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A more systematized and equitable response to internally displaced persons outside camps 2012, para. 33
- Paragraph text
- While in many cases, non-camp IDPs living in impoverished urban environments have many needs in common with others living in these environments, they also have specific needs and should be part of assistance programmes, and political and durable solutions strategies to address internal displacement in the country. This process may include, but is nonetheless distinct from the general socio-economic and development challenges related to urban poverty. Failing to recognize this often results in a "policy by default" which only treats IDPs within the wider, and often intractable problem of the urban poor. The Special Rapporteur believes that a combined approach, which includes community-based approaches and punctual IDP specific interventions is necessary in most contexts - in order to address IDP specific needs, constraints, human rights concerns and durable solutions, while taking into account the wider host community needs. Moreover, such an approach prevents harm through the exacerbation of poverty resulting from the neglect of specific IDP needs and solutions to their displacement. Assisting IDPs, particularly when combined with support to host communities, can reduce overcrowding, joblessness, poverty, homelessness and consolidate peace and reconstruction efforts, for the benefit of IDPs and the city as a whole.
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Poverty
- Person(s) affected
- Persons on the move
- Year
- 2012
Paragraph
A more systematized and equitable response to internally displaced persons outside camps 2012, para. 40
- Paragraph text
- Tensions may also arise due to perceptions by host communities that their own needs are being neglected or that IDPs are receiving preferential treatment. A recent study in two urban neighbourhoods in Bogota, Colombia, found tensions between host communities and IDPs, due largely to IDPs being regarded as receiving preferential treatment in a context of widespread urban poverty. In Guinea, host communities struggling to rebuild after attacks on their community, became increasingly vulnerable as they shared meagre resources with IDPs. While some of these challenges can also arise in the context of IDP camps, IDPs who live within the community will be especially affected given their level of dependency on informal community support. In this respect, a greater focus on assisting host communities in tandem with IDP assistance in order to prevent tensions, inequalities or the increasing vulnerability of hosts is a challenge for both development and humanitarian actors.
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Poverty
- Person(s) affected
- Persons on the move
- Year
- 2012
Paragraph
A more systematized and equitable response to internally displaced persons outside camps 2012, para. 59 F
- Paragraph text
- [In view of the above, the Special Rapporteur makes the following recommendations:] Promote awareness-raising with regard to the specific role and responsibilities, and the support and obstacles which municipal and provincial authorities may face in the protection and assistance of IDPs outside camps. In particular, collect information on structural, political and economic or budgetary factors affecting their response, both with regard to the provision of humanitarian assistance and to durable solutions such as local integration. Promote better understanding and capacity-building at the level of local authorities, with a view to: protecting the human rights of IDPs living within their communities (e.g. through non-discrimination, equal access to services); developing and/or implementing IDP-specific assistance and protection programmes, and community based approaches; facilitating durable solutions; and including IDPs outside camps in poverty reduction and local development plans;
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Humanitarian
- Poverty
- Person(s) affected
- Persons on the move
- Year
- 2012
Paragraph
Access to information in international organizations 2017, para. 2
- Paragraph text
- In his 2016 report detailing the refusal of the United Nations to acknowledge responsibility for the tragic outbreak of cholera in Haiti, the Special Rapporteur on extreme poverty and human rights noted the following: “It has been suggested to the Special Rapporteur by several sources that the legal advice originally submitted to the Secretary-General took a rather different approach to these crucial issues [the responsibility of the United Nations for the cholera outbreak] from that which was finally adopted, but this cannot be confirmed since none of the analyses of the Office of Legal Affairs have been made public. If true, however, it might explain why the arguments adduced in order to abdicate responsibility are both peremptory and inadequately justified (A/71/367, para. 33).”
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Poverty
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Access to justice and the right to food: the way forward 2015, para. 20
- Paragraph text
- In 2013, a coalition of NGOs Guatemala sin Hambre engaged in strategic litigation to claim the right to food of children suffering from chronic malnutrition and living in conditions of extreme poverty. The judgements were delivered in April 2013 by the Child and Adolescence Court of the Zacapa Department which, based on the facts, found violations of the right to food, the right to life, the right to housing and the right to an adequate standard of living. Specifically with regard to the right to food, the court grounded its reasoning on article 51 of the Constitution, which protects the right to food for children, as well as on article 11 of the Covenant and article 25 of the Universal Declaration. To define the right to food and the obligations that stem from it, the court cited general comment No. 12.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Poverty
- Person(s) affected
- Children
- Year
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 21
- Paragraph text
- The constitutional jurisprudence of India provides for the justiciability of economic, social and cultural rights based on "the right to life". This constitutional right was central to the case of People's Union for Civil Liberties ("PUCL") v. Union of India. In mid-2001, public food and employment programmes failed to provide food to deprived people in the impoverished and drought-stricken State of Rajasthan. The Supreme Court of India was petitioned by PUCL to compel the Government to respond to the hunger emergency. In response to the submissions, the Supreme Court held that the right to food was enshrined in the Constitution under the right to life provision in article 47, which requires that the State undertake measures to improve the nutritional state of the population. The Court handed down a series of resolutions which commenced in 2001 requiring State governments in India to implement food distribution programmes for the most disadvantaged. The Court's resolution had a considerable impact on the realization of the right to food in India, and provides an example of the influential role played by the judiciary in encouraging a legislative body to develop human rights legislation.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Humanitarian
- Poverty
- Person(s) affected
- All
- Year
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 31
- Paragraph text
- Access to public information in relation to the adoption of new laws or amendments to existing legislation is crucial for ensuring justiciability. States are obliged to ensure that this information is made readily available and easily accessible for everyone without discrimination. Particular effort should be made to disseminate information in a format that is user-appropriate, taking into consideration the individual needs of persons with disabilities, and those with low levels of literacy. Migrants and minority groups should not be prevented from accessing information owing to linguistic barriers, and materials should be adapted accordingly. Logistical and financial barriers should also be addressed by taking into consideration the difficulties faced by those living in remote rural areas and those living in poverty.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Person(s) affected
- Persons on the move
- Persons with disabilities
- Year
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 41
- Paragraph text
- Development-induced displacement is an increasingly widespread phenomenon with devastating impact. An estimated 15 million people each year are forced to relocate and resettle as a result of such interventions. Despite some of the more recent efforts to highlight land dispossession, as yet global institutions have been unable to discourage the practices and processes that undermine land rights, prevent equitable access and establish the context for large and small-scale displacements. The expanding mining sector has contributed to strong economic growth in some countries, with mining and oil concessions dramatically increasing in countries. The industry has however also generated social conflict in many States, particularly in rural areas, with mining activities coming into direct competition with small-scale agriculture. Indigenous peoples are particularly vulnerable as they are often forced to leave their land and sources of livelihood. A lack of engagement and opportunities for participation in decisions that affect their lives has left many communities in situations of dire poverty and without access to adequate food and nutrition.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Governance & Rule of Law
- Humanitarian
- Movement
- Poverty
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Year
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 72d
- Paragraph text
- [The Special Rapporteur recommends that States:] Provide mechanisms that offer adequate, effective and timely remedies in cases of violations of the right to food, in particular to groups such as communities living in remote rural areas, communities living in situations of extreme poverty, persons with disabilities and indigenous communities, either through collective or public interest remedies;
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Poverty
- Person(s) affected
- Ethnic minorities
- Persons with disabilities
- Year
- 2015
Paragraph
Access to justice for people living in poverty 2012, para. 4
- Paragraph text
- The indivisibility, interdependence and interrelatedness of human rights is often recalled and reiterated in human rights instruments and by human rights bodies, although frequently disregarded in practice. The interdependence of all human rights is unequivocal when considering the situation of persons living in poverty, which is both a cause and a consequence of a range of mutually reinforcing human rights violations. Eradicating extreme poverty not only requires improving access to housing, food, education, health services, water and sanitation, but also requires ensuring that persons living in poverty have the resources, capabilities, choices, security and power necessary to enjoy the whole spectrum of human rights.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Water & Sanitation
- Person(s) affected
- All
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 5
- Paragraph text
- Access to justice is crucial for tackling the root causes of poverty, exclusion and vulnerability, for several reasons. First, owing to their vulnerability, persons living in poverty are more likely to fall victim to criminal or illegal acts, including sexual or economic exploitation, violence, torture and murder. Crime and illegality are also likely to have a great impact on their lives as it is hard for them to obtain redress and as a result they may fall further into poverty. Second, access to justice is important because justice systems can be tools to overcome deprivation, for example, by developing jurisprudence on social and economic rights. Third, when vulnerable persons cannot access justice systems, they are sometimes forced to take justice into their own hands through illegal or violent means, or to accept unjust settlements. Thus, fair and effective justice systems are an important way to tackle impunity and reduce violence and conflict. Fourth, the inability of the poor to pursue justice remedies through existing systems increases their vulnerability to poverty and violations of their rights. In turn, their increased vulnerability and exclusion further hamper their ability to use justice systems. This vicious circle impairs the enjoyment of several human rights.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Poverty
- Person(s) affected
- All
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 6
- Paragraph text
- Persons living in poverty have a right to access justice without discrimination of any kind, and a right to due process, understood as the right to be treated fairly, efficiently and effectively throughout the justice chain. States have assumed obligations in that regard, by committing themselves to respect, protect and fulfil several rights such as the right to an effective remedy (e.g., Universal Declaration of Human Rights, art. 8; International Covenant on Civil and Political Rights, art. 2.3; Convention on the Elimination of All Forms of Racial Discrimination, art. 6; Convention against Torture, arts. 13 and 14); the right to equality before the courts and tribunals (e.g., International Covenant on Civil and Political Rights, art. 14.1); the right to a fair trial (e.g., Universal Declaration of Human Rights, art. 10; International Covenant on Civil and Political Rights, arts. 14-15); the right to legal assistance (e.g., Universal Declaration of Human Rights, art. 11.1; International Covenant on Civil and Political Rights, art. 14.3 (b)-(d)); and the right to equality and equal protection of the law (e.g., Universal Declaration of Human Rights, art. 7; International Covenant on Civil and Political Rights, art. 26).
- 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
- All
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 11
- Paragraph text
- Thus, States have an obligation to construct a legal and institutional framework which facilitates access to independent and effective judicial and adjudicatory mechanisms and ensures a fair outcome for those seeking redress, without discrimination of any kind. However, guaranteeing de jure access to judicial and adjudicatory mechanisms is not sufficient to ensure that all individuals have de facto access to justice. States must also take positive measures to ensure laws and policies are substantively non-discriminatory, including measures to eliminate conditions which cause or help to perpetuate discrimination. In many instances, laws, policies and procedures may indirectly discriminate against, or have a disproportionate impact upon, persons living in poverty. In addition, various extralegal factors also limit or obstruct their de facto access to justice.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Poverty
- Person(s) affected
- All
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 12
- Paragraph text
- To ensure that the poor have de facto enjoyment of the rights to an effective remedy, equality before the courts and a fair trial, States must take effective measures to remove any regulatory, social or economic obstacles that impede or hamper persons living in poverty from accessing remedies and securing a fair and equitable outcome in any judicial or adjudicatory process. This includes removing obstacles imposed by the unequal economic or social status of those seeking redress, taking into account the principles of equality before the courts and equality of arms, which are integral parts of due process.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Person(s) affected
- All
- Year
- 2012
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. 14
- Paragraph text
- The existence of significant socioeconomic inequality between the parties in a proceeding requires States to adopt all necessary measures to help to reduce or eliminate the deficiencies that impair or diminish the effective protection of the rights at stake. If such measures are not taken, those who are socially or economically disadvantaged do not enjoy a real opportunity for justice or the benefits of due process of law in an equal manner. These obligations arise in civil and criminal cases and in pretrial stages of the justice chain, when the rights of persons living in poverty are also at stake.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Poverty
- Person(s) affected
- All
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 15
- Paragraph text
- Even in the most developed countries, legal disempowerment is rife and persons living in poverty do not have full de jure or de facto access to justice. Around the world, persons living in poverty face a range of obstacles in claiming and enforcing, or contesting violations of, their rights. Such obstacles not only imply violations of their rights to a remedy and due process, but also undermine their ability to enjoy other human rights equally and without discrimination. States, therefore, are under an obligation to eliminate obstacles which frustrate the efforts of the poorest and most vulnerable to access justice. Effective enforcement of and compliance with judicial rulings in favour of persons living in poverty are also essential to ensure that persons living in poverty can benefit from the law.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Poverty
- Person(s) affected
- All
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 16
- Paragraph text
- The Special Rapporteur chose to focus the present report on obstacles to access to justice, because overcoming such obstacles is fundamental to improving the situation of the poorest and most vulnerable, and empowering them to claim their rights. The report is based on the understanding that meaningful access to justice for persons living in poverty does not depend only on legal tools or access to legal services, lawyers and courts, but also requires a more comprehensive and holistic approach that takes into account broader structural, social and economic factors.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Poverty
- Person(s) affected
- All
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 17
- Paragraph text
- Some of the obstacles that persons living in poverty face, such as the cost of legal advice, administrative fees and other collateral costs, relate directly to their lack of financial resources. Other obstacles, including lack of access to information and lack of legal recognition arise out of discrimination against the poorest and most marginalized. Furthermore, institutional and structural obstacles are found in the design and operation of justice systems; these include the inadequate capacity and resources of courts, the police and prosecution corps, the corrupt practices therein, and the location of courts and police stations. Poor functioning of the justice system particularly affects the poor, because pursuing justice requires a much greater effort and investment in terms of money and time for them, while their chances of a just and favourable outcome are worse. The deprivations that persons living in poverty encounter throughout their lives - lack of access to quality education, reduced access to information, limited political voice and social capital - translate into lower levels of legal literacy and awareness of their rights, creating social obstacles to seeking redress.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Person(s) affected
- All
- 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. 19
- Paragraph text
- Thus, persons living in poverty face significant barriers that seriously impede or discourage them from seeking justice. Those barriers include the following.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Person(s) affected
- All
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 20
- Paragraph text
- Owing to deep asymmetries of power, the stigma and discrimination they suffer and their socioeconomic disadvantages, persons living in poverty often reasonably decide against bringing a case to court, thereby precluding any possibility of obtaining justice.
- 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
Paragraph
Access to justice for people living in poverty 2012, para. 21
- Paragraph text
- Persons living in poverty may choose not to seek justice because they fear reprisal or sanction from more powerful actors within or outside their community, or fear being stigmatized or discriminated against. Having experienced discrimination and abuse at the hands of the police and other authorities throughout their lives, people living in poverty are often averse to relying upon formal legal processes for fear of being subject to further exploitation or corruption, or of receiving an unjust outcome. Certain groups, such as ethnic minorities, indigenous peoples or irregular migrants, may be reluctant to engage with the justice system owing to concerns relating to the respect of their own values or owing to their immigration status.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Person(s) affected
- Ethnic minorities
- Persons on the move
- 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. 25
- Paragraph text
- Persons living in poverty are often deprived from a young age of the opportunity to acquire the tools, social capital and basic legal knowledge necessary to engage with the justice system. They are unaware of the existence and contents of their legal rights and entitlements, of the State's obligations and duties towards them, and of how to secure the assistance they need. This is especially the case for those who experience discrimination in accessing education on grounds such as ethnicity, gender or disability.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 27
- Paragraph text
- Simply making information available is not sufficient. The burdens involved in accessing information, such as travel costs, fees, long waiting periods, and interaction with State officials, can act as disincentives for the poorest. States often do not take into account the difficulties, such as financial, geographical, technological or linguistic barriers, that the poor face in accessing information. For example, in many States, information about new statutes is disseminated in a very limited way, or access to copies of enacted laws is conditional upon the payment of a fee. Information may only be available in written format, thus creating obstacles for those with low levels of literacy and persons with disabilities, or may only be published online or in commercial newspapers, or only in one official language.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Poverty
- Person(s) affected
- Persons with disabilities
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 28
- Paragraph text
- Laws tend to reflect and reinforce the privileges and interests of the powerful. Thus, many laws are inherently biased against persons living in poverty, do not recognize or prioritize the abuses they regularly suffer, or have a disproportionately harsh impact on them. A legal system based on prejudices against the poor does not protect them, but rather undermines their rights and autonomy, or seeks to control, criminalize and segregate them. Legislators often do not recognize and estimate the issues that negatively affect persons living in poverty as serious and in need of active remedy.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Poverty
- Person(s) affected
- All
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 29
- Paragraph text
- For example, in many legal systems, economic, social and cultural rights are not sufficiently protected, and discrimination on the grounds of socioeconomic situation is not recognized. Similarly, issues such as abuses in the informal employment sector or the exploitation of tenants by landlords, all of which disproportionately affect persons living in poverty, are often not legislated against in an effective manner. Meanwhile, actions which are undertaken by persons living in poverty out of necessity, such as sleeping in public spaces or street vending, are criminalized. Hence, reforms aimed at improving access to justice by the poor must not neglect the need to modify or repeal certain laws or strengthen others.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Poverty
- Social & Cultural Rights
- Person(s) affected
- All
- 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