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A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 27
- Paragraph text
- International bodies, including the Open-ended Interim Working Group on Trafficking in Persons, have confirmed non-prosecution of trafficked persons as the relevant international legal standard. The Recommended Principles and Guidelines on Human Rights and Human Trafficking also provide that trafficked persons "are not to be prosecuted for violations of immigration laws or for the activities they are involved in as a direct consequence of their situation as trafficked persons". Both the Human Rights Council and the General Assembly have made similar recommendations, as have regional bodies and instruments.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 33
- Paragraph text
- Indicators, including those developed by the International Labour Organization (ILO), the International Organization for Migration (IOM) and the United Nations Office on Drugs and Crime (UNODC) are increasingly being used as a tool to identify trafficked persons. The Special Rapporteur encourages law enforcement agencies, including police and immigration, to draw on existing indicators in the identification processes.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 35
- Paragraph text
- In response to Special Rapporteur's questionnaire on specific actions taken by Governments to facilitate quick and accurate identification of trafficking victims, numerous responses, in particular from Estonia, Finland, Georgia, Germany, Japan, Lithuania, Malta, the Netherlands, Romania, and Sweden, indicated that task force or agencies coordinating in country anti-trafficking work have organized specialized training sessions to enhance the capacity of front-line officers, especially the police, immigration, border guards and labour inspectors, to identify actual and potential trafficking victims and to make referrals to appropriate services. Most of the sessions were carried out in collaboration and/or with funding from international organizations, including IOM, ILO, UNODC, the European Union, the United States Agency for International Development, the Asia Regional Trafficking in Persons Project and the Swedish International Development Cooperation Agency. Some Governments have gone even further to develop national referral mechanisms, standard operating procedures or brochures, manuals, handbooks and/or other tool kits to build capacity and raise awareness to facilitate rapid and accurate identification of 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
- Persons on the move
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 36
- Paragraph text
- Jamaica, for example, through its National Task Force against Trafficking in Persons, and in collaboration with non-governmental organizations, has developed trafficking indicators, protocols and referral mechanisms for agencies involved in the identification, counselling and protective care of rescued or potential victims. Bulgaria has a comprehensive list of indicators for identifying victims of trafficking as part of its national referral mechanisms developed in cooperation with non-governmental organizations. Bulgaria also provides training on trafficking in human beings and victim identification to diplomats, consular and military attaches through the Diplomatic Institute at the Ministry of Foreign Affairs. The National Anti-Human Trafficking Task Force in Sri Lanka is currently developing and implementing standard operating procedures that would assist in the accurate and timely identification of victims of trafficking, and establish a referral mechanism to provide assistance and protection. Similarly, in April 2011, in the Republic of Moldova, the National Committee for Combating and Prevention of Trafficking in Persons approved the draft of an interdepartmental regulation on the identification of victims and potential victims of trafficking. The draft, which is awaiting final adoption and publication by the Ministry of Justice, will be an operational tool for organizations engaged in the national referral system and is aimed at streamlining and standardizing the identification process. 37.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Persons on the move
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 40
- Paragraph text
- Some States have introduced reflection and recovery periods in order to provide immediate support and protection to victims not conditional on cooperation with criminal justice processes. During these periods, trafficking victims receive assistance, including shelter, health care and legal advice to enable them to make informed decisions about whether to participate in the criminal justice process. Such periods of reflection have the added advantage of giving investigators and prosecutors time to gather evidence.
- 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
- Persons on the move
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 41
- Paragraph text
- For example, Canada provides trafficking victims with a 180-day period of reflection and options for obtaining temporary residence permits, including for stays of up to three years. The Netherlands offers a period of reflection of three months that is not conditional on participation in the justice process and provides immigration remedies to foreign trafficking victims, including, in certain circumstances, options for permanent residence status. In accordance with measure No. 7 of its Action Plan to Combat Human Trafficking (2006-2009), Norway affords victims a six-month period of reflection free of conditions, which includes access to assistance and services. Italy does not limit the time given to trafficking victims to recuperate and to decide whether to assist authorities. In addition, foreign child victims receive an automatic residence permit until the age of 18.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 52
- Paragraph text
- Government agencies and non-governmental organizations may collaborate in other innovative ways, as seen in the development of a new reporting mechanism in the Philippines. Recognizing that Filipinos are some of the most prolific users of short message service (SMS) technology in the world, a plan entitled "SOS SMS for Overseas Filipino Workers in Distress was created in 2006. For Filipinos abroad, SOS SMS is an all-hours text-based ICT mechanism implemented in coordination with non-governmental organizations and Government agencies to enable trafficked persons to solicit help via any SMS-enabled telephone system. The programme allows for instantaneous and inexpensive reporting, and facilitates counselling, guidance and emergency assistance.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- Persons on the move
- Year
- 2012
Paragraph
A more systematized and equitable response to internally displaced persons outside camps 2012, para. 21
- Paragraph text
- The following report is intended as a contribution by the Special Rapporteur towards a larger process which will require consultations and the continued engagement of a broad range of stakeholders. It highlights why IDPs outside camps require specific interventions by national authorities, humanitarian and development actors, and details 3 specific areas of focus, namely, IDPs in urban contexts, host communities, and the role of provincial and municipal authorities. This report is also in follow-up to previous work by the mandate on the issue, including: reports to the Human Rights Council which identify this as a key challenge in the field of internal displacement and a priority area for the mandate; steps bringing it to the attention of the wider humanitarian community via the IASC; and specific attention to the issue in the context of country visits by the mandate. Several other areas of special relevance to IDPs outside camps are also mentioned in this report, such as data collection, and suggested for attention by relevant actors.
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
Paragraph
A more systematized and equitable response to internally displaced persons outside camps 2012, para. 25
- Paragraph text
- In this regard, weaknesses in response systems, such as the gap between humanitarian, and early recovery and development interventions (which promote durable solutions), have been recognized and are increasingly being discussed. The Special Rapporteur is of the view that in addition to addressing such weaknesses, a more effective and systematized management of IDPs outside camps can also improve the overall response to internal displacement, anchor it within a human rights based approach, and contribute to durable solutions. Moreover, he notes that the benefits of improved responses to IDPs outside camps may become increasingly relevant in the context of global trends such as rapid global urbanization, and climate change induced displacement.
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
Paragraph
A more systematized and equitable response to internally displaced persons outside camps 2012, para. 26
- Paragraph text
- Relevant normative frameworks, including international and regional human rights instruments and international standards on internal displacement, all emphasize the primary responsibility of national authorities for providing protection and assistance to IDPs. The first concrete task in the discharge of this responsibility is the collection of data and "credible information on the numbers, locations and conditions of the internally displaced [which] is essential to designing effective policies and programs to address their needs and protect their rights". Yet, a recent survey of 15 displacement-affected countries found a striking lack of accurate figures on IDPs outside of camps. Establishing this information at the outset and during displacement is a fundamental step but is often jeopardized by the lack of effective and timely data collection and response systems. Such systems are especially crucial in the early phase of an emergency and at the first site to which IDPs have fled, in order to ensure that IDPs who later become dispersed within the larger population (rather than remaining in camps), can be followed up on and assisted. In some cases, political or financial pressures may limit or inflate the numbers of IDPs, as can the methodology, scope and timelines of data collection or registration procedures for example. Particularly in conflict situations, data collection and registration procedures, should contain sufficient safeguards to protect the confidentiality and human rights of IDPs, and ensure the purely humanitarian nature of the exercise. The collaboration of the international community in such exercises, amongst other measures, could contribute to such safeguards.
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- Persons on the move
- Year
- 2012
Paragraph
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. 34
- Paragraph text
- In situations where mass internal displacement is due to political, ethnic or sectarian violence, addressing internal displacement is also necessary to national reconciliation and peace processes. IDPs dispersed in urban areas should be included and participate in such processes, and related durable solutions.
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
Paragraph
A more systematized and equitable response to internally displaced persons outside camps 2012, para. 41
- Paragraph text
- A number of actors, both national and international, have already been implementing a community-based approach to IDP assistance and protection programmes, or have included IDPs in wider community projects, such as poverty reduction strategies and livelihood projects. Many of the experiences gained in the implementation of such initiatives provide valuable lessons learnt or good practices. Yet, these often remain discreet, ad hoc, or undocumented. As a result they have not articulated or included in efforts to strengthen and systematize the overall humanitarian and development response to IDPs outside camps. However, some initial steps have more recently been taken in this regard: the issue of IDPs outside camps was discussed within the IASC in 2010, and several agencies or IASC sub-groups have initiated their own review or other processes, such as the collection of good practices. This mandate has also included considerations relating to IDPs outside camps and community-based approaches, in the course of country visits, and the development of guidance tools. More concerted and comprehensive efforts however, will continue to be necessary in this regard.
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- Persons on the move
- Year
- 2012
Paragraph
A more systematized and equitable response to internally displaced persons outside camps 2012, para. 45
- Paragraph text
- Since the State has the primary responsibility for protection and assistance to IDPs, a whole-of-government approach is both required and encouraged in IDP responses. However, it is provincial and municipal authorities who are often in the front line, addressing both the immediate humanitarian aspects of an IDP influx, and the longer-term pressures related to prolonged displacement and the extension of basic services to them. Yet, they frequently lack the necessary resources to meet this challenge, indicating gaps between policies decided in the capital and what is implemented locally, and complex relationships between local and national authorities and international actors working within the country. This is perhaps most acutely felt in the case of IDPs outside camps, who are less likely to benefit from alternative assistance provided by non-governmental organizations. At the same time, provincial and municipal authorities have specific responsibilities and a critical role to play in upholding the human rights of IDPs within their communities, implementing IDP-specific and community based programmes, and facilitating durable solutions, including local integration.
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
Paragraph
A more systematized and equitable response to internally displaced persons outside camps 2012, para. 49
- Paragraph text
- Even when central authorities have adopted national IDP frameworks, local authorities may not always be able or willing to fully implement these. They may face limitations in applying IDP legislation and programmes due to structural issues, the competing needs of other local groups within the community, or lack the capacity, financial resources, political will or understanding of IDP needs. By adopting national IDP specific programmes and frameworks, national authorities have a corresponding responsibility to set in place operational and institutional capacity to ensure their local implementation, and the timely transfer of funds for related activities. However, measures to address these challenges, including through the development of more flexible procedures which can be activated in emergency situations, are often not included in national preparedness and IDP frameworks.
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- Persons on the move
- Year
- 2012
Paragraph
A more systematized and equitable response to internally displaced persons outside camps 2012, para. 50
- Paragraph text
- From a technical perspective, IDPs outside camps represent a further challenge. The failure to identify and assess the needs of IDPs outside camps in municipal localities, may make it more difficult or impossible for local authorities to justify a request for additional resources or to tap into existing IDPs specific programme. In turn, this may act as a powerful disincentive to include them in these programmes or to ensure their access to services within the community - thus pointing to the need to support local authorities in the essential task of collecting disaggregated data on the number and specific needs of IDPs outside camps.
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- Persons on the move
- Year
- 2012
Paragraph
A more systematized and equitable response to internally displaced persons outside camps 2012, para. 51
- Paragraph text
- Provincial and municipal authorities can play a key role in liaising with their national Government authorities and displacement-affected communities, as well as in the development and implementation of IDP-specific and community based programmes. Supporting local authorities in the development of community based programmes may be particularly appreciated when authorities must contend with the competing demands of other vulnerable sectors of the population who may feel their needs are being neglected. Such programmes should be based on disaggregated data on both IDPs and the host community, which includes their specific vulnerabilities, needs and coping mechanisms, and be participatory and inclusive. Community-based programmes can vary significantly depending on the context, but can include financial or in kind assistance to host families; community revitalisation programmes; or the expansion and strengthening of local infrastructures and services. Support to local authorities, through awareness raising and training, including on technical matters such as the conduct of consultative processes, data collection and programme design, should be areas for investment.
- 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
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2012
Paragraph
A more systematized and equitable response to internally displaced persons outside camps 2012, para. 52
- Paragraph text
- Political considerations must often have to be borne in mind. In addition to working with central authorities towards the elaboration of policies, international actors may need to remain mindful of and develop strategies to work with local authorities and address their local sensitivities. This is particularly so, when the government is decentralized, when State authority does not reach or have effective influence over all parts of the country, or when the central authority cannot impose its policies too strongly on local affairs.
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Persons on the move
- Year
- 2012
Paragraph
A more systematized and equitable response to internally displaced persons outside camps 2012, para. 53
- Paragraph text
- Provincial and municipal authorities responsible for local development, social services and security in their areas have a particular responsibility and interest in ensuring that IDPs outside camps, receive assistance in achieving durable solutions. In some cases, durable solutions will imply local integration in the host community, a process in which local authorities play a key role, and with regard to which the collection of good practices would be valuable. They can also however, contribute towards other durable solutions, including returns and resettlement elsewhere in the country, including by: ensuring that IDPs in their communities are identified and included in national durable solutions programmes; improving access to information for IDPs; and facilitating the transference of documents or benefits they may have acquired during their displacement. They can also facilitate transitional or a combination of solutions, such as permitting IDPs to retain certain rights, e.g. residency permits in host communities while they set up their new life in their area of return and ascertain its safety, or by facilitating procedures so that some members of the family may remain working in the host community while the rest of the family returns to the place of origin. Where IDPs originally from the host community are returning to it, local authorities will also play a central role in reinstating their rights, and addressing issues such as secondary occupancy which may emerged as a result of their prolonged absence.
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2012
Paragraph
A more systematized and equitable response to internally displaced persons outside camps 2012, para. 55
- Paragraph text
- National policies related to local integration must be "translated into both political and financial support for local authorities and communities". Profiling exercises, and surveys of intentions among IDPs in order to gage what particular durable solutions they are envisaging can assist in assessing the resources and measures which are necessary. These will be important for planning purposes, and allow improved access by provincial and municipal actors to national and international funding, including by development actors. Most effective local integration programmes will combine IDP-specific interventions with community-wide programmes. Where the numbers of IDPs warrant it, the integration of displacement issues in local development, poverty reduction plans and labour market integration schemes, can also represent an effective strategy, which can be enhanced by the active participation of IDP representatives. Furthermore, other sources of practice and experience can be tapped, such as innovative local integration practices which have been used in the context of refugee integration programmes, or community revitalization projects.
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
Paragraph
Access to justice and the right to food: the way forward 2015, para. 25
- Paragraph text
- While on the whole European countries have been more reluctant to accept the justiciability of economic, social and cultural rights, there have been some significant cases. For example, in the 2012 German Federal Constitutional Court judgment 1 BvL 10/10, the court ruled on whether cash benefits for asylum seekers provided by the Asylum Seekers Benefit Act were compatible with its Constitution. The court relied on earlier decisions to reiterate that the State is under an obligation to ensure a "dignified minimum existence", defined as a "comprehensive fundamental rights guarantee" which includes access to food, clothing, household items, housing, heating, hygiene health and social assistance to persons in need. The benefits awarded to the asylum seekers under the law in question were deemed insufficient to guarantee a dignified minimum existence. The court also reaffirmed that benefits must be calculated on the basis of "real and actual needs" and thus be measured realistically. The court noted that the benefits prescribed under the Asylum Seekers Benefit Act had not increased since 1993, even though the cost of living in Germany had risen by 30 per cent in that period. As a result, a number of provisions of the act were declared unconstitutional. The court ordered the enactment of new legislation that would ensure a dignified minimum standard of living and introduced a transitional scheme that would provide higher cash benefits in the interim.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Movement
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- 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. 54
- Paragraph text
- If TNC activities are criminally justiciable and reasonable compensation is enforceable, the issue of extraterritoriality may not arise. However, in cases of indirect violations of the right to food, for instance by way of voluntary displacement or not being able to farm because of a lack of access to necessary resources such as water because of privatization, or seeds because of a monopoly by TNCs, human rights adjudication becomes vital. Consequently, such remedies should provide enforceable compensation and restitution. The remedies currently available for individuals whose economic, social and cultural rights are violated are somewhat limited. Considerable improvements in this regard are essential for cases involving violations of the right to food to be protected from violations committed by foreign and national actors.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
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. 31
- Paragraph text
- Often, there is no mechanism in place to review social policies or administrative decisions that have a major impact on the enjoyment of their rights by persons living in poverty. The lack of remedies for the negative impacts of social policy in the areas of health, housing, education and social security, or for administrative decisions relating to welfare benefits or asylum proceedings, often results in inability to seek redress in cases of violations of key human rights, such as the right to equality and non-discrimination and the right to social security. This is a major obstacle to accessing justice for persons living in poverty, who are disproportionately affected by those policies.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Poverty
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2012
Paragraph
Access to land and the right to food 2010, para. 14
- Paragraph text
- Access to land and security of tenure are also essential for the ability of smallholders to achieve a decent standard of living. As noted above, the right to food imposes on States an obligation not to deprive individuals of access to the productive resources on which they depend. Where a community has settled on a piece of land and depends on that land for its livelihood, the obligation to respect the right to food thus requires that eviction of the community from that land be prohibited unless certain conditions are fulfilled. No eviction should take place that does not meet the criteria set out by the Committee on Economic, Social and Cultural Rights in its general comment No. 7, on the right to adequate housing: forced evictions, and in the Basic Principles and Guidelines on Development-Based Evictions and Displacement. Those guidelines provide a practical tool to assist States and agencies in developing policies, legislation, procedures and preventive measures to ensure that forced evictions do not take place or, should prevention fail, to provide effective remedies to those whose human rights have been violated.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
Achieving durable solutions for internally displaced persons in urban settings 2014, para. 21
- Paragraph text
- In the present report, the Special Rapporteur aims to provide guidance and raise greater awareness to build momentum on the complex issue of durable solutions for internally displaced persons in urban settings, focusing in particular on local integration. An urban context has various dimensions, including demographic, historical, environmental, economic, social and political aspects, which add to the complexity of responding coherently and sustainably to internal displacement. In addition, there are global mega-trends such as rapid urbanization, population growth and increased human mobility that make achieving durable solutions in urban settings one of the most complex and pressing challenges (see A/66/285, para. 28).
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2014
Paragraph
Achieving durable solutions for internally displaced persons in urban settings 2014, para. 22
- Paragraph text
- For more than 20 years, the mandate holders have consistently addressed urban displacement and its consequences and called for durable solutions during numerous country visits, including to Colombia (A/HRC/4/38/Add.3), Côte d'Ivoire (A/HRC/ 23/44/Add.1), East Timor (E/CN.4/2000/83/Add.3), Kenya (A/HRC/19/54/Add.2), Somalia (A/HRC/13/21/Add.2), the Sudan (A/HRC/23/44/Add.2) and, more recently, Haiti (report to be submitted to the Human Rights Council at its twenty-ninth session, in June 2015). They have also undertaken considerable work through law and policy support in Afghanistan, Kenya, Somalia and Yemen, considering the specific aspects of urban displacement, on particular matters such as eviction or relocation, notably in the context of climate change and slow-onset disasters that prompt movements of people to urban locations in search of livelihoods, security and safety (see A/66/285, para. 30). In previous thematic reports on a more systematized response to internally displaced persons outside camps (A/HRC/19/54) and the role of humanitarian and development actors in achieving durable solutions for internally displaced persons through peacebuilding in the aftermath of conflict (A/68/225), the Special Rapporteur has also considered other aspects further developed herein.
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2014
Paragraph
Achieving durable solutions for internally displaced persons in urban settings 2014, para. 23
- Paragraph text
- The Special Rapporteur has consistently suggested a wider approach to the response and solutions in urban areas, considering not only the needs of internally displaced persons themselves, but also those of other displacement-affected communities, such as host communities, including the urban poor, communities in areas of return or communities in places to which internally displaced persons are relocated. Such an approach allows similar needs of different groups to be addressed, while not leaving displacement-specific needs unaddressed.
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2014
Paragraph
Achieving durable solutions for internally displaced persons in urban settings 2014, para. 24
- Paragraph text
- The Special Rapporteur notes that the response to internal displacement in urban settings has too often focused on short-term assistance and programming, instead of a solution-focused approach early on in the response that recognizes that urban displacement is often long lasting. Neglecting it can only contribute to impoverishment in urban areas. One need that is distinct and specific to the situation of internally displaced persons is that of a durable solution. The implementation of durable solutions requires the identification of internally displaced persons in urban areas and their location. It is the profiling of internally displaced persons and other displacement-affected communities in urban areas that often provides the needed evidence base to plan for and implement a response geared towards solutions. It also enables the identification of needs that are similar among different groups and those that are specific to the situation of internally displaced persons only.
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2014
Paragraph