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Access to justice for people living in poverty 2012, para. 40
- Paragraph text
- Persons living in poverty, particularly those with disabilities or older persons, may experience additional obstacles in accessing justice when courts and police stations are not appropriately designed, and when court processes are not adaptable. For example, many judicial systems are heavily reliant on paper forms and written submissions, and on the presentation of oral evidence. Often, police stations and courts are not wheelchair accessible. Where measures are not in place to enable judicial bodies to adapt their processes for those in need, including by providing aid to defendants, claimants, witnesses and jurors who require it, such persons are excluded from accessing and benefiting from the justice system.
- 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
- Older persons
- Persons with disabilities
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 64
- Paragraph text
- Often, the criteria which govern access to State-funded legal assistance are arbitrary and overly restrictive, and rely heavily on means-testing to determine eligibility. Means-testing is often inaccurate and is unable to take account of the wealth distribution within a household, disadvantaging those who have restricted access to household wealth, such as women and older persons. Furthermore, it fails to realistically reflect the options faced by persons living in poverty; for example, it may disqualify individuals if they have the option of disposing of household assets, even if those assets are used to produce food and generate subsistence income for the household.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Poverty
- Person(s) affected
- Older persons
- Women
- Year
- 2012
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 41
- Paragraph text
- The Convention challenges traditional approaches to care and has the potential to redress the legacy of disempowerment and paternalism. Furthermore, the notion of support in the Convention also has the potential to override traditional understandings of care and assistance for other groups, such as older persons and children. The Convention restores the importance of the "human being" in the human rights discourse by emphasizing the individual and social aspects of the human experience. These innovations can and should be incorporated into the implementation of all existing human rights instruments.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- Children
- Older persons
- Year
- 2017
Paragraph
Detention of migrants in an irregular situation 2012, para. 43
- Paragraph text
- Detention can be particularly damaging to vulnerable categories of migrants, including victims of torture, unaccompanied older persons, persons with a mental or physical disability, and persons living with HIV/AIDS. The UNHCR guidelines provide that, given the very negative effects of detention on the psychological well-being of those detained, active consideration of possible alternatives should precede any order to detain asylum-seekers belonging to vulnerable categories. The Special Rapporteur is of the opinion that the same principle should apply to vulnerable migrants. In the event that individuals falling within these categories are detained, it is advisable that this should only be on the certification of a qualified medical practitioner that detention will not adversely affect their health and well-being. In addition, there must be regular follow up and support by skilled personnel. They must also have access to adequate health services, medication and counselling.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Movement
- Person(s) affected
- Older persons
- Persons on the move
- Year
- 2012
Paragraph
Detention of migrants in an irregular situation 2012, para. 53
- Paragraph text
- In the Special Rapporteur's view, the obligation to always consider alternatives to detention (non-custodial measures) before resorting to detention should be established by law. Detailed guidelines and proper training should be developed for judges and other State officials, such as police, border and immigration officers, in order to ensure a systematic application of non-custodial measures instead of detention. Non-custodial measures should be subject to legal review, and migrants who are subject to non-custodial measures should have access to legal counsel. When considering alternatives to detention, States must take full account of individual circumstances and those with particular vulnerabilities, including pregnant women, children, victims of trafficking, victims of torture, older persons and persons with disabilities. The least intrusive and restrictive measure possible in the individual case should be applied. Legislation should establish a sliding scale of measures from least to most restrictive, allowing for an analysis of proportionality and necessity for every measure. Some non-custodial measures may be so restrictive, either by themselves or in combination with other measures, that they amount to alternative forms of detention, instead of alternatives to detention. When considering whether the measures applied amount to detention, the cumulative impact of the restrictions as well as the degree and intensity of each of them should also be assessed.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Older persons
- Persons on the move
- Persons with disabilities
- Women
- Year
- 2012
Paragraph
Detention of migrants in an irregular situation 2012, para. 72j
- Paragraph text
- [The Special Rapporteur calls on States to consider progressively abolishing the administrative detention of migrants. In the meantime, Governments should take measures to ensure respect for the human rights of migrants in the context of detention, including by:] Taking into due consideration the particular vulnerabilities of specific groups of migrants including victims of torture, unaccompanied older migrants, migrants with a mental or physical disability and migrants living with HIV/AIDS. Detention of migrants belonging to vulnerable categories and in need of special assistance should be only allowed as a measure of last resort, and they should be provided with adequate medical and psychological assistance;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Older persons
- Persons on the move
- Year
- 2012
Paragraph
Developing the Global Compact on Migration 2016, para. 46f
- Paragraph text
- [Human rights must be a cross-cutting issue that informs all discussions at the High-level Dialogue, and, as outlined in the 2013 report of the Special Rapporteur (see A/68/283), States should consider raising issues such as:] Effective protection of the human rights of vulnerable groups, such as unaccompanied children, families with children, persons with disabilities and elderly migrants;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Families
- Older persons
- Persons on the move
- Persons with disabilities
- Year
- 2016
Paragraph
Developing the Global Compact on Migration 2016, para. 59
- Paragraph text
- Although some migrants, such as children, older persons, women travelling alone and migrants with disabilities, are vulnerable, the majority are not intrinsically vulnerable. On the contrary, they are most often incredibly resilient and courageous, making life-altering decisions on a regular basis. However, through policy and practice decisions that result in a lack of effective access to justice, States may create precarious conditions of legal status or regulatory frameworks that allow many to abuse and exploit migrants with impunity. For example, there are cases in which temporary migrant worker schemes do not provide for adequate oversight mechanisms; countries that rarely enforce the prohibition of recruitment fees, leading to situations of debt bondage, and rarely streamline their labour recruitment industry to ensure it effectively protects the rights of migrants; and labour inspection mechanisms that collaborate with immigration enforcement to expel undocumented migrants rather than try to enforce labour standards against the exploitative employers of such migrants.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Older persons
- Persons on the move
- Persons with disabilities
- Women
- Year
- 2016
Paragraph
Extreme inequality and human rights 2015, para. 46
- Paragraph text
- Mr. Bengoa also recommended the creation of a social forum to facilitate the participation of States, international organizations, non-governmental organizations and corporations in discussing how to take economic, social and cultural rights into account in their policies. The Social Forum was set up in 2002 and recent sessions have focused on the rights of older persons (2014) and on the rights of access to medicines in the context of the right to health (2015).
- 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
- Older persons
- Year
- 2015
Paragraph
Joint report with SRSG Violence against Children on child-sensitive complaint mechanisms 2011, para. 37
- Paragraph text
- In some countries the exercise of this right is limited to older children. In Russia, for example, children 14 or older can take legal action to seek protection from their parents or other persons exercising parental authority. In Tunisia, children over the age of discretion (13 years) may take legal action in "matters of special urgency and in the case of danger at home".
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Children
- Families
- Older persons
- Year
- 2011
Paragraph
Joint report with SRSG Violence against Children on child-sensitive complaint mechanisms 2011, para. 38
- Paragraph text
- Where the right to seek a judicial remedy is limited to older children, younger children may turn to administrative bodies, which may initiate legal proceedings if they consider it appropriate. In Ecuador, for example, where children over the age of 12 "may personally take legal action for the protection of their rights", younger children may request assistance to protect their rights when action concerning their legal guardian is needed. In the Russian Federation and Belarus, children of any age may make complaints to the competent administrative authorities concerning parents or other persons acting in loco parentis.
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Children
- Families
- Older persons
- Year
- 2011
Paragraph
Multiple and intersecting forms of discrimination and violence against women 2011, para. 15
- Paragraph text
- In 1989, the Committee on the Elimination of Discrimination against Women explicitly linked gender-based violence and discrimination against women in its general recommendation No. 12 and called on States parties to include in their reports information on violence and on measures introduced to deal with it. Between 1989 and 1992, the Committee issued a series of general recommendations that addressed some rights violations experienced at the intersection of inter- and intra-gender sex discrimination and violence against women. In 1992 it issued general recommendation No. 19 both to define gender-based violence and to make it discrimination on the grounds of sex within the meaning of the Convention. Much of what is set forth in general recommendation No. 19 is reiterated and refined in the Declaration on the Elimination of Violence against Women. CEDAW has also addressed the impact of intersecting forms of discrimination against women and its nexus with gender-based violence. Most recently, in general recommendation No. 27, which deals with the rights of older women, it recognizes that age and sex make older women vulnerable to violence, and that age, sex and disability make older women with disabilities particularly vulnerable.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Violence
- Person(s) affected
- Older persons
- Persons with disabilities
- Women
- Year
- 2011
Paragraph
Outcomes and commitments on internal displacement of the World Humanitarian Summit 2016, para. 70
- Paragraph text
- Internally displaced persons must have a greater say and role in shaping the nature of assistance and support that they receive and the solutions targeted at them. The Special Rapporteur has found that the common message from internally displaced persons is that they are deprived of their dignity, have little hope and feel that nobody is listening to them, let alone consulting them. Meaningful consultation and participation of internally displaced persons guarantee the durability and legitimacy of solutions and help to re-establish dignity and hope. The voices and views of displaced women, older persons, youth and those with disabilities for example, must be given equal weight to ensure that solutions are appropriate and meet the needs of all.
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Older persons
- Persons on the move
- Persons with disabilities
- Women
- Year
- 2016
Paragraph
Progress and challenges relating to the human rights of IDPs 2016, para. 85
- Paragraph text
- Recognition of internally displaced persons as holders of civil and political rights and economic, social and cultural rights is crucial. A human rights-based approach to internal displacement and humanitarian and development assistance to such persons requires assessments of their human rights on the basis of information that goes beyond basic displacement statistics and recognizes the unique circumstances, challenges and requirements of each individual, including women, older persons, persons with disabilities, minorities and others. It also requires a deeper level of engagement and consultation with internally displaced persons, allowing a more detailed understanding of needs, concerns and intentions and demonstrating respect for the human agency of those persons, as partners in a process of achieving solutions, rather than passive beneficiaries.
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Older persons
- Persons on the move
- Persons with disabilities
- Women
- Year
- 2016
Paragraph
Right to food and nutrition 2016, para. 83
- Paragraph text
- Much remains to be done to end the inappropriate marketing of breast milk substitutes, and countries are encouraged to adopt, amend and strengthen legal measures in line with the International Code and relevant World Health Assembly resolutions. In particular, it is necessary to ensure that national legislation adequately covers substitute products aimed at children older than 12 months.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Health
- Person(s) affected
- Children
- Older persons
- Year
- 2016
Paragraph
Roadmap for the next three years: thematic priorities of the new mandate-holder 2017, para. 60
- Paragraph text
- Under paragraph 16 (d) of Human Rights Council resolution 32/11, the mandate holder is tasked with giving special consideration to the human rights of internally displaced women and children, and of other groups with special needs, such as older persons, persons with disabilities and severely traumatized individuals, and to their particular assistance, protection and development needs. The Special Rapporteur will therefore dedicate a thematic report to the needs and protection issues facing internally displaced children, with a view to bringing renewed attention to their plight and in order to seek innovative approaches, concrete actions, and new commitments to their protection in displacement-affected countries.
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Children
- Older persons
- Persons on the move
- Persons with disabilities
- Women
- Year
- 2017
Paragraph
Social protection and old age poverty 2010, para. 11
- Paragraph text
- The international community has committed itself to addressing the challenges associated with ageing in three documents: the Vienna International Plan of Action on Ageing (1982), the United Nations Principles for Older Persons (1991) and the Madrid International Plan of Action on Ageing (2002). These documents complement the existing human rights and labour standards which establish legally binding obligations upon States.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Person(s) affected
- Older persons
- Year
- 2010
Paragraph
Social protection and old age poverty 2010, para. 32
- Paragraph text
- In the absence of contributory social security, social assistance and, in particular, the provision of non-contributory pensions to older persons plays a central role in bridging the existing protection gap. Studies conducted in countries that have established non-contributory schemes demonstrate their positive impact on poverty indicators. In OECD countries with good coverage of formal insurance and the longest experience in investing in this type of pension, poverty rates would be significantly higher without non-contributory schemes. The same is true for middle-income countries that have also invested in social pensions during recent decades.
- 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
- Older persons
- Year
- 2010
Paragraph
Social protection and old age poverty 2010, para. 33
- Paragraph text
- Social pensions are also important for addressing the particular vulnerabilities of women. Contributory systems tend to exacerbate gender inequalities: in many countries coverage rates for elderly men are twice those for their female counterparts. Even in countries with broader protection in contributory systems, older women are more likely to receive a lower pension due to a lower level of contributions (see sect. II C).
- 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
- Older persons
- Women
- Year
- 2010
Paragraph
Social protection and old age poverty 2010, para. 35
- Paragraph text
- Governments must challenge the myth that social pensions are a burden to the economy and the stereotyping of older persons as a burden to development. Indeed, social protection systems may act as economic stabilizers in critical periods and can have positive repercussions on local economies. For example, studies show that in rural areas, old-age pensions have an overall positive impact on the protection of poor rural communities affected by the adverse effects of agriculture reform and encourage local economic activity.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Older persons
- Year
- 2010
Paragraph
Social protection and old age poverty 2010, para. 39
- Paragraph text
- In 1995, the Committee on Economic, Social and Cultural Rights adopted a general comment on the rights of older persons, in which it stressed that States needed to adapt their social and economic policies to respond to the needs of ageing populations and should give more consideration to older persons in their human rights monitoring and reporting. The general comment also sheds light on the relationship between the provisions of the International Covenant on Economic, Social and Cultural Rights, the Vienna International Plan of Action and the United Nations Principles for Older Persons, clearly indicating that both binding and non-binding commitments are linked.
- 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
- Older persons
- Year
- 2010
Paragraph
Social protection and old age poverty 2010, para. 41
- Paragraph text
- The right to social security is firmly grounded in international human rights law and several treaties contain specific references to old age protection through social security schemes. Further to articles 22 and 25 of the Universal Declaration of Human Rights, it appears in articles 9, 10 and 11 of the International Covenant on Economic, Social and Cultural Rights, article 5 (e) (iv) of the International Convention on the Elimination of Racial Discrimination, article 11 of the Convention on the Elimination of Discrimination against Women, article 26 of the Convention on the Rights of the Child, article 27 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. The Convention on the Rights of Persons with Disabilities mentions the right to social protection (art. 28).
- 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
- Older persons
- Persons on the move
- Persons with disabilities
- Year
- 2010
Paragraph
Social protection and old age poverty 2010, para. 42
- Paragraph text
- At regional level, there are several provisions recognizing the specific vulnerability of older persons that call on States to implement specific measures to protect the elderly. They also emphasize 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
- Older persons
- Year
- 2010
Paragraph
Social protection and old age poverty 2010, para. 43
- Paragraph text
- The African Charter on Human and Peoples' Rights stipulates that "the aged and the disabled shall also have the right to special measures of protection in keeping with their physical or moral needs" (art. 18). The Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa (Maputo Protocol) recognizes the particular vulnerability of older women and requests States to take a number of measures "commensurate with their physical, economic and social needs as well as their access to employment and professional training" and "ensure the right of elderly women to freedom from violence, including sexual abuse" (art. 22).
- 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
- Older persons
- Persons with disabilities
- Women
- Year
- 2010
Paragraph
Social protection and old age poverty 2010, para. 48
- Paragraph text
- Considering the vulnerability of older persons, the Committee highlights the fact that States are duty-bound to progressively ensure that everyone is covered by contributory or non-contributory systems. To this end, States parties must develop a national strategy for the full implementation of the right to social security in old age, and allocate adequate fiscal and other resources at the national level.
- 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
- Older persons
- Year
- 2010
Paragraph
Social protection and old age poverty 2010, para. 50
- Paragraph text
- The Committee explicitly notes that States cannot rely solely on contributory systems for old-age pensions, as all individuals will not always be able to secure sufficient means to maintain an adequate standard of living. States must have a non-contributory pension system in place. Therefore, within the limits of available resources, States must provide non-contributory old-age benefits to assist, at the very least, all older persons who, when reaching the retirement age, are not entitled to an old-age insurance-based pension.
- 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
- Older persons
- Year
- 2010
Paragraph
Social protection and old age poverty 2010, para. 52
- Paragraph text
- In order to fully contribute to realizing human rights, social pensions and any other relevant social policy should be designed and implemented in ways that ensure their compliance with core human rights principles and obligations. The following section examines the key human rights components for a social pension scheme that complies with human rights law.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Older persons
- Year
- 2010
Paragraph
Social protection and old age poverty 2010, para. 53
- Paragraph text
- As a necessary part of a rights-based approach to social pensions, the right to social security must be included in national legal frameworks. The most solid experiences of non-contributory pensions are those grounded in legal instruments that ensure the permanence of these initiatives and give rights-holders the possibility to claim for the protection of their right. Spain, for example, reported that the same legal instrument regulates contributory and non-contributory systems. Brazil has the right to non-contributory pensions enshrined in the Constitution and a law also indicates that the value of pensions must be defined in accordance to a national index for payments.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Older persons
- Year
- 2010
Paragraph
Social protection and old age poverty 2010, para. 58
- Paragraph text
- Once the decision to establish a social pension is taken, States must ensure equal access to it. The principles of equality and non-discrimination require States progressively to ensure universal protection. These principles also require taking special measures to protect the most vulnerable segments of society as a matter of priority.
- 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
- Older persons
- Year
- 2010
Paragraph
Social protection and old age poverty 2010, para. 60
- Paragraph text
- Universal pensions require the simplest structure with the lowest administrative costs and therefore are more likely to be successful in achieving their aims. Many developing countries provide universal pensions, such as Bolivia (Plurinational State of), Botswana, Brunei Darussalam, Namibia, Nepal and Samoa. Universal pensions avoid creating disincentives for low-income workers to save for their old age and disincentives for older persons to continue working beyond retirement age. They can also reduce opportunities for corruption, as they are available to all who meet the age requirement and there is no stigma attached.
- 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
- Older persons
- Year
- 2010
Paragraph