible, high-quality and gender-sensitive health-care services contribute to the achievement of Millennium Development Goals 4, 5 and 6, social protection also contributes, both directly and indirectly, by addressing fundamental economic obstacles that result in health challenges, improving the overall standard of living and promoting the right to health.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- All
- Year
- 2010
Paragraph
The importance of social protection measures in achieving Millennium Development Goals (MDGs) 2010, para. 36
- Paragraph text
- The effects of social protection measures such as cash and in-kind transfers on the health status of persons living in extreme poverty will not be consolidated unless they are accompanied by adequate investment in the provision of health care and the guarantee of access to medicines. Also essential is coordination among various social policies, including coordination between programme managers and health service providers, to ensure adequate, accessible and gender-sensitive health-care services, even in the most remote and vulnerable communities. In addition, States should provide mass immunizations and public health awareness campaigns.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Poverty
- Person(s) affected
- All
- Year
- 2010
Paragraph
Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 46
- Paragraph text
- Reductions in the public wage bill will severely impede the delivery of social services. If remuneration to the providers of basic education and health care is reduced, this could have a potentially drastic impact on individuals' ability to easily and effectively have access such services. Limited or decreased staff numbers may hamper the ability of social services to respond to public demand, and the removal of allowances or incentive schemes might have an adverse impact on the efficiency of employees.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Social & Cultural Rights
- Person(s) affected
- All
- N.A.
- Year
- 2011
Paragraph
The implementation of the right to social protection through the adoption of social protection floors 2014, para. 24
- Paragraph text
- The health-care guarantees of social protection floors have been greatly reinforced by a separate but closely linked initiative emerging from WHO to promote universal health coverage. That concept has been defined in a way that makes it directly compatible with and complementary to the Social Protection Floor Initiative and was endorsed by the General Assembly in resolution 67/81. In elaborating on this concept, the World Health Assembly has consistently made reference to the right to health, underlined the centrality of universal health care in the post-2015 agenda and emphasized the "the importance of accountability through regular assessment of progress".
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- Year
- 2014
Paragraph
Penalization of people living in poverty 2011, para. 51
- Paragraph text
- These measures not only undermine beneficiaries' autonomy and prevent them from making their own choices, they also threaten their enjoyment of a number of human rights, including the right to participate in the decisions that directly affect them and to be free from arbitrary or unlawful State interference in their privacy, family, home or correspondence. Considering that non-compliance with excessive conditions and requirements results in exclusion from social benefits, those entitled to benefits live in constant anxiety and fear that their benefits will be withdrawn and, with them, their primary means of survival. The cumulative impact of living in such circumstances threatens the beneficiaries' right to enjoy the highest attainable standard of physical and mental health.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- Year
- 2011
Paragraph
The UN responsibility for the cholera outbreak in Haiti 2016, para. 35
- Paragraph text
- Second, the duties owed by the United Nations are directly analogous to those owed by a company or private property owner to ensure adequate waste management and to take adequate precautions to prevent spreading diseases.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Health
- Water & Sanitation
- Person(s) affected
- All
- N.A.
- Year
- 2016
Paragraph
Unpaid care work and women's human rights 2013, para. 56
- Paragraph text
- States must ensure that unpaid caregivers, in particular in deprived and remote areas, enjoy the right to enjoy the benefits of scientific progress and its applications without discrimination. A core element of this right is that innovations essential for a life with dignity should be accessible to everyone, in particular marginalized populations (A/HRC/20/26, para. 29).
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- All
- Year
- 2013
Paragraph
Unpaid care work and women's human rights 2013, para. 45
- Paragraph text
- The right to health requires States parties to provide quality and accessible health care and take measures to ensure the underlying determinants of health. This includes access to safe and potable water and adequate sanitation, an adequate supply of safe food, nutrition and housing, and also healthy occupational and environmental conditions, which clearly many unpaid caregivers living in poverty do not enjoy.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Poverty
- Social & Cultural Rights
- Water & Sanitation
- Person(s) affected
- All
- Year
- 2013
Paragraph
Social protection and old age poverty 2010, para. 49
- Paragraph text
- Under the Covenant, States are prohibited from deliberately taking any retrogressive measures, including in regard to the right to social security, unless they can prove that they have only been introduced after the most careful consideration of all other alternatives and are duly justified by reference to the totality of the rights stipulated in the Covenant. If necessary, developing countries should seek international cooperation and technical assistance to realize progressively the right to social security.
- 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
- 2010
Paragraph
Unpaid care work and women's human rights 2013, para. 101
- Paragraph text
- States affected by the HIV/AIDS pandemic should also take specific measures to ensure that unpaid home-based caregivers are adequately supported, including by providing counselling, training, livelihood support and skills development, savings and credit schemes, medical supplies and equipment.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- All
- Year
- 2013
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
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
Paragraph
Social protection and old age poverty 2010, para. 114
- Paragraph text
- States must ensure social security schemes are complemented by other social policies, in particular the provision of health care. States must ensure access to adequate health-care services and address other underlying determinants of health, such as access to safe drinking water and food.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2010
Paragraph
Taxation and human rightss 2014, para. 42
- Paragraph text
- The most straightforward way in which government revenues can facilitate compliance with human rights obligations is by providing resources for public goods, such as education and health services - goods that are critical to realizing human rights and that ultimately benefit the whole of society.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Health
- Person(s) affected
- All
- Year
- 2014
Paragraph
Penalization of people living in poverty 2011, para. 19
- Paragraph text
- Human rights law permits States to limit some rights, on the basis that such limitations are justified in the interests of public security, safety or order; public health; or the protection of the rights and freedoms of others. In order for a limitation to be legitimate under human rights law, it must comply with numerous safeguards: it must be "determined by law", "compatible with the nature of these rights", "solely for the purposes of promoting general welfare" and "necessary in a democratic society". Permissible limitations must also comply with general principles of human rights law, and must thus be non-discriminatory, reasonable and proportionate. Compliance with these principles requires, for example, that any restrictive measures must be appropriate means of achieving the aims pursued, and that limitations must not be more severe than is necessary for the attainment of the aim sought.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- Year
- 2011
Paragraph
Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 47
- Paragraph text
- The above measures will have a disproportionate impact on people living in poverty, particularly those in rural areas and the most disadvantaged, who already face numerous barriers in gaining access to health care and education services. By adopting policies that threaten to reduce the wages of those essential to the provision of such services, States would also jeopardize their ability to provide for the widest possible enjoyment of economic, social and cultural rights. These measures run a real risk of constituting unjustified retrogressive measures if they impede the State's ability to maintain minimum essential levels of enjoyment of economic, social and cultural rights.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Poverty
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2011
Paragraph
Penalization of people living in poverty 2011, para. 67
- Paragraph text
- The inability to access competent, comprehensive legal assistance presents a serious threat to the human rights of persons living in poverty. Without adequate representation or advice individuals are more likely to be convicted. While in detention they have no accessible means of protesting infringements of their rights, such as unsafe or unsanitary conditions, physical or mental abuse or lengthy delays, and there is a higher likelihood that they will be requested to pay bribes, which they will experience difficulties in paying.
- 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
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