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Stigma and the realization of the human rights to water and sanitation 2012, para. 44
- Paragraph text
- Human dignity is the foundation of all human rights. The International Covenants on Human Rights proclaim that the rights enshrined therein derive from the inherent dignity of the human person. Human dignity is an intrinsic and universal quality of the human person. Behaviour and activities that violate human dignity can include activities or statements that "demean and humiliate individuals or groups because of their origins, status or beliefs", as well as negative stereotyping that implies that members of a particular group are inferior. Stigma is, by its demeaning and degrading nature, antithetical to the very idea of human dignity. Stigma as a process of devaluation, of making some people "lesser" and others "greater", is inconsistent with human dignity, which is premised on notions of the inherent equality and worthiness of the human person. It undermines human dignity, thereby laying the groundwork for violations of human rights. Human dignity is closely linked to the realization of the human rights to water and sanitation, and to various related rights such as non-discrimination, the right to be free from inhuman or degrading treatment, and the right to privacy.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Water & Sanitation
- Person(s) affected
- All
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Migration and the right to adequate housing 2010, para. 24
- Paragraph text
- States have an immediate obligation to ensure non-discrimination in the enjoyment of economic, social and cultural rights, including the right to adequate housing, regardless of their level of development, in order to reduce existing inequalities (see E/1991/23, annex III, para. 1). The obligation of non-discrimination requires the equitable allocation of resources and services to ensure the realization of the right to adequate housing to all, and is not subject to progressive realization. It entails prioritizing the needs of marginalized and disadvantaged groups; eliminating laws, policies and practices that disproportionately affect the right to adequate housing of certain groups; incorporating equality and non-discrimination principles in all legislation and policies; and adopting special measures to counter embedded discrimination and inequalities against particular groups. States have no justification for not protecting vulnerable groups from housing-related discrimination, as the obligation to prohibit discrimination is binding on all States even in times of severe resource constraints (see E/1991/23, para. 12, and E/C.12/GC/20, para. 13).
- 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)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
The right to social security (Art. 9) 2007, para. 42
- Paragraph text
- There is a strong presumption that retrogressive measures taken in relation to the right to social security are prohibited under the Covenant. If any deliberately retrogressive measures are taken, the State party has the burden of proving that they have been introduced after the most careful consideration of all alternatives and that they are duly justified by reference to the totality of the rights provided for in the Covenant, in the context of the full use of the maximum available resources of the State party. The Committee will look carefully at whether: (a) there was reasonable justification for the action; (b) alternatives were comprehensively examined; (c) there was genuine participation of affected groups in examining the proposed measures and alternatives; (d) the measures were directly or indirectly discriminatory; (e) the measures will have a sustained impact on the realization of the right to social security, an unreasonable impact on acquired social security rights or whether an individual or group is deprived of access to the minimum essential level of social security; and (f) whether there was an independent review of the measures at the national level.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2007
- Date added
- Aug 19, 2019
Paragraph
Affordability of water and sanitation services 2015, para. 61
- Paragraph text
- A broader mechanism for achieving access to water and sanitation services for people living in poverty is to put in place "social protection floors". These are nationally defined basic social security guarantees that ensure access to essential services, including water and sanitation, as well as providing basic income security to those in need. Human Rights Council resolution 28/12 of 9 April 2015 acknowledged "that social protection floors may facilitate the enjoyment of human rights… safe drinking water and sanitation, in accordance with the human rights obligations of States" and encouraged "States to put in place social protection floors as part of comprehensive social protection systems" (A/HRC/RES/28/12, paras. 6 and 8). Social protection floors can be particularly relevant for achieving gender equality and protecting marginalized or disadvantaged individuals and groups. At the national level, for instance, Cambodia has made support for sanitation and water in times of emergency and crisis a key intervention under the National Social Protection Strategy for the Poor and Vulnerable. In Mexico, the federal budget for social spending, which contributes to building a social protection floor, includes water supply and sewerage.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Poverty
- Social & Cultural Rights
- Water & Sanitation
- Person(s) affected
- All
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Diversity in humanity, humanity in diversity 2017, para. 62
- Paragraph text
- The present report is the first report of the Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity, and its theme is “diversity in humanity, humanity in diversity”. The phenomenon of violence and discrimination based on sexual orientation and gender identity is both local and global, requiring strong national and international countermeasures to promote respect for sexual and gender diversity under the umbrella of international human rights law. In recognizing that everyone has some form of sexual orientation and gender identity, there is the regrettable reality that some groups and persons are affected by violence and discrimination, precisely because they are viewed as having a sexual orientation and gender identity that is different from a particular societal norm. This is enmeshed in the political, social, cultural and economic setting of each country, which invites a context-specific analysis and understanding of each scenario. While human rights are inherent to all persons without distinction, the situation facing those groups and persons may vary; it is not necessarily homogeneous.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Violence
- Person(s) affected
- All
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
SRSG on violence against children: Annual report 2015, para. 104
- Paragraph text
- Large public education campaigns have been developed in support of changing cultural norms around drinking; they are most effective when they involve a variety of sectors and are part of a comprehensive strategy, including increased community safety and legal enforcement.
- Body
- Special Representative of the Secretary-General on violence against children
- Document type
- SRSG report
- Topic(s)
- Education
- Social & Cultural Rights
- Person(s) affected
- All
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
SRSG on violence against children: Annual report 2014, para. 134
- Paragraph text
- Data, research and evaluation should be developed and widely shared to promote a paradigm shift from punitive to restorative justice approaches that respect and protect the rights of the child.
- Body
- Special Representative of the Secretary-General on violence against children
- Document type
- SRSG report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Children
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
SRSG on violence against children: Annual report 2013, para. 89
- Paragraph text
- Many governmental responses highlighted that gender equality is established as a fundamental principle in the national constitution or specific legislation; in some cases there is a policy to promote gender equality and equity, or legislation to address specific manifestations of gender-based violence.
- Body
- Special Representative of the Secretary-General on violence against children
- Document type
- SRSG report
- Topic(s)
- Gender
- Social & Cultural Rights
- Person(s) affected
- All
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Development cooperation in the water and sanitation sector 2016, para. 8
- Paragraph text
- International human rights law defines the obligations of States with respect to taking appropriate measures, including through international assistance and cooperation, to the maximum of their available resources, towards the full realization of economic, social and cultural rights.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Different levels and types of services and the human rights to water and sanitation 2015, para. 12
- Paragraph text
- Use of sanitation facilities and services must be available at a price that is affordable to all people (see A/HRC/30/39). This must include all associated costs, ranging from regular tariffs to connection fees in the case of networked provision, to costs of on-site solutions such as the construction or maintenance of pit latrines and septic tanks. There are often costs that go unrecognized when planning for technical solutions. For example, on-site technologies may require regular maintenance, including the emptying of pits or septic tanks and the sludge management. Sanitation based on a flush toilet generally requires payment for additional quantities of water. Paying for these services must not limit people's capacity to acquire other basic goods and services guaranteed by human rights, such as the right to food, housing, health and education. Affordability does not necessarily require services to be provided free of charge. People are generally expected to contribute according to their means. However, when people are unable, for reasons beyond their control, to access sanitation through their own means, the State is obliged to find solutions for ensuring their access to sanitation free of charge.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Social & Cultural Rights
- Water & Sanitation
- Person(s) affected
- All
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Wastewater management in the realization of the rights to water and sanitation 2013, para. 20
- Paragraph text
- In 2010, the human right to water and sanitation was explicitly recognized by the General Assembly and the Human Rights Council, and is guaranteed as a component of the human right to an adequate standard of living. The Special Rapporteur, in her capacity as an independent expert on the issue of human rights obligations related to access to safe drinking water and sanitation, defined sanitation from a human rights perspective as a system for the collection, transport, treatment and disposal or reuse of human excreta and associated hygiene. The Special Rapporteur has stated that States must ensure without discrimination that everyone has physical and economic access to sanitation, in all spheres of life, which is safe, hygienic, secure, socially and culturally acceptable, provides privacy and ensures dignity. She further considers that domestic wastewater, which flows from toilets, sinks and showers, should be included in the description of sanitation insofar as water regularly contains human excreta and the by-products of the associated hygiene (see A/HRC/12/24, paras. 63 and 87). The Committee on Economic, Social and Cultural Rights endorsed this definition at its forty-fifth session in its statement on the right to sanitation. (E/C.12/2010/1).
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Social & Cultural Rights
- Water & Sanitation
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right to participation of people living in poverty 2013, para. 23
- Paragraph text
- Ultimately, the enjoyment of the right to participation can benefit society as a whole, building trust and solidarity, creating better social cohesion and contributing to more inclusive and pluralistic societies, and bringing new issues and voices into the public arena.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right to participation of people living in poverty 2013, para. 53
- Paragraph text
- Mechanisms, processes and channels should be adaptable to the local context, taking into account the specific needs of communities or individuals in different social and cultural settings, and also adaptable to changing local, national and international contexts and standards.
- 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
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Access to justice for people living in poverty 2012, para. 96
- Paragraph text
- [States should:] Actively disseminate legal and judicial information, for example about laws, legal decisions and policy decisions, to all without charge and in multiple formats and languages
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Access to justice for people living in poverty 2012, para. 96
- Paragraph text
- [States should:] Take positive measures to raise the capacity of poor and disadvantaged groups to ensure that they have full understanding of their rights and the means through which they can enforce them
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 12
- Paragraph text
- Even when resources are limited, States are legally bound to respect, protect and fulfil international human rights obligations. For State parties to the International Covenant on Economic, Social and Cultural Rights, this means, for example, that they must dedicate the maximum amount of resources available to progressively achieve the full realization of all economic, social and cultural rights. The human rights perspective distinguishes between the inability and the simple unwillingness to act. States cannot use the economic damage caused by the crises to justify actions or omissions that amount to violations of basic human rights obligations. While economic, social and cultural rights are often subject to the principle of "progressive realization" depending on the availability of resources in each State, this principle also prescribes particular modes of conduct that are compulsory for all States, regardless of their level of development. These obligations considerably limit the discretion of States with regard to the implementation of economic, social and cultural rights, and require immediate action.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- N.A.
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Penalization of people living in poverty 2011, para. 46
- Paragraph text
- These policies not only severely impact the inclusiveness and diversity of cities, and increase the segregation and social exclusion of those living in poverty, but also represent serious obstacles to the enjoyment of rights to adequate housing, to work, to an adequate standard of living and to take part in cultural life.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Poverty
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Social protection and old age poverty 2010, para. 51
- Paragraph text
- Establishing or extending social security systems is more than a policy option or a means for reducing poverty; it is first and foremost a duty of States stemming directly from human rights norms and standards, in particular the right to social security and the right to an adequate standard of living.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Poverty
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
The right to life and the right to adequate housing: the indivisibility and interdependence between these rights 2016, para. 73
- Paragraph text
- States must address issues of inadequate housing and homelessness and name them as core human rights issues linked to the right to life - in domestic law and policy and in international initiatives, including the 2030 Agenda for Sustainable Development and the New Urban Agenda. States must also conduct a thorough examination of legislation, court practice and public policies to ensure that the right to life is not restricted to a negative rights framework. States must formally recognize that the right to life includes the right to a place to live in dignity and security, free of violence, and ensure access to justice for all victims of violations of the right to life, including those linked to homelessness and inadequate housing. Governments must ensure the effective integration of housing policy and social protection with human rights frameworks, mechanisms and institutions, so that housing policy is properly framed around the implementation of core human rights obligations, and access to effective remedies is incorporated in programme design and implementation.
- 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)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Responsibilities of local and other subnational governments in relation to the right to adequate housing 2015, para. 46
- Paragraph text
- Housing is an area of concurrent national and provincial competence in South Africa, but the Constitution requires the national and provincial governments to assign responsibilities to a municipality "if that matter would most effectively be administered locally and the municipality has the capacity to administer it". Within that context, the Constitutional Court established that measures taken to realize the right to adequate housing must be "reasonable" - that they must be comprehensive, coherent, flexible and effective; have due regard for those in poverty and deprivation; utilize available resources; be free of bureaucratic inefficiency or onerous regulations and ultimately be capable of realizing the right to adequate housing. The Court also emphasized the fact that responsibilities must be clearly allocated to the different spheres of government with appropriate financial and human resources, and that local governments have an obligation to ensure that services are provided in a sustainable manner. The Court held that the housing programme had failed to adequately prioritize those in the greatest need.
- 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)
- Equality & Inclusion
- Poverty
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Responsibilities of local and other subnational governments in relation to the right to adequate housing 2015, para. 20
- Paragraph text
- The experiences of decentralization in relation to human rights and the right to adequate housing, however, have been mixed. As Paul Lundberg noted, "the issue of human rights has not figured prominently in the ongoing discussion on decentralization". Reference to human rights obligations or the right to adequate housing is conspicuously absent, even from the International Guidelines on Decentralisation and Access to Basic Services for all and the European Charter of Local Self-Government. Decentralization and local governance initiatives from international or regional financial institutions such as the International Monetary Fund and the Inter-American Development Bank, United Nations agencies such as the United Nations Development Programme, as well as from associations of local governments, have focused on economic and political dimensions and participatory rights linked to decentralization. However, they have largely ignored the question of how States' human rights obligations in relation to the right to adequate housing are to be applied to local governments that have taken on key responsibilities for programmes and policies.
- 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)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Centrality of the right to adequate housing for the development and implementation of the New Urban Agenda to be adopted at Habitat III in October 2016 2015, para. 65
- Paragraph text
- Obligations of States to maintain the rule of law are too often considered primarily in relation to legal protections of existing title to property or contractual economic relationships. Under the rule of law, however, fundamental human rights must be guaranteed, including the right to adequate housing. An urban rights agenda will require a more inclusive approach to the rule of law in cities than has been applied in the past, focused on the need to effectively address the circumstances of those who have had no access to legal title to land, housing or property. The right to housing must be fully incorporated within urban law as a right not only to physical and environmental aspects of housing but also to the equal protection of the law, with full protection of security of tenure, health and safety and entitlement to basic services, livelihood and cultural life. Laws and policies must be subject to ongoing review so as to adjust to emerging patterns of exclusion or to address previously unrecognized circumstances.
- 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)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Centrality of the right to adequate housing for the development and implementation of the New Urban Agenda to be adopted at Habitat III in October 2016 2015, para. 29
- Paragraph text
- Housing, however, was a clear outlier in the seven Millennium Development Goals. Housing or homelessness were nowhere specifically mentioned. The only housing-related target (Target 7.D: "By 2020, to have achieved a significant improvement in the lives of at least 100 million slum dwellers") was placed under the goal of environmental sustainability in Goal 7. The target suffered from vagueness and damaging interpretations. It allowed national assessment reports to reference almost any improvement, even if only marginal; and a focus on data regarding the proportion of the urban population living in slums as a key indicator encouraged forced evictions that were in fact contrary to human rights law. The target of 100 million was a drop in the bucket compared to the more than one billion people living in inadequate or slum-like conditions and it was detached from key human rights concerns, such as ensuring access to adequate housing, including security of tenure for all.
- 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)
- Environment
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Reflection on work undertaken in first 14 years of the mandate; outline of opportunities and priorities 2014, para. 34
- Paragraph text
- The Special Rapporteur will also consider ways in which the mandate can support access to justice in relation to all aspects of the right to adequate housing. She recognizes that ensuring access to justice, particularly with respect to claims involving the obligation of States to take positive measures towards the realization of the right to adequate housing, presents new challenges. Courts and human rights bodies need to be provided with reliable evidence concerning resource constraints and competing needs. More participatory approaches to the adjudication of rights need to ensure that all stakeholders, including marginalized groups, are able to have their voices heard. Governments need to put accountability mechanisms in place, and to work in partnership with claimants and other stakeholders to improve policies and ensure effective remedies. Researchers and international monitoring groups need to further develop methodologies for providing statistics and reliable indicators of compliance with all aspects of the right to adequate housing.
- 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)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Analysis of two alternative housing policies: rental and collective housing 2013, para. 46
- Paragraph text
- Evidence indicates that both demand- and supply-side subsidies for the private rental sector are more cost effective and less costly then subsidies for homeownership and are therefore more compatible with the obligation of States to make use of the maximum available resources in order to ensure the progressive realization of the right to adequate housing. A regulated and effective housing benefit system is necessary to ensure various aspects of the right to adequate housing, including affordability, non-discrimination and habitability, while also enhancing the opportunities for individuals to exercise a number of other human rights, including the right to work, the right to education and the right to health. In addition, the private (formal and informal) rental sector is better targeted to lower-income households (compared with housing finance schemes that mainly assist middle-income households) and therefore may assist States in complying with the obligation to give due priority to social groups living in unfavourable conditions. Policies and legislation should correspondingly not be designed to benefit already advantaged social groups at the expense of others.
- 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)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Contemporary challenges to freedom of expression 2016, para. 41
- Paragraph text
- Human rights law places a high value on the individual's ability to hold beliefs and practise religious faith. The Human Rights Council has raised concerns about discrimination and violence against persons on the basis of their religion or belief (see Council resolution 16/18). Yet neither article 18, on freedom of religion, conscience or belief, article 19 nor article 20 (2) of the Covenant protects religions, institutions or beliefs as such. The Special Rapporteur on freedom of religion or belief has noted that the right to freedom of religion or belief has sometimes been misperceived as protecting religions or belief systems in themselves (see A/HRC/31/18, para. 13), when it in fact protects individuals holding or expressing those beliefs. In paragraph 48 of its general comment No. 34, the Human Rights Committee emphasized that prohibitions of displays of lack of respect for a religion or other belief system, including blasphemy laws, are incompatible with article 19. Nor, the Committee noted, would it be permissible for such prohibitions to be used to prevent or punish criticism of religious leaders or commentary on religious doctrine and tenets of faith.
- 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
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Access to land and the right to food 2010, para. 20
- Paragraph text
- Individual titling appears to matter less to the poor than security of tenure, reflecting the fact that "[a]t low levels of income and in the absence of other social security mechanisms, land serves as a social safety net for the rural poor and provides them their basic means of livelihood". In other words, while security of land tenure and recognition of land rights may correspond to strong demand, as illustrated by a number of country experiences, the same cannot be said of individual titling and the alienability of land. On the contrary, the limiting of land sales can protect smallholders from pressure to cede their land; it can also protect use rights regarding communal land and preserve communal forms of land management. There is growing experience with the use of low-cost, accessible tools for recording local land rights, or at least land transactions, to ensure security of tenure through the recognition of use rights rather than full ownership. Examples include the "Plan foncier rural", implemented in Benin and tested in Burkina Faso, and the $1 registration process leading to the issuance of certificates in some Ethiopian states. An interesting illustration of the decentralized management of land rights is Law 2005-019 of Madagascar, setting forth the status of land.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Assessment of the educational attainment of students 2014, para. 29
- Paragraph text
- Education is invaluable for the preservation of the cultural heritage of humankind. Inculcating in students a commitment to preserving and enriching multicultural and multilingual diversity and promoting a better understanding and appreciation of the richness of cultural diversity deserves an important place in any education system. National curricula should aim to prepare students for the defence of cultural diversity as an ethical imperative, inseparable from respect for human dignity, as expressed in the UNESCO Universal Declaration on Cultural Diversity of 2001. The main lines of the action plan for the implementation of the Declaration clearly provide for promoting through education an awareness of the positive value of cultural diversity and improving to this end both curriculum design and teacher education. The education provided, as well as the assessments of students, should show the importance attached to the preservation and promotion of cultural diversity and pluralism as an essential part of human-centred development. The assessment of students should demonstrate their understanding of common values shared by all humankind, with respect for people from different civilizations, cultures and religions.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Right of everyone to take part in cultural life (Art. 15, para. 1(a)) 2009, para. 55c
- Paragraph text
- [In its general comment No. 3 (1990), the Committee stressed that States parties have a minimum core obligation to ensure the satisfaction of, at the very least, minimum essential levels of each of the rights set out in the Covenant. Thus, in accordance with the Covenant and other international instruments dealing with human rights and the protection of cultural diversity, the Committee considers that article 15, paragraph 1 (a), of the Covenant entails at least the obligation to create and promote an environment within which a person individually, or in association with others, or within a community or group, can participate in the culture of their choice, which includes the following core obligations applicable with immediate effect:]To respect and protect the right of everyone to engage in their own cultural practices, while respecting human rights which entails, in particular, respecting freedom of thought, belief and religion; freedom of opinion and expression; a person's right to use the language of his or her choice; freedom of association and peaceful assembly; and freedom to choose and set up educational establishments;
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2009
- Date added
- Aug 19, 2019
Paragraph
Right of everyone to take part in cultural life (Art. 15, para. 1(a)) 2009, para. 2
- Paragraph text
- The right of everyone to take part in cultural life is closely related to the other cultural rights contained in article 15: the right to enjoy the benefits of scientific progress and its applications (art. 15, para. 1 (b)); the right of everyone to benefit from the protection of moral and material interests resulting from any scientific, literary or artistic production of which they are the author (art. 15, para. 1 (c)); and the right to freedom indispensable for scientific research and creative activity (art. 15, para. 3). The right of everyone to take part in cultural life is also intrinsically linked to the right to education (arts. 13 and 14), through which individuals and communities pass on their values, religion, customs, language and other cultural references, and which helps to foster an atmosphere of mutual understanding and respect for cultural values. The right to take part in cultural life is also interdependent on other rights enshrined in the Covenant, including the right of all peoples to self determination (art. 1) and the right to an adequate standard of living (art. 11).
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2009
- Date added
- Aug 19, 2019
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