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Access to land and the right to food 2010, para. 19
- Paragraph text
- Finally, the creation of a market for land rights may itself have a series of undesirable consequences. The primary justification for the establishment of such a market is that it facilitates the reallocation of land towards more efficient users, thus providing an exit route from agriculture for rural residents for whom farming is not sufficiently profitable. Accordingly, the World Bank notes, "secure and unambiguous property rights … allow markets to transfer land to more productive uses and users". However, the impact of titling on farm productivity has often been unclear when it has not been complemented by schemes providing producers with appropriate levels of support. Land sales tend to favour not those who can make the most efficient use of land, but those who have access to capital and whose ability to purchase land is greatest. In fact, the creation of a land rights market can cause land to be taken out of production in order to be held as an investment by speculators, resulting both in decreased productivity and in increased landlessness among the rural poor. The poorest farmers could easily be induced to sell land and then be "priced out", particularly if they have fallen into debt as a result of a bad harvest or other circumstances. Thus, considered in isolation from other policies, individual titling may have counterproductive effects, increasing the vulnerability of the poor. Indeed, the idea that individual titling contributes to poverty reduction as land is transformed into capital presupposes that property is transformed into collateral, collateral into credit and credit into income. However, the poor, for whom land is an essential social safety net where no others are available, may in fact be reluctant to mortgage their land in order to gain access to credit. Nor does titling necessarily result in significantly greater access to the credit offered by private financial institutions.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Person(s) affected
- All
- Year
- 2010
Paragraph
Affordability of water and sanitation services 2015, para. 38
- Paragraph text
- In many instances, however, public financing is unequally distributed. Middle-class households often benefit from subsidies, both direct subsidies and "hidden" subsidies. Direct subsidies include tax breaks or financial incentives for constructing a toilet, which, when poorly targeted tend to benefit middle-income families. Subsidies are "hidden" when public financing is used to construct infrastructure and services that are intended to be used by all, but in fact are only available to middle- and high-income households.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Person(s) affected
- Families
- Year
- 2015
Paragraph
Affordability of water and sanitation services 2015, para. 54d
- Paragraph text
- [Where States adopt targeted measures, this also poses challenges. In practice, unfortunately, such measures often fail to reach the target population for a variety of reasons, including:] In most countries where subsidies are applied through tariff systems, these are only available to people connected to networks, thus excluding those who rely on kiosks, standpipes or public toilets;
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Affordability of water and sanitation services 2015, para. 54f
- Paragraph text
- [Where States adopt targeted measures, this also poses challenges. In practice, unfortunately, such measures often fail to reach the target population for a variety of reasons, including:] Public financing is available only to those who have secure land tenure, thus excluding those living outside the formal legal system;
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Affordability of water and sanitation services 2015, para. 59
- Paragraph text
- In some cases, household income or expenditure data is not available. In such cases, other indicators such as the type of access (for example, whether a small-scale facility is used), property value, size of the residence or geographical location can be used to evaluate the economic capacity of users.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Affordability of water and sanitation services 2015, para. 62
- Paragraph text
- Other types of mechanisms to ensure the affordability of services can be built into tariff schemes. Different tariff systems have different potentials but also limitations to ensure the affordability of services. These are generally only relevant to those connected to piped water and sewerage systems.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Challenges and lessons in combating contemporary forms of slavery 2013, para. 16
- Paragraph text
- In Nepal, a debt bondage system, the labourers of which are known as Haliyas, can be found in the agricultural sector. Haliya means "one who ploughs". Ploughing land is considered to be dirty and unskilled work that only lower-class citizens should perform, making it the work of "untouchables" or Dalits. Haliyas are either paid very little for their work or paid only in small amounts of food. Debt quickly accrues as workers take out loans for personal expenses, while landowners take advantage of them by charging exorbitant interest rates. According to a Centre for Human Rights and Global Justice report, "such discrimination is intentionally designed to keep alive a system of debt bondage".
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Person(s) affected
- All
- Year
- 2013
Paragraph
Challenges and lessons in combating contemporary forms of slavery 2013, para. 17
- Paragraph text
- In September 2008, the Government of Nepal officially liberated all Haliyas and pardoned their debts to landowners. However, in 2010, the Asia Human Rights Commission reported that most Haliyas were still working for their landlords, despite formal liberation. It is very difficult for former Haliyas to integrate into the labour force as they have little to no education or technical skills and 97 per cent do not own land. Approximately 150,000 people were estimated to be affected by the Haliya system in 2010. All Haliyas are male because females are not allowed to plough and cannot get loans to own land of their own. However, women still assist their husbands' landlords by collecting food for the animals or carrying manure to the farms. Children of Haliyas are often involved in the work as cattle herders, and therefore miss out on educational opportunities.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Person(s) affected
- Children
- Women
- Year
- 2013
Paragraph
Challenges and lessons in combating contemporary forms of slavery 2013, para. 88d
- Paragraph text
- [Governments should also ensure that other institutions and stakeholders are appropriately resourced and trained to detect, report and prosecute cases, including by providing:] Providing victims with free legal assistance, compensation, social protection, and long-term strategies for community and labour-market reintegration, including vocational training and job placement services.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Person(s) affected
- All
- Year
- 2013
Paragraph
Child participation 2012, para. 20f
- Paragraph text
- [Child participation mechanisms must operate in compliance with these international human rights principles and standards and ensure:] Establishment and maintenance of a safe and child-friendly environment that ensures the protection and safety of children and the enhanced recovery and skill development of any child victim/survivor participating;
- 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
- Person(s) affected
- Children
- Year
- 2012
Paragraph
Child participation 2012, para. 62
- Paragraph text
- Child-led research not only provides valuable opportunities for the empowerment of child participants themselves, but also strengthens the research process. Children may have unique access to particular locations, be in a privileged position to judge the accuracy of information and be able to determine the appropriateness of the methodology used, create links with their peers and make the children whom they consult feel at ease.
- 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
- Person(s) affected
- Children
- Year
- 2012
Paragraph
Child participation 2012, para. 83
- Paragraph text
- Most child parliaments are led by adults and often involve young people on an ad hoc or token basis. In some cases, they are composed only of children from privileged backgrounds.
- 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
- Person(s) affected
- Children
- Youth
- Year
- 2012
Paragraph
Child participation 2012, para. 87
- Paragraph text
- Most research continues to be initiated and led by adults, involving children as providers of information but only rarely as researchers owing to a range of practical and ethical issues.
- 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
- Person(s) affected
- Children
- Year
- 2012
Paragraph
Child participation 2012, para. 89
- Paragraph text
- Child-led organizations and peer initiatives need to be strengthened through the provision of high-quality support and training to peer educators, not only to identify target groups and formulate research questions and methodologies but also to discuss and identify child protection risks related to the research.
- 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
- Person(s) affected
- Children
- Year
- 2012
Paragraph
Child slavery in the artisanal mining and quarrying sector 2011, para. 25
- Paragraph text
- In 1999, the ILO member States, conscious of the magnitude of the problem of children being trapped in the worst forms of child labour, adopted Convention No. 182 (1999) concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour. This convention is the reflection of a global consensus that immediate and effective measures should be taken to secure the prohibition and elimination of the worst forms of child labour as a matter or urgency. ILO recommendation No. 190 advises ILO members on the implementation of Convention No. 182 and allows for exceptions for children from the age of 16 working in hazardous environments, provided that the health, safety and morals of the children concerned are fully protected and that "the children have received adequate specific instruction or vocational training in the relevant branch of activity".
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Person(s) affected
- Children
- Year
- 2011
Paragraph
Child slavery in the artisanal mining and quarrying sector 2011, para. 34
- Paragraph text
- As in many other sectors where children work, employers find it easier to hire children as they are easily exploited and cheaper to employ. Children are also recruited to work in mines because of their small size and the fact that they are thought to be nimble.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Person(s) affected
- Children
- Year
- 2011
Paragraph
Child slavery in the artisanal mining and quarrying sector 2011, para. 102
- Paragraph text
- Economic alternatives, which provide the same income, need to be offered to working mining and quarrying families. Alongside the provision of economic alternatives, Governments should work with international organizations and CSOs to monitor this sector in order to transform it and ensure better pay and working conditions. This could then provide an income for families based on the labour of adults in a relatively safe working environment.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Person(s) affected
- Families
- Year
- 2011
Paragraph
Child slavery in the artisanal mining and quarrying sector 2011, para. 113
- Paragraph text
- CSOs and international organizations should work to ensure that alternative childcare services are also available so that mothers are not in a situation in which they take children with them to the mining and quarrying sites because of the lack of specific places to take care of children while they are working.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Person(s) affected
- Children
- Year
- 2011
Paragraph
Commissions of inquiry 2012, para. 68
- Paragraph text
- The purposes of a commission of inquiry warrant a more flexible approach to rules of evidence, including the credibility of witness testimony. In assessing the credibility of evidence, a commission of inquiry should give special weight to corroborated testimony and to testimony subjected to cross-examination. A commission should also apply general rules in their assessment of the credibility of witnesses, including demeanour, subject to cultural and gender sensitivities. A commission should always accept testimony that is not subject to cross-examination, and should also avail itself of testimony that, if rendered in court, would be excludable as hearsay.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Person(s) affected
- All
- N.A.
- Year
- 2012
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 87
- Paragraph text
- Indeed, governments commonly view business as a natural ally of power: its activity stimulates the economy and creates jobs, which enables governments to advance their agendas and helps stabilize political situations. This relationship is, in turn, used to justify certain benefits provided to the business sector, such as tax incentives (though, notably, civil society's significant role in and contribution to economic growth and job creation is often overlooked). Business values are also by definition firmly centred on profit-making, potentially making the sector more politically malleable. Business leaders in some States may see their position as being dependent on power, which makes them cautious about questioning the established order. Businesses also have more resources than associations to lobby governments.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Comprehensive prevention strategies against sale and sexual exploitation of children 2013, para. 17b
- Paragraph text
- [Child protection literature and practice identify three main layers of prevention:] Secondary prevention concentrates on specific groups or children which are known to be more at risk by providing additional, targeted, support services;
- 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
- Person(s) affected
- Children
- Year
- 2013
Paragraph
Comprehensive prevention strategies against sale and sexual exploitation of children 2013, para. 22b
- Paragraph text
- [Vulnerability is a function of:] The ability of the child to resist these risks and/or mitigate their effects, in other words, the child's resilience.
- 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
- Person(s) affected
- Children
- Year
- 2013
Paragraph
Comprehensive prevention strategies against sale and sexual exploitation of children 2013, para. 24
- Paragraph text
- An understanding of the different kinds and levels of vulnerabilities faced by children in diverse situations is a corner stone of an adequate preventive strategy.
- 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
- Person(s) affected
- Children
- Year
- 2013
Paragraph
Comprehensive prevention strategies against sale and sexual exploitation of children 2013, para. 101a
- Paragraph text
- [Corporate social responsibility has received increased attention in recognition of the business sector's role in upholding and promoting human rights. In that context, the Children's Rights and Business Principles (2012) developed by UNICEF, the United Nations Global Compact and Save the Children, highlight the double nature of the role of the business sector with regards to children's rights:] The corporate responsibility to respect the human rights of others, including children, by avoiding infringements and addressing the human rights impact of business activities;
- 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
- Person(s) affected
- Children
- Year
- 2013
Paragraph
Debt bondage as a key form of contemporary slavery 2016, para. 6
- Paragraph text
- People enter the status or condition of debt bondage when their labour, or the labour of a third party under their control, is demanded as repayment of a loan or of money given in advance, and the value of their labour is not applied towards the liquidation of the debt or the length of the service is not limited and/or the nature of the service is not defined. Consequently, bonded labourers are often trapped into working for very little remuneration, or in some cases none, to repay the loan or advance, even though the value of their labour exceeds that sum of money.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Person(s) affected
- All
- N.A.
- Year
- 2016
Paragraph
Debt bondage as a key form of contemporary slavery 2016, para. 14
- Paragraph text
- In Malawi, situations of debt bondage are reported to be prevalent within the tobacco industry. This sector is a major source of employment in Malawi and generates a significant amount of income for the country. Tobacco is traditionally grown by farmers who use waged workers, temporary workers and also tenants (workers to whom farmers provide land, food and housing and to whom they loan agricultural tools, the costs of which are deducted from future profits). The relationship between tenants and estate or farm owners has been reported to be largely exploitative, leading to a situation of debt bondage. The costs charged to tenants by the estate or farm owners exceed the amount received from tobacco sales due to manipulation of the debts. This leads to tenants, who are reportedly predominantly male, and their families, becoming trapped in situations of debt bondage. In 2013, the Special Rapporteur on the right to food estimated that 300,000 tobacco tenant families were living in extremely precarious situations in Malawi (see A/HRC/25/57/Add.1, para. 47). Since 1995, the Government has made several attempts to enact a specific law on tenancy labour but has yet not successfully developed such legislation. A tenancy labour bill was first drafted in 1995, and the latest version, from 2012, is still under debate.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Person(s) affected
- Families
- Year
- 2016
Paragraph
Debt bondage as a key form of contemporary slavery 2016, para. 16
- Paragraph text
- In traditional forms of debt bondage in South Asia, patronage assumes an important role in the employer-employee relationship, in that the labour and the life of the debtor become collateral for the debt accrued. In some cases, such patronage perpetuates the cycle of debt from one generation to the next. However, this generational debt bondage has decreased over the years and has been replaced by a more individualized temporary and/or seasonal form of bondage that is exclusively economic and lacks the dimension of patronage. This form of debt bondage, also known as "neo-bondage", is considered to involve the seasonal movement of migrant workers within and between countries. Such workers are recruited by intermediaries who usually demand the payment of an advance and the settlement of wages at the end of the contract in exchange for their intermediation. Neo-bondage is similar to traditional forms of bondage, in the sense that the men, women and children vulnerable to such practices mainly belong to marginalized communities.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Person(s) affected
- Children
- Men
- Persons on the move
- Women
- Year
- 2016
Paragraph
Debt bondage as a key form of contemporary slavery 2016, para. 18
- Paragraph text
- In India, debt bondage is geographically widespread and has been reported to be prevalent in sectors such as the brick kiln industry, stone quarries, mining, manufacturing of beedi (Indian cigarettes), carpet weaving, construction, agriculture, power looms and cotton handlooms, as well as fish processing. Such practices are reported to be present in both the formal and the informal sectors. A survey conducted in 10 States in 1978 and 1979 by the Gandhi Peace Foundation and the National Labour Institute, which remains the most detailed survey on debt bondage, estimated the total number of bonded labourers in the agricultural sector at 2.62 million. The majority of people who are in debt bondage are Dalits, of "low" caste, or indigenous peoples - also referred to as members of the scheduled castes and scheduled tribes.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Debt bondage as a key form of contemporary slavery 2016, para. 49
- Paragraph text
- Comprehensive national and/or regional surveys should be undertaken to identify those in bonded labour, and should include disaggregated information on those affected, by age, gender, nationality, caste or ethnic group, and to identify the industries in which debt bondage is prevalent. The existence of detailed data is a necessary step for the development of effective policies, systems and practices.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Debt bondage as a key form of contemporary slavery 2016, para. B.
- Paragraph text
- [Recommendations to Member States:] Put in place comprehensive programmes that allow identified bonded labourers to be able to access the support that they need to fulfil their right to rehabilitation.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Person(s) affected
- All
- Year
- 2016
Paragraph