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Title | Date added | Template | Original document | Paragraph text | Body | Document type | Thematics | Topic(s) | Person(s) affected | Year |
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Extreme poverty and human rights on universal basic income 2017, para. 3 | Aug 19, 2019 | Paragraph | The fundamental values of the international human rights system are under attack in new and diverse ways in 2017. While competing explanations have been proffered, one that is included in most lists is that there is a rapidly growing sense of economic insecurity afflicting large segments of many societies. There is an increasing feeling of being exposed, vulnerable, overwhelmed and helpless, and of being systematically marginalized, both economically and socially. This situation, which previously seemed to be a fate reserved only for those living in low-income countries or in extreme poverty in high- and middle-income countries, now afflicts not just the unemployed and the underemployed, but also the precariously employed and those likely to be rendered unemployed in the foreseeable future as a result of various developments. Many of these individuals previously enjoyed a modicum of security and respect and felt that they had a stake in the overall system of government. As the new insecurity has ballooned and affected ever-greater numbers, many mainstream political parties have either remained oblivious, or have offered solutions that have only exacerbated the problems, further undermining faith in electoral democracy. | Special Rapporteur on extreme poverty and human rights | Special Procedures' report |
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| 2017 | ||
Access to justice for people living in poverty 2012, para. 45 | Aug 19, 2019 | Paragraph | Often, police officers, court staff and other justice sector personnel reflect the discriminatory attitudes of the wider society and are not adequately trained to perform their roles without discrimination or bias against persons living in poverty. | Special Rapporteur on extreme poverty and human rights | Special Procedures' report |
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| 2012 | ||
Affordability of water and sanitation services 2015, para. 61 | Aug 19, 2019 | Paragraph | 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. | Special Rapporteur on the human rights to safe drinking water and sanitation | Special Procedures' report |
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| 2015 | ||
Access to justice and the right to food: the way forward 2015, para. 21 | Aug 19, 2019 | Paragraph | 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. | Special Rapporteur on the right to food | Special Procedures' report |
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| 2015 | ||
Development cooperation in the water and sanitation sector 2016, para. 69 | Aug 19, 2019 | Paragraph | Funders must face those challenges head-on to create proper arrangements to ensure that funding actually reaches its destination, thereby effectively generating benefit for the poor and realizing the human rights to water and sanitation. | Special Rapporteur on the human rights to safe drinking water and sanitation | Special Procedures' report |
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| 2016 | ||
The MDGs and the human rights to water and sanitation 2010, para. 50 | Aug 19, 2019 | Paragraph | Lack of access to water and sanitation is not simply a question of scarcity of technology, financial resources and infrastructure. It is a matter of setting priorities, a function of societal power relations and a problem of poverty and deeply entrenched inequalities. In order to increase sustainable access to water and sanitation, it is essential to address these underlying causes. Rights-based analyses in the water and sanitation sectors have revealed, for example, lack of secure land tenure as a key blockage, in particular in urban slums. Target 7.D aims to achieve, by 2020, a significant improvement in the lives of at least 100 million slum-dwellers. The target date (five years later than the rest of the targets) and the scale of progress aimed for (around a tenth of the estimated 1 billion slum-dwellers) highlight the low ambition embodied in this target. The indicators used as a proxy to measure progress towards the target do not capture security of tenure, which would be crucial to improve living conditions and is one of the main components of the right to housing. If these underlying issues were addressed and the target on slums were set higher, it would contribute significantly to making progress towards universal access to water and sanitation. | Special Rapporteur on the human rights to safe drinking water and sanitation | Special Procedures' report |
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| 2010 | ||
Access to justice for people living in poverty 2012, para. 96 | Aug 19, 2019 | Paragraph | [States should:] Ensure that lawyers and paralegals have access to people living in poverty who require their services in police stations, pretrial detention and prison facilities | Special Rapporteur on extreme poverty and human rights | Special Procedures' report |
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| 2012 | ||
Access to justice for people living in poverty 2012, para. 96 | Aug 19, 2019 | Paragraph | [States should:] Review and reform detention and incarceration systems to ensure that they do not have a disproportionately harsh impact on those living in poverty | Special Rapporteur on extreme poverty and human rights | Special Procedures' report |
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| 2012 | ||
Access to justice for people living in poverty 2012, para. 96 | Aug 19, 2019 | Paragraph | [States should:] Provide training and education programmes for judicial officers, judges, lawyers, prosecutors and the police focusing on the rights and particular needs of the poor | Special Rapporteur on extreme poverty and human rights | Special Procedures' report |
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| 2012 | ||
Access to justice for people living in poverty 2012, para. 96 | Aug 19, 2019 | Paragraph | [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 | Special Rapporteur on extreme poverty and human rights | Special Procedures' report |
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| 2012 | ||
Access to justice for people living in poverty 2012, para. 93 | Aug 19, 2019 | Paragraph | The principle of the indivisibility and interdependence of human rights requires States to address a range of intersecting and mutually reinforcing deprivations and obstacles which prevent access to justice for the poorest. | Special Rapporteur on extreme poverty and human rights | Special Procedures' report |
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| 2012 | ||
Access to justice for people living in poverty 2012, para. 75 | Aug 19, 2019 | Paragraph | While many people find it difficult to understand legal or judicial terminology, the complexities increase for many persons living in poverty in multilingual and multi ethnic societies where legal proceedings are often conducted in a language that they do not understand. | Special Rapporteur on extreme poverty and human rights | Special Procedures' report |
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| 2012 | ||
Access to justice for people living in poverty 2012, para. 59 | Aug 19, 2019 | Paragraph | Persons living in poverty are not only denied access to justice when they are unable to meet the cost of bribes or of engaging in other corrupt activities, but they are also deterred from accessing the justice system when they perceive the system to be corrupt. | Special Rapporteur on extreme poverty and human rights | Special Procedures' report |
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| 2012 | ||
Access to justice for people living in poverty 2012, para. 55 | Aug 19, 2019 | Paragraph | In addition to formal administrative fees, persons living in poverty encounter other collateral costs in accessing justice. The cost of transportation to courts and of accommodation, together with the loss of income while away from employment or subsistence activities, may be impossible for the poor. | Special Rapporteur on extreme poverty and human rights | Special Procedures' report |
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| 2012 | ||
Access to justice for people living in poverty 2012, para. 5 | Aug 19, 2019 | Paragraph | 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. | Special Rapporteur on extreme poverty and human rights | Special Procedures' report |
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| 2012 | ||
Penalization of people living in poverty 2011, para. 46 | Aug 19, 2019 | Paragraph | 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. | Special Rapporteur on extreme poverty and human rights | Special Procedures' report |
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| 2011 | ||
Social protection and old age poverty 2010, para. 51 | Aug 19, 2019 | Paragraph | 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. | Special Rapporteur on extreme poverty and human rights | Special Procedures' report |
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| 2010 | ||
Responsibilities of local and other subnational governments in relation to the right to adequate housing 2015, para. 46 | Aug 19, 2019 | Paragraph | 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. | Special Rapporteur on adequate housing as a component of the right to an adequate standard of living | Special Procedures' report |
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| 2015 | ||
Taxation and human rightss 2014, para. 37 | Aug 19, 2019 | Paragraph | Certainly, poverty reduction is more effective and sustainable when combined with investments in areas such as education, health and food security. These areas are also critical for ensuring the realization of rights in the present and future and for overcoming the intergenerational transmission of poverty. | Special Rapporteur on extreme poverty and human rights | Special Procedures' report |
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| 2014 | ||
The implementation of the right to social protection through the adoption of social protection floors 2014, para. 50 | Aug 19, 2019 | Paragraph | Future advocacy for social protection floors needs to acknowledge the lessons that are to be learned from past experience. First, the reality is that in many states the political will to eliminate poverty is lacking and, in the absence of a major change in priorities, the situation will at best improve only incrementally. Far from being a tragedy about which nothing can be done because of financial constraints, the persistence of extreme poverty is the result of a series of deliberate and conscious decisions by key actors who have chosen to prioritize other goals. Those living in poverty have been largely disempowered and their economic position reflects their political marginality. Extreme poverty remains a scourge which the international community has lamented at great length and with a collective gnashing of teeth, but that same community has all too often refused to take the measures required to eliminate the problem. Embracing the Social Protection Floor Initiative would constitute a compelling change of course and mark a genuinely new beginning in the struggle against extreme poverty. | Special Rapporteur on extreme poverty and human rights | Special Procedures' report |
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| 2014 | ||
Corruption and the right to health 2017, para. 41 | Aug 19, 2019 | Paragraph | There is ample research indicating that corruption and a lack of transparency exacerbate socioeconomic deprivation. Lower social groups carry a heavier burden in a society rife with corrupt elements. In turn, the equal enjoyment of the right to health is deeply affected by poverty and income inequality. | Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health | Special Procedures' report |
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| 2017 | ||
Report of the Working Group of Experts on People of African Descent on its nineteenth and twentieth sessions 2017, para. 74 | Aug 19, 2019 | Paragraph | In order to eradicate poverty, particularly poverty affecting people of African descent, it is essential to deconstruct all the elements of power and knowledge which maintain and promote the ongoing structural racism of which people of African descent are victims. | Working Group of experts on people of African descent | Special Procedures' report |
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| 2017 | ||
Affordability of water and sanitation services 2015, para. 87g | Aug 19, 2019 | Paragraph | [The Special Rapporteur offers the following recommendations. States should take the following measures:] Use public financing to support access for people living in poverty and those who are marginalized or discriminated against and eliminate inequalities in access to water and sanitation services; | Special Rapporteur on the human rights to safe drinking water and sanitation | Special Procedures' report |
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| 2015 | ||
Affordability of water and sanitation services 2015, para. 87d | Aug 19, 2019 | Paragraph | [The Special Rapporteur offers the following recommendations. States should take the following measures:] Set affordability standards at the national and/or local level, based on a participatory process, involving in particular people living in poverty and other marginalized and disadvantaged individuals and groups, that consider all costs associated with water, sanitation and hygiene; | Special Rapporteur on the human rights to safe drinking water and sanitation | Special Procedures' report |
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| 2015 | ||
Integrating non-discrimination and equality into the post-2015 development agenda for water, sanitation and hygiene 2012, para. 36 | Aug 19, 2019 | Paragraph | Being disadvantaged relates to different factors such as ethnicity, language, religion, caste, gender, age, disability, nationality, and others. While the focus of the equity discourse is often on people living in poverty, it must not be forgotten that the world's poorest are not randomly distributed - they disproportionately share one or several of the factors that commonly lead to exclusion and discrimination. | Special Rapporteur on the human rights to safe drinking water and sanitation | Special Procedures' report |
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| 2012 | ||
Human Rights Obligations Related to Non-State Service Provision in Water and Sanitation 2010, para. 55 | Aug 19, 2019 | Paragraph | There is an inherent tension between commercial viability and direct full cost recovery on the one hand and providing affordable services to the poor on the other hand. When utilities are not adequately and sustainably resourced, they cannot ensure operation and maintenance, let alone invest in the network. Yet, direct full cost recovery would render services unaffordable for many people. Regulatory oversight alone may not be sufficient to achieve the rights to sanitation and water for all, and special safeguards and supplementary social policies to ensure inclusiveness, such as safety nets and subsidies, may be necessary. These may take various forms, whether providing support to people's income or adjusting tariffs to render services affordable. Moreover, while people will often be able to pay recurring charges for services, a high one-off payment for the initial connection is often beyond their capacity. Connection subsidies and public spending will often be necessary to expand the network to low-income areas. Whatever measures are taken, they must not disproportionately benefit the upper and middle classes already connected to the network, but, crucially, have to be targeted to reach the unserved and underserved most in need. Affordability studies carried out by the regulatory body or other States authorities can be an important tool for taking decisions on how to target measures. | Special Rapporteur on the human rights to safe drinking water and sanitation | Special Procedures' report |
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| 2010 | ||
The MDGs and the human rights to water and sanitation 2010, para. 63j | Aug 19, 2019 | Paragraph | [In line with these conclusions, the independent expert recommends the following:] Near-universal access to water and sanitation cannot be cause for complacency and States must not overlook persistent pockets of poverty, but instead continue to focus on addressing systematic discrimination and exclusion; | Special Rapporteur on the human rights to safe drinking water and sanitation | Special Procedures' report |
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| 2010 | ||
The MDGs and the human rights to water and sanitation 2010, para. 52 | Aug 19, 2019 | Paragraph | Social protection policies can be expected to feature prominently in an intersectoral, rights-based analysis of the water and sanitation sectors. There have been strengthened calls for "social protection floors" and numerous cases of successful implementation with impressive poverty reduction impacts. While social policy priorities are of course country-specific, the "social protection floor" concept includes water and sanitation within the scope of essential services, along with a set of social transfers to provide a minimum income and livelihood security to ensure continuing access to essential services for the poorest. In practice, however, these minimum packages of affordable social protection guarantees do not frequently appear to have prioritized water or sanitation, as distinct from basic health, nutrition, education and income security objectives. The fundamental importance of water and sanitation, in their own right and also for the realization of health, food, education and other Millennium Development Goals and their corresponding human rights, establishes a strong case for increasing priority attention to water and sanitation. Such an integrated and intersectoral analysis within a broader social protection framework offers a compelling and potentially important means of addressing affordability constraints. | Special Rapporteur on the human rights to safe drinking water and sanitation | Special Procedures' report |
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| 2010 | ||
The MDGs and the human rights to water and sanitation 2010, para. 6f | Aug 19, 2019 | Paragraph | [While target 7.C itself is of critical importance, it is also indispensable for achieving the other Millennium Development Goals:] Looking beyond basic water supply for personal and domestic uses, the absence of clean water and sanitation is also a major cause of poverty and malnutrition, and water insecurity linked to climate change may increase the number of people suffering malnutrition by 75 million to 125 million by 2080 (Goals 1 and 7). | Special Rapporteur on the human rights to safe drinking water and sanitation | Special Procedures' report |
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| 2010 | ||
Agenda setting of the work of the Special Rapporteur 2015, para. 8 | Aug 19, 2019 | Paragraph | In the age of globalization, trafficking in persons cannot be examined in isolation from the broader socioeconomic realities that drive it, nor should it be tackled only from a criminal perspective. Factors such as poverty and inequality, lack of educational opportunity and access to health care, gender discrimination, including gender-based violence, racial inequality and migration are some of the underlying factors that cause/contribute to trafficking in persons. | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
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| 2015 |