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A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 17
- Paragraph text
- It is important to emphasize that the relevant legislation must be clear, enforceable and comprehensive to ensure effective protection of the victim. States must criminalize trafficking as it has been defined by international law. This means that criminalization must cover a range of end purposes, including forced and exploitative labour; it must recognize the possibility of women, men and children being victims of trafficking; and that the trafficking in children must be defined differently to trafficking in adults. A trafficking law that covers only one of these aspects would fall short of this standard.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Men
- Women
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 43
- Paragraph text
- The Special Rapporteur is concerned, however, by practices where victims of trafficking are mandatorily detained in shelters. Although the Special Rapporteur recognizes that the motivation for this may be to protect victims, she notes that the routine detention of victims of trafficking violates, in some circumstances, the right to freedom of movement and, in most, if not all, circumstances, the prohibitions on unlawful deprivation of liberty and arbitrary detention. International law absolutely prohibits any discriminatory detention of victims, including detention that is linked to the sex of the victim. The routine detention of women and of children in shelter facilities, for example, is clearly discriminatory and therefore unlawful.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 44
- Paragraph text
- In Thailand, concerns persist that children and women identified as victims of trafficking are automatically placed in Government-run shelters, pursued if they "escape" and, in some cases, forced to spend years awaiting processing. Such detention not only impedes the rights of victims but also discourages and diminishes the quality of victim cooperation with authorities. Above and beyond the infringement of victims' human rights, the Special Rapporteur observes that such an approach can serve as a disincentive for victims to report cases to authorities.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 80
- Paragraph text
- The Special Rapporteur notes that linking asset seizure to victim support is in line with a rights-based approach to human trafficking. Recovered assets can be a key source of funds when providing victims with compensation. The Special Rapporteur reminds States that trafficking victims have a right to compensation for the harm committed against them. Indeed, article 6, paragraph 6 of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children provides that States parties legal systems must take measures that offer the possibility of compensation to victims.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 90
- Paragraph text
- In addition to criminalizing trafficking in persons in conformity with the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, States must ensure the criminalization of other crimes relating to trafficking in persons, including - but not limited to - corruption, money-laundering, debt bondage, obstruction of justice and participation in organized criminal groups.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2012
Paragraph
A more systematized and equitable response to internally displaced persons outside camps 2012, para. 43
- Paragraph text
- Improved and more systematized responses to IDPs outside camps, can also help address a number of other issues, including the precarious nature and protection problems raised by unmonitored and unassisted hosting arrangements such as those between IDPs and host families or friends. Highly or entirely dependent on the assistance and shelter provided by host families, certain groups of IDPs, such as vulnerable categories of women, children and the elderly, may be particularly at risk of a number of protection concerns, including abuse, exploitation, and sexual violence by their hosts. In this regard, this mandate has recommended the establishment of appropriate monitoring and ombuds-mechanisms, and other activities such as visits by social workers, working with local associations and counselling centres, and the establishment of a hotline, in order enhance the protection of IDPs living within host-family arrangements.
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Humanitarian
- Movement
- Violence
- Person(s) affected
- Children
- Persons on the move
- Women
- Year
- 2012
Paragraph
Ability of associations to access financial resources as a vital part of the right to freedom of association & Ability to hold peaceful assemblies as an integral component of the right to freedom of peaceful assembly 2013, para. 36
- Paragraph text
- For instance, the obligation for associations to route funding through state channels; to report on all funds received from foreign sources and how these are allocated or used (e.g. Kyrgyz Republic); to obtain authorization from the authorities to receive or use funds (e.g. Jordan, Sudan) all constitute human rights violations. In some cases, not only does legislation providing for an authorization procedure not comply with international law, but the implementation of such strict provisions is also problematic For example, in Bangladesh, a human rights association encountered arbitrary delays greatly in excess of the legal 45-day period before receiving a response to an application for project approval from the NGO Affairs Bureau; in Egypt, a women rights association was granted approval for funding seven months after its request, which was far beyond the 60 days prescribed by law. In some other cases (e.g. Azerbaijan, Uganda, Zimbabwe), activists were subject to intimidation and sometimes physical assault aimed at forcing them to provide the names of their funding partners.
- 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
- Women
- Year
- 2013
Paragraph
Ability of associations to access financial resources as a vital part of the right to freedom of association & Ability to hold peaceful assemblies as an integral component of the right to freedom of peaceful assembly 2013, para. 43
- Paragraph text
- The ability to hold peaceful assemblies is a fundamental and integral component of the multifaceted right to freedom of peaceful assembly, which shall be enjoyed by everyone. Such ability is of utmost importance to the work of civil society actors, including those promoting the realization of economic, social and cultural rights, as it enables them to publicly voice their message, which ultimately benefits the realization of the right(s) they strive to promote and protect, especially in the context of the ongoing dire economic crisis. This is all the more relevant for groups most at risk of violations and discrimination, such as women, youth, indigenous peoples, persons with disabilities, persons belonging to minority groups, groups at risk because of their sexual orientation and gender identity and non-nationals.
- 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
- Gender
- Person(s) affected
- Ethnic minorities
- Women
- Youth
- Year
- 2013
Paragraph
Ability of associations to access financial resources as a vital part of the right to freedom of association & Ability to hold peaceful assemblies as an integral component of the right to freedom of peaceful assembly 2013, para. 67
- Paragraph text
- In this connection, the IACHR stressed that "the competent institutions of the State have a duty to design operating plans and procedures that will facilitate the exercise of the right of assembly,.[including] rerouting pedestrian and vehicular traffic in a certain area". An assembly causes only a temporary obstruction to traffic, that is, a temporary interference with the rights and activities of others. The Special Rapporteur finds it troubling that in some States, street protests are forbidden under domestic legislation (Malaysia); it is prohibited for street marches to impede the movement of traffic and pedestrians (Belarus); mass gatherings are prohibited and subject to a heavy fine as they may, inter alia, disrupt traffic and transportation (Russian Federation); application to hold a peaceful assembly to celebrate International Peace Day was rejected by the authorities, allegedly because it would have, inter alia, disrupted traffic (Myanmar); women human rights defenders have repeatedly been arrested and detained for disrupting traffic during peaceful street marches (Zimbabwe).
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Activists
- Women
- Year
- 2013
Paragraph
Ability of associations to access financial resources as a vital part of the right to freedom of association & Ability to hold peaceful assemblies as an integral component of the right to freedom of peaceful assembly 2013, para. 69
- Paragraph text
- Possible issues for discussion include an estimate of the number of participants expected; itinerary of the assembly, if it is not static; specific needs of persons with disabilities and groups at risk, such as women, indigenous peoples and groups who, due to their sexual orientation and/or gender identity may be in need of greater protection by the authorities; need to deploy properly trained and clearly identified stewards whose role is to provide assistance to organizers by, inter alia, informing and orienting the public during the event, but who should not be used to palliate deficiencies in the security apparatus. Importantly, when organizers cannot be identified due to the nature of certain assemblies (such as those convened through the Internet), the authorities must undertake such planning and be prepared to the same extent.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Ethnic minorities
- Persons with disabilities
- Women
- Year
- 2013
Paragraph
Access to justice and the right to food: the way forward 2015, para. 22
- Paragraph text
- India has led the way, not only at the regional level, but also globally, in terms of developing jurisprudence on economic, social and cultural rights. Its Constitution provides a strong legal framework for the protection and promotion of human rights, with article 47 noting that "States shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties". It has also recently joined a select group of countries that are legally obliged to ensure the distribution of subsidized food grains to its people. With the historic passing of its National Food Security Act in September 2013, India has pledged to provide heavily subsidized food grains to approximately two thirds of its population. The National Food Security Act will amount to the largest food security programme in the world, and aims to reduce malnutrition and improve food security. It also promotes gender-based rights and social inclusion of women, and includes provision for social monitoring and complaint mechanisms. While the Act has received criticism, particularly owing to its failure to address the nutritional aspect, and for placing too much emphasis on public distribution without tackling the root causes of poverty and hunger, the Special Rapporteur commends Indian efforts to address chronic malnutrition, and encourages India to work with relevant stakeholders to tackle any potential gaps that may prevent this innovative approach from achieving its full potential
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Gender
- Governance & Rule of Law
- Health
- Person(s) affected
- Women
- Year
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 33
- Paragraph text
- Women, in particular, face significant barriers to accessing justice given their subordinate position in many societies, and the lack of information and knowledge about their rights and the ways to claim their protection. Indeed, women in rural areas often are unaware of their legal rights. In many rural areas, sociocultural norms make women fearful of retribution or ostracism if they pursue land claims or seek protection from violence. As a result, women tend to be denied access to justice more often than men, and are also more likely to be denied justice altogether.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Person(s) affected
- Men
- Women
- Year
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 72e
- Paragraph text
- [The Special Rapporteur recommends that States:] Ensure the empowerment of women by guaranteeing their basic right to access adequate food and take steps to implement gender-mainstreaming in relation to domestic policies on agricultural, property and inheritance rights;
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Gender
- Person(s) affected
- Women
- Year
- 2015
Paragraph
Access to justice for people living in poverty 2012, para. 13
- Paragraph text
- These principles require that claimants or defendants must be able to exercise their rights and defend their interests effectively and in full procedural equality with other parties. When there is a big disparity in the economic or social status of litigants, as is often the case when those living in poverty seek redress for grievances against more powerful parties, there is a high risk of an unequal trial. For example, this is likely when impoverished workers want to bring a case against their employer for unfair and unjust working conditions or when a woman without personal income or resources brings a case against her partner for domestic violence. Procedural inequality can also arise in litigation against the State.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Poverty
- Person(s) affected
- Women
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 18
- Paragraph text
- Certain groups that suffer from structural discrimination and exclusion and are disproportionately represented among the poor, particularly ethnic and racial minorities, migrants and indigenous peoples, encounter additional barriers to accessing justice. Those difficulties are multiplied for women living in poverty, who experience compounded discrimination and disempowerment, not to mention financial constraints. Therefore, across different contexts, women living in poverty experience particular difficulties in accessing justice mechanisms and winning judicial recognition, action and enforcement for crimes, discrimination and human rights violations they are disproportionately subject to. Children are often denied the due process guarantees that they are entitled to on the same basis as adults, as well as additional protections that are necessary, in particular when they are particularly deprived or marginalized.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Poverty
- Social & Cultural Rights
- Person(s) affected
- Children
- Ethnic minorities
- Persons on the move
- Women
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 22
- Paragraph text
- Women living in poverty often face particularly strong social barriers to pursuing cases. In some contexts, there are strong cultural norms against women speaking on their own behalf in disputes. Social sanction is a particular obstacle for women who are victims of domestic or sexual violence. In the case of gender-based violence, for example, social constraints account partly for the disproportionately high underreporting and attrition rates.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Poverty
- Social & Cultural Rights
- Violence
- Person(s) affected
- Women
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 23
- Paragraph text
- Another social barrier relates to the powerlessness and dependence of persons living in poverty or their subordination to other groups or persons. For example, in some societies, poor women may be unable to approach justice systems without the assistance of a male relative, while in very hierarchical societies those who are economically dependent on other groups are unlikely to pursue justice claims against them.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Person(s) affected
- Women
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 30
- Paragraph text
- Women living in poverty suffer compounded obstacles to accessing justice generated by inadequate legal frameworks and normative protection, because the deprivations and abuse that women suffer as women are often not recognized in law. Many States lack legal and constitutional frameworks that guarantee women the enjoyment of their rights, such as anti-discrimination laws. Issues such as domestic violence, sexual violence, reproductive rights, and equal pay and inheritance rights are not adequately addressed in many legal regimes, thus curtailing any possibility of seeking remedies. This has a particularly devastating impact on poor women, who are often left without any formal or informal recourse.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Poverty
- Person(s) affected
- Women
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 38
- Paragraph text
- Such factors often act as a persuasive deterrent against seeking redress from judicial or adjudicatory mechanisms, or may indeed represent an insurmountable obstacle for the poorest and most marginalized. This is especially so for those who have limited mobility, such as older persons or persons with disabilities, or those for whom travel is more difficult or dangerous, including women and children.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Poverty
- Person(s) affected
- Children
- Older persons
- Persons with disabilities
- Women
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 42
- Paragraph text
- When judicial systems receive inadequate financial and human resource allocations from State budgets, police stations, prosecution corps and courthouses are understaffed and poorly equipped, and benches are deprived of adequate numbers of judges. The result is serious neglect and even mistreatment of those seeking justice, which is more pronounced for the most disadvantaged, whose cases are usually underprioritized. Again, this frequently has an especially harsh impact on women, as often the criminal justice and legal system lacks capacity to ensure a swift, fair and gender-sensitive approach.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 43
- Paragraph text
- Non-registration of complaints by the police is a practice common in overburdened and underresourced criminal justice systems. In such cases, it is usually the complaints of persons living in poverty that go unregistered, owing to bias and discrimination, and their disempowerment and lack of knowledge and information about their rights. Cases involving gender-based violence, notably rape allegations, often go unregistered, particularly when the victim is a woman living in poverty and lacks awareness or the means to pressure the police to investigate.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Poverty
- Violence
- Person(s) affected
- Women
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 44
- Paragraph text
- The rights and interests of women are thus especially compromised by badly resourced and trained judicial systems and police forces, State organs that traditionally reflect and prioritize the interests of men and are dominated by men. Not only do women living in poverty come up against stark power imbalances and discriminatory cultural norms and other social structures when instituting legal proceedings, they are also disadvantaged by the lack of training afforded to officials on the application of laws relating to gender-based violence and the proper treatment of victims and handling of complaints. Women living in poverty have even less power and capacity to challenge this state of affairs.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Poverty
- Violence
- Person(s) affected
- Men
- Women
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 53
- Paragraph text
- In civil claims, fees are payable when claims and motions are filed or when time limits are exceeded. In addition, the unsuccessful party in a civil case is often ordered to pay the legal costs of the successful party. Such fees are unaffordable for persons living in poverty and act as a disincentive to instituting claims. For example, in some countries the cost of divorce proceedings, including child custody claims, or of filing a land inheritance claim is many times the monthly income of a person living in poverty, and presents an even greater barrier for poor women.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Poverty
- Person(s) affected
- Women
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 54
- Paragraph text
- The existence of administrative and other fees disproportionately disadvantages women, who often have less financial independence or access to financial resources. Women's access to the judicial system to determine civil claims with respect to divorce, child custody and land inheritance is impeded when excessive fees are imposed. Women living in poverty may also be prevented from filing criminal charges for domestic violence, rape or other forms of gender-based violence because they are unable to afford the fees incurred.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Gender
- Poverty
- Violence
- Person(s) affected
- Women
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 56
- Paragraph text
- Those costs are particularly severe for persons who live in rural areas, who may have to travel for days to access the justice system. Individuals who have informal or precarious work are unlikely to obtain their employer's permission to take time off to attend a hearing, even if they are willing to forego pay. Attendance would mean they risk losing their jobs and income altogether. Caregivers, the majority of whom are women, may not be able to leave home to submit a claim or to attend a court hearing.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Women
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 58
- Paragraph text
- Persons living in poverty are more likely than other individuals to be confronted with requests for bribes and to resort to paying bribes. Moreover, bribes represent a greater burden for persons living in poverty, often meaning that they have to sell assets or sacrifice their health or education in order to meet such demands. Evidence shows that women are more likely to be affected by demands for bribes within the justice system and in many cases they are also subject to harassment or abuse by law enforcement officers.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Poverty
- Person(s) affected
- Women
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 63
- Paragraph text
- Women face compounded difficulties in accessing legal aid in criminal and civil matters. This has a particular impact on poor female victims of criminal offences such as domestic violence, or those pursuing divorce, child custody or land inheritance.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Gender
- Violence
- Person(s) affected
- Women
- 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 justice for people living in poverty 2012, para. 76
- Paragraph text
- This can constitute a significant barrier for the poorest and most marginalized, many of whom speak local languages or dialects, as well as for indigenous populations, ethnic minorities and migrants. In particular, those who are often excluded from education services, including women, are less likely to have received adequate schooling in the official or predominant language.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Women
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 77
- Paragraph text
- Despite States' obligation to ensure that individuals facing a criminal charge have access to a free interpreter (International Covenant on Civil and Political Rights, art. 14.3 (f)), often this service is limited, unavailable or reserved for those who speak a foreign language, rather than a minority language or local dialect, and is rarely provided in civil cases. The issue of language disproportionately disadvantages women, who are not only less likely to speak the predominant language and require an interpreter, but who are also vulnerable to abuse or exploitation by interpreters, whose cultural prejudices may inform their translation.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Movement
- Person(s) affected
- Women
- Year
- 2012
Paragraph