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Activities of the Working Group 2014, para. 60q
- Paragraph text
- [In order to provide equal access to justice for people of African descent and as a part of the duty of States to protect human rights, the Working Group calls upon States to guarantee that:] The potential discriminatory effects of domestic legislation are eliminated, particularly of legislation on terrorism, immigration and nationality, as well as legislation that has the effect of penalizing without legitimate grounds certain groups or members of certain communities, including people of African descent, and in any case, respecting the principle of proportionality in its application;
- Body
- Working Group of experts on people of African descent
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Financing education and update on education in emergencies 2011, para. 53
- Paragraph text
- [In that spirit, the Special Rapporteur provides the following recommendations:] Education does not often receive the priority it deserves at the national level in terms of budget allocations. To ensure that education receives priority attention, it would be expedient to promote public dialogue among ministers of education and ministers of finance and planning on the necessary steps to secure maximum funding for education. An exchange of ideas and approaches among countries regarding legal and policy frameworks for financing education would enable national authorities to draw upon available experiences and practical examples from a comparative perspective and could provide insight into new avenues for investment in education.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2011
- Paragraph type
- Conclusion / Recommendation
Paragraph
Justiciability of the right to education 2013, para. 82a
- Paragraph text
- [Bearing in mind the key importance of the justiciability of the right to education and its enforcement, and with a view to fostering protective as well as promotional role of adjudication mechanisms, the Special Rapporteur would like to offer the following recommendations:] States must fully assume their obligation to respect, protect and fulfil the right to education. Their first obligation in this regard is to give effect to the right in their domestic legal order, and ensure its effective enforcement in case of violation through national, regional and international judicial and quasi-judicial mechanisms. Individuals as beneficiaries of the right to education, as defined in national legislation and as contained in international law, must be able to have legal recourse against its violations.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Privatization and the right to education 2014, para. 100
- Paragraph text
- The Special Rapporteur considers that, driven by business interests, privatization by definition is detrimental to education as a public good and vitiates the humanistic mission of education. Abusive practices by private providers reflect the failure of States to adequately monitor and regulate privatized education. This calls for the strengthening of human rights mechanisms in order to effectively address and sanction violations of the right to education by private providers. In this, Governments can be inspired by numerous court decisions and emerging jurisprudence.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Protecting education against commercialization 2015, para. 122
- Paragraph text
- Learning from the devastating impact of structural adjustments on education as an essential public service, and in the face of the prevalent market ideology and surging privatization in education, States must expand educational opportunities, recognizing the paramount importance of public investment in education as their essential obligation. Under no circumstances should a State provide financial support to private providers of education or allow private companies to operate multiple schools.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Fisheries and the right to food 2012, para. 61d (iii)
- Paragraph text
- [Coastal States and landlocked States with inland fisheries should:] Consistent with the pledge made at the United Nations Conference on Sustainable Development (see para. 175 of the outcome document), strengthen access to fishery resources and improve the incomes of small-scale fishing communities by: Strengthening the position of small-scale fishers in the production chain, for example by supporting the formation of cooperatives and assisting them to expand into the high-added-value stages of the industry;
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2012
- Paragraph type
- Conclusion / Recommendation
Paragraph
Vision of the mandate 2014, para. 61
- Paragraph text
- The year 2014 is one of reflection for global food policymakers as they take stock of the progress made following the adoption of the Voluntary Guidelines to Support the Progressive Realization of the Right to Adequate Food in the Context of National Food Security a decade ago. The Guidelines have provided a concrete tool with which to evaluate whether the principles set forth in human rights instruments and hortatory principles are having a practical impact on people's lives, especially the most vulnerable. The Special Rapporteur intends to work closely with FAO, the Committee on World Food Security and other relevant stakeholders to evaluate progress made to date, by taking into consideration examples of good practice as a means of promoting the Guidelines.
- 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
- All
- N.A.
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Taxation and human rightss 2014, para. 79m
- Paragraph text
- [States must realize the full potential of tax collection as a tool to generate revenue for the fulfilment of human rights obligations and to redress discrimination and inequality. Human rights principles regarding participation, transparency, accountability and non-discrimination should be followed throughout the whole revenue-raising cycle. For this purpose, States should:] Proactively disclose information on contracts, concessions and licensing agreements in the extractive sector and related information, including expected tax revenues and export royalty rates;
- 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
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Taxation and human rightss 2014, para. 79n
- Paragraph text
- [States must realize the full potential of tax collection as a tool to generate revenue for the fulfilment of human rights obligations and to redress discrimination and inequality. Human rights principles regarding participation, transparency, accountability and non-discrimination should be followed throughout the whole revenue-raising cycle. For this purpose, States should:] Ensure the public revenue raised from the financial sector is commensurate to the sector's profitability and the risks it generates; implement a financial transaction tax, and consider allocating the revenues specifically to expenditure that can contribute to the realization of human 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
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
The implementation of the right to social protection through the adoption of social protection floors 2014, para. 59
- Paragraph text
- In the realms of human rights and the Initiative, the current draft of the post-2015 agenda is a considerable disappointment. The almost complete omission of substantive references to human rights in the draft is a throwback to the United Nations development decade strategies of the 1960s and 1970s. However, they were drafted at a time when the human rights framework was in its infancy and development was seen largely as a technocratic process. Similarly, the very low standards set in relation to social protection are inconsistent with the high-flown rhetoric of ending poverty in all its forms everywhere. As it stands, the first goal proposed by the Open Working Group on Sustainable Development Goals might be considered to be in violation of deceptive advertising laws designed to protect consumers.
- 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
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Priorities of the new mandate holder 2014, para. 31
- Paragraph text
- The Special Rapporteur looks forward to fulfilling the requirements of her mandate, as outlined in Human Rights Council resolution 24/3, and to constructive and fruitful cooperation with diverse stakeholders in all regions towards that end. She particularly emphasizes her desire for constructive engagement with United Nations Member States and encourages Member States to respond positively to her requests for information or for country visits, while emphasizing that the mandate remains available to provide assistance to States and to respond to their requests, including in the area of technical cooperation, to the fullest extent possible. The Special Rapporteur reiterates the importance that she places on the role and views of non-governmental organizations, including in providing information to her and engaging with and assisting her fully as she conducts her work on slavery and slavery-like practices.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Effects of pesticides on the right to food 2017, para. 101
- Paragraph text
- While the present report has illustrated that there is no shortage of international and national legislation, as well as non-binding guidelines, such instruments are failing to protect humans and the environment from hazardous pesticides. These instruments suffer from implementation, enforcement and coverage gaps, and generally fail to effectively apply the precautionary principle or meaningfully alter many business practices. Existing instruments are particularly ineffective in addressing the cross-border nature of the global pesticide market, as proven by the widespread and often legally permitted practices of exporting banned highly hazardous pesticides to third countries. These gaps and inadequacies should be confronted on the basis of human rights mechanisms.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Governance & Rule of Law
- Health
- Person(s) affected
- N.A.
- Year
- 2017
- Paragraph type
- Conclusion / Recommendation
Paragraph
The right to freedom of opinion and expression exercised through the Internet 2011, para. 77
- Paragraph text
- The Special Rapporteur commends the work undertaken by organizations and individuals to reveal the worldwide status of online impediments to the right to freedom of expression. He encourages intermediaries in particular to disclose details regarding content removal requests and accessibility of websites. Additionally, he recommends corporations to establish clear and unambiguous terms of service in line with international human rights norms and principles and to continuously review the impact of their services and technologies on the right to freedom of expression of their users, as well as on the potential pitfalls involved when they are misused. The Special Rapporteur believes that such transparency will help promote greater accountability and respect for human rights.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2011
- Paragraph type
- Conclusion / Recommendation
Paragraph
The right to freedom of opinion and expression exercised through the Internet 2011, para. 81
- Paragraph text
- When a cyber-attack can be attributed to the State, it clearly constitutes, inter alia, a violation of its obligation to respect the right to freedom of opinion and expression. Although determining the origin of cyber-attacks and the identity of the perpetrator is often technically difficult, it should be noted that States have an obligation to protect individuals against interference by third parties that undermines the enjoyment of the right to freedom of opinion and expression. This positive obligation to protect entails that States must take appropriate and effective measures to investigate actions taken by third parties, hold the persons responsible to account, and adopt measures to prevent such recurrence in the future.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- All
- N.A.
- Year
- 2011
- Paragraph type
- Conclusion / Recommendation
Paragraph
The right to access information 2013, para. 97
- Paragraph text
- The Special Rapporteur calls upon States to implement the measures set out below.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
The use of encryption and anonymity to exercise the rights to freedom of opinion and expression in the digital age 2015, para. 63
- Paragraph text
- The use of encryption and anonymity tools and better digital literacy should be encouraged. The Special Rapporteur, recognizing that the value of encryption and anonymity tools depends on their widespread adoption, encourages States, civil society organizations and corporations to engage in a campaign to bring encryption by design and default to users around the world and, where necessary, to ensure that users at risk be provided the tools to exercise their right to freedom of opinion and expression securely.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Contemporary challenges to freedom of expression 2016, para. 57b
- Paragraph text
- [Among steps that I would encourage are the following:] Engage with special procedures of the Human Rights Council. As has been shown in the present report, while the response rate to communications is quite low, several States engage with the mandate holder in good faith. Engagement with communications and invitations to conduct country missions add significant value to the work of the mandate holder, since they allow us to seek an understanding of why States pursue certain policies (and, where those policies are adverse to freedom of expression, a possibility of encouraging officials to adopt other measures);
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
- Paragraph type
- Conclusion / Recommendation
Paragraph
Contemporary challenges to freedom of expression 2016, para. 57d
- Paragraph text
- [Among steps that I would encourage are the following:] Support independent media and civic space. In the face of State repression of reporting, it is critical that States make an extra effort to support independent voices in the media and civil society at large. At a minimum, I encourage States to avoid imposing restrictions on reporting and research that may be seen to criticize the Government and its policies or to share information about sensitive subjects, including terrorism. States should especially avoid imposing obstacles, such as accreditation procedures or penalties through defamation lawsuits or intermediary liability, that undermine independent media. At the same time, those with the means - such as private donors and foundations - should make a special effort to support independent media and to foster strong scrutiny of media conglomerations that squeeze out the less well-financed outlets;
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
- Paragraph type
- Conclusion / Recommendation
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 107
- Paragraph text
- Sectoral equity is not a difficult concept to adopt. It is simply a matter of political will. The Special Rapporteur is optimistic that States can change their perception of sectoral equity, primarily because businesses and associations have a strong convergence of interests. For both sectors, the rule of law is preferable to the rule of power. Predictability trumps disorder. Fairness is better than corruption. Stable, balanced environments are better for all sectors, whether they be multinational corporations, grass-roots activist groups or major international NGOs.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 72c (iv)
- Paragraph text
- [The Special Rapporteur recommends that States:] Take appropriate measures to meet extraterritorial obligations, particularly by providing access to remedy for victims of violations of the rights to freedom of peaceful assembly and of association; measures should include but are not limited to: Consider the elaboration of an international legally binding instrument on human rights standards for businesses, as proposed by the Human Rights Council in its resolution 26/9, and ensure that these standards apply to businesses working domestically as well as internationally;
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Effective and full implementation of the right to health framework, including justiciability of ESCR and the right to health; the progressive realisation of the right to health; the accountability deficit of transnational corporations; and the current ... 2014, para. 71
- Paragraph text
- There is a need to further clarify the issues of justiciability, progressive realization and enforcement of the right to health. This will help in highlighting the important role of the right to health in the individual's ability to live with dignity. It will also facilitate better planning and implementation of health-related policies. In the context of the current political and economic climate dominated by transnational corporations, steps should be taken to ensure that there are binding legal human rights obligations on transnational corporations towards individuals.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- N.A.
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Report of the SR on the right to health and Agenda 2030 2016, para. 103t
- Paragraph text
- [As a matter of priority, the Special Rapporteur recommends that:] Member States ensure that the high-level political forum on sustainable development meets as often as needed, is well resourced financially and with relevant expertise, and that States report on a regular basis after conducting monitoring and participatory reviews at the national level; the high-level political forum should consider reviews undertaken by international human rights mechanisms, such as the universal periodic review, treaty bodies and special procedures of the Human Rights Council;
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- N.A.
- Year
- 2016
- Paragraph type
- Conclusion / Recommendation
Paragraph
The impact of housing finance policies on the right to adequate housing of those living in poverty 2012, para. 71g
- Paragraph text
- [The Special Rapporteur calls for a paradigm shift from housing policies based on the financialization of housing to a human rights-based approach to housing policies. In this context, she makes the following recommendations:] States should promote alternatives to housing policies based on private credit and ownership, including through the development of a private rental sector. Adequate legal, financial and tax conditions should be created in order to encourage the supply of social rental housing as well as other forms of collective and individual tenure;
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2012
- Paragraph type
- Conclusion / Recommendation
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 77d
- Paragraph text
- [The Special Rapporteur suggests that the way forward requires a shift to take hold so that States ensure that all investment in housing recognizes its social function and States' human rights obligations in that regard. That requires a transformation of the relationship between the State and the financial sector, whereby human rights implementation becomes the overriding goal, not a subsidiary or neglected obligation. The Special Rapporteur believes that can be achieved with more constructive engagement and dialogue between States, human rights actors, international and domestic financial regulatory bodies, private equity firms and major investors. In order to create those new conversations and achieve that shift, the Special Rapporteur recommends the following:] Business and human rights guidelines should, on a priority basis, be developed specifically for financial actors operating in the housing system;
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
- 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. 80
- Paragraph text
- In several countries, the crises have demonstrated a clear need to maximize means of harnessing resources specifically for the realization of economic, social and cultural rights. States should identify additional sources of fiscal space to increase resources for social and economic recovery. From an array of options, States should particularly consider widening the tax base, improving the efficiency of tax collection and reprioritizing expenditures. These types of reforms could help States to achieve a more progressive, equitable and sustainable taxation regime while complying with a human rights framework.
- 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
- N.A.
- Year
- 2011
- Paragraph type
- Conclusion / Recommendation
Paragraph
Taxation and human rightss 2014, para. 81a
- Paragraph text
- [For the above-mentioned purpose, States should:] Actively pursue international cooperation in tax matters, working towards a multilateral regime for tax transparency that tackles tax abuse;
- 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
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Taxation and human rightss 2014, para. 81g
- Paragraph text
- [For the above-mentioned purpose, States should:] Adopt a framework that commits it to full disclosure of beneficial ownership of registered companies through national public registries;
- 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
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Marginality of economic and social rights 2016, para. 63
- Paragraph text
- A conception of human rights that implicitly accepts a radical hierarchical distinction between the two sets of rights - civil and political rights, and economic, social and cultural rights - is one that is fundamentally incompatible with international human rights law. Just as importantly, it offers no solution to the increasingly urgent challenges posed by radical and growing inequality and widespread material deprivation in a world of plenty. The economic and social rights agenda is thus too important, and its neglect has too many powerfully negative implications for the overall human rights enterprise, for it to be marginalized by mainstream actors and left to a handful of specialist groups to struggle to give it the place that law and justice demand.
- 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
- 2016
- 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 implementation of the right to social protection through the adoption of social protection floors 2014, para. 56
- Paragraph text
- Advocacy at the national level is also essential. If a lowest common denominator approach continues to prevail at the international level, civil society actors and others need to concentrate their efforts more at the national level. That means advocacy in relation both to national social protection policies and to national policy vis-à-vis the international agenda in the field.
- 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
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph