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Access to justice for people living in poverty 2012, para. 25
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- 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.
- Organismo
- Special Rapporteur on extreme poverty and human rights
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Poverty
- Año
- 2012
Párrafo
Access to justice for people living in poverty 2012, para. 46
- Paragraph text
- The background and daily experience of justice sector staff, especially judges, are often very different from those of persons living in poverty, and this often means that, without proper training and sensitization, they do not understand and value their views, choices, behaviours or problems. Persons living in poverty may be denied access to impartial justice owing to negative stigma and stereotyping from judges, prosecutors and police.
- Organismo
- Special Rapporteur on extreme poverty and human rights
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Poverty
- Año
- 2012
Párrafo
Access to justice for people living in poverty 2012, para. 81
- Paragraph text
- In addition, narrow rules relating to legal standing prevent civil society organizations from taking a more direct role in litigation, or engaging in judicial proceedings on behalf or in support of persons living in poverty and other vulnerable groups (with their permission), who may lack the resources or capacity to do so themselves. For example, in 10 European Union member States, the domestic rules on legal standing are considered overly restrictive and therefore represent a major obstacle to the right to access justice. In those States, individuals cannot bring a claim to court unless they have full legal capacity (which often excludes those with certain disabilities) and are directly concerned in the matter.
- Organismo
- Special Rapporteur on extreme poverty and human rights
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Poverty
- Año
- 2012
Párrafo
Extreme inequality and human rights 2015, para. 6
- Paragraph text
- When analysing inequalities, there are many other dimensions of well-being that can be taken into account apart from income and wealth. Economic inequalities can be distinguished from what can be termed "social inequalities". Social inequalities may refer to the distribution of, for instance, political power, health, education or housing among individuals in a society. In theory, a society may have health equality, for instance, when every individual has access to the same quality and quantity of health care. Social inequalities and economic inequalities may, and often do, interact with, and reinforce, one another, for instance when individuals with higher incomes or their family members have more political power or access to better education than those with lower incomes.
- Organismo
- Special Rapporteur on extreme poverty and human rights
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Health
- Año
- 2015
Párrafo
Extreme poverty and human rights on universal basic income 2017, para. 10
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- The income is “basic” in the sense that it is designed to guarantee a “floor” on which every recipient can stand. Because people’s needs are highly individualized and context-dependent, the amount that any specific individual requires will depend on factors such as local housing and living costs, the person’s health status, and whether there is any form of support network in place. But in its pure form, basic income would generally be assumed to be a uniform amount, which does not reflect those differentials. There are, however, different versions of the concept that envisage adjusting the amount over time, providing less money for children and more for the elderly, or adjusting for geography. The basis on which the floor is calculated and the amount to be paid will, of course, vary greatly from one country to another. Thus, while a national referendum on basic income in Switzerland proposed a payment of SwF 2,500 per month per adult, a South African initiative envisages a grant of US$15 per person per month, indexed to inflation.
- Organismo
- Special Rapporteur on extreme poverty and human rights
- Tipo de documento
- Special Procedures' report
- Temas
- Economic Rights
- Equality & Inclusion
- Health
- Año
- 2017
Párrafo
Extreme poverty and human rights on universal basic income 2017, para. 23
- Paragraph text
- Murray’s principal book is entitled In Our Hands: A Plan to Replace the Welfare State. He calls for a “guaranteed income” to replace the welfare state which he sees as degrading “the traditions of work, thrift and neighbourliness” while also spawning “social and economic problems that it is powerless to solve”. He rails against the “new cultural consensus” produced by the welfare state, which considers that “the purpose of life is to while away the time between birth and death as pleasantly as possible, and the purpose of government is to make that process as easy as possible”. He argues that a satisfying human life “requires being enmeshed in the stuff of life”, and that by “stripping the institutions of family and community of many of their functions and responsibilities”, the welfare state “drains too much of the life from life”. Replacing the welfare state by a basic income would restore the community to its place as “the locus within which human needs must be met, and the effects could be profound”.
- Organismo
- Special Rapporteur on extreme poverty and human rights
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Año
- 2017
Párrafo
Extreme poverty and human rights on universal basic income 2017, para. 25
- Paragraph text
- Some authors on the left of the political spectrum have been enthusiastic supporters of basic income. Guy Standing, a labour economist, has popularized the notion of a “precariat”, a very large segment of the population, whose lives are “dominated by insecurity, uncertainty, debt and humiliation. They are becoming denizens rather than citizens, losing cultural, civil, social, political and economic rights built up over generations”. He argues that in an ever more unequal society, the precariat’s relative deprivation is severe. According to Standing, a basic income would allow people to move in and out of the labour market more easily and would “enable citizens to accept low wages and to bargain more strongly”. Standing has also been involved in important pilot projects in India.
- Organismo
- Special Rapporteur on extreme poverty and human rights
- Tipo de documento
- Special Procedures' report
- Año
- 2017
Párrafo
Extreme poverty and human rights on universal basic income 2017, para. 42
- Paragraph text
- Many African countries have unconditional cash transfers in the form of “social pensions” provided to all citizens above a certain age, without prior conditions. A newer phenomenon is the introduction of universal unconditional cash transfers in the context of subsidy reform. In 2010, the Islamic Republic of Iran introduced a “cash subsidy” of around $45 per month payable to all Iranians living in the country, to compensate for subsidy reductions on gasoline, gas, water and electricity. Similarly, Saudi Arabia is currently introducing a “household allowance” — a cash transfer to the poor and the middle classes (decreasing with income) to compensate for planned subsidy reforms.
- Organismo
- Special Rapporteur on extreme poverty and human rights
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Año
- 2017
Párrafo
Extreme poverty and human rights on universal basic income 2017, para. 57
- Paragraph text
- Finally, a simulation for the region of Catalonia, in Spain, suggests that a basic annual income of €7,968 for those aged over 18 and of €1,594 for minors would require a 49.57 per cent flat tax rate and extra financing of €7 billion.
- Organismo
- Special Rapporteur on extreme poverty and human rights
- Tipo de documento
- Special Procedures' report
- Temas
- Economic Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Año
- 2017
Párrafo
Penalization of people living in poverty 2011, para. 37
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- In several countries, the negative impact of these regulations is further exacerbated by laws which make illegal actions to assist those living in the street. In several States, specific legislation limits the actions of civil society organizations or bans the provision of assistance in certain circumstances. For example, in some municipalities, it is illegal to share food with groups of people in downtown parks without a permit, creating a barrier for charities and other organizations that provide food to homeless persons. The criminalization of advocates, activists and civil society organizations violates several human rights such as the freedom of association, expression and assembly, and undermines social cohesion.
- Organismo
- Special Rapporteur on extreme poverty and human rights
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Año
- 2011
Párrafo
Penalization of people living in poverty 2011, para. 40
- Paragraph text
- While States can adopt reasonable regulations, law enforcement officials are often given wide discretion to determine zones, days and times when street vending activities are banned or restricted. This makes street vendors more vulnerable to abuse by law enforcement officials, private individuals or gangs. As a result, they often suffer from threats to their life and physical integrity, as well as from bribery, extortion and unlawful seizures of their wares.
- Organismo
- Special Rapporteur on extreme poverty and human rights
- Tipo de documento
- Special Procedures' report
- Año
- 2011
Párrafo
Penalization of people living in poverty 2011, para. 57
- Paragraph text
- To ensure that beneficiaries comply with conditions and requirements, States often subject them to intensive examinations and intrusive investigations. Social benefit administrators are empowered to interrogate beneficiaries about a wide range of personal issues and to search their homes for evidence of fraudulent activity. Beneficiaries are required to report regularly and disclose excessive amounts of information whenever it is demanded of them. In some countries, they must even submit to mandatory screening for drug use. They must also give their consent to authorities to scrutinize every aspect of their lives and to question their friends, colleagues and acquaintances. Beneficiaries are encouraged to watch each other and report abuses to programme administrators through anonymous channels. These intrusive measures undermine beneficiaries' personal independence, seriously interfere in their right to privacy and family life, make them vulnerable to abuse and harassment, and weaken community solidarity.
- Organismo
- Special Rapporteur on extreme poverty and human rights
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Violence
- Año
- 2011
Párrafo
Penalization of people living in poverty 2011, para. 58
- Paragraph text
- The introduction of biometrics to social benefits systems means that in some States, beneficiaries must submit to facial recognition technology, finger imaging and iris scans. These mechanisms give States extensive power and discretion to monitor and interfere in the lives of beneficiaries. The information obtained is frequently made accessible to other authorities for purposes other than those for which it was given, without beneficiaries' consent. Such practices seriously threaten the protection of personal data and the right to access and control one's personal information.
- Organismo
- Special Rapporteur on extreme poverty and human rights
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Año
- 2011
Párrafo
Social protection and old age poverty 2010, para. 88
- Paragraph text
- Considering limited fiscal resources, in some countries, it could be possible to begin with a universal pension offered at an advanced age (providing adequate level of benefits) and from there slowly extend the programme to include persons of a less advanced age. However, this should be carefully examined. While a high age requirement could reduce costs and help the programme to be implemented immediately and later scaled up, if the age requirement is too high it may be regressive, as it could predominantly benefit the better-off in society.
- Organismo
- Special Rapporteur on extreme poverty and human rights
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Año
- 2010
Párrafo
Taxation and human rightss 2014, para. 45
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- Transferring and redistributing wealth through taxation has the potential to redress systemic discrimination (based on, inter alia, gender, race, age, sexual orientation, disability, socioeconomic status) and to spur progress towards substantive equality. These are fundamental human rights goals and are conducive to sustainable poverty reduction. Tax structures must, however, be carefully designed if a more equitable distribution of incomes is to be achieved.
- Organismo
- Special Rapporteur on extreme poverty and human rights
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Poverty
- Social & Cultural Rights
- Año
- 2014
Párrafo
The implementation of the right to social protection through the adoption of social protection floors 2014, para. 25
- Paragraph text
- Scholars have argued that for both ILO and the World Bank, the social protection floor is closely linked to the objectives that inspired the drafters of the respective mandates they were given at the end of the Second World War. For the Bank, the Bretton Woods negotiations in 1944 are said to have been motivated in part by commitments to freedom from want and promoting social security, while the Declaration of Philadelphia of 1944 committed ILO to contribute to the achievement of extended "social security measures to provide a basic income to all in need of such protection and comprehensive medical care". However, the harmony implied by this historical perspective is quickly dispelled by detailed accounts of competition and non-cooperation between the two agencies. Various authors have described how, over the past couple of decades, there has been a "fundamental clash of approaches, ideologies and policies" between the ILO Social Security Department (now the Social Protection Department) and the Social Protection and Labor Division of the World Bank. Those conflicts have played out especially "in the fields of pension policy, of safety net versus universal cash benefits policies, [and] of even the definitions and purposes of social protection".
- Organismo
- Special Rapporteur on extreme poverty and human rights
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Health
- Social & Cultural Rights
- Año
- 2014
Párrafo
The implementation of the right to social protection through the adoption of social protection floors 2014, para. 40
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- Just as human rights require recognition by law, so too has the Social Protection Floor Initiative emphasized the importance of entrenching the social protection right in national laws and regulations. That dimension has been well captured by the United Nations Development Group: Obligations and entitlements to social protection benefits should be specified in a precise manner, so as to clearly delineate the rights and duties of residents and contributors. To ensure the predictability and sustainability of social protection provisions, laws and regulations should be designed and enforced to support all social protection schemes and services.
- Organismo
- Special Rapporteur on extreme poverty and human rights
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Social & Cultural Rights
- Año
- 2014
Párrafo
The importance of social protection measures in achieving Millennium Development Goals (MDGs) 2010, para. 34
- Paragraph text
- Social protection can also promote maternal health (Goal 5). For example, social cash transfers, which provide additional income, can be used by beneficiaries to cover health-care and transportation costs. Evaluations of the "Juntos" scheme in Peru, a conditional cash transfer programme, showed an increase of approximately 65 per cent in the number of prenatal and post-natal visits to health clinics and a reduction in the number of home births in areas where there were high levels of maternal mortality. In addition, social funds supporting the development of local health-care infrastructure have been proved effective in reducing infant mortality rates.
- Organismo
- Special Rapporteur on extreme poverty and human rights
- Tipo de documento
- Special Procedures' report
- Temas
- Health
- Social & Cultural Rights
- Año
- 2010
Párrafo
The right to participation of people living in poverty 2013, para. 22
- Paragraph text
- The right to participation is strongly linked with empowerment, which is a key human rights goal and principle. Effective participation can build capacity and rights awareness. It allows those living in poverty to see themselves as full members of society and autonomous agents rather than subjects of decisions taken by others who see them as objects of assistance or mere statistics. As stated by a Peruvian activist, "[f]or us, participating means leaving our isolation, breaking our silence and overcoming our fear… Before I was afraid, but now I'm strong, not humbled". It can also provide people living in poverty with the chance to speak out against and challenge injustice, discrimination and stigma. It can give them confidence in dealing with government officials and bureaucracy. Indeed, exercising their right to participation can be a springboard to fully claiming other rights.
- Organismo
- Special Rapporteur on extreme poverty and human rights
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Poverty
- Año
- 2013
Párrafo
The right to participation of people living in poverty 2013, para. 44
- Paragraph text
- The principle of equality and non-discrimination requires affirmative action to ensure that everyone has equal opportunities to participate. This means that the barriers that prevent vulnerable and disadvantaged groups from participating must be identified and actively tackled to ensure substantive equality. A human rights approach requires focusing on power asymmetries at the community level and on the removal of physical, economic, legal, cultural and political obstacles that prevent marginalized groups from enjoying their right to participation. Participatory processes should not only avoid perpetuating asymmetries of power in the communities, but should actively seek to enable the most disadvantaged and excluded members of the community to participate as a matter of priority.
- Organismo
- Special Rapporteur on extreme poverty and human rights
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Año
- 2013
Párrafo
The right to participation of people living in poverty 2013, para. 59
- Paragraph text
- The format and level of formality of the meeting must not be alienating or difficult to negotiate for people living in poverty. Organizers must allow sufficient time for participants to debate and seek consensus or common positions from which to develop representative and legitimate messages. The methodology of the process must not rely wholly on written materials, as this would exclude those who are illiterate or have poor reading skills. Instead, more inclusive and accessible methodologies should be used, including different media such as pictograms or theatre. Accessibility and adaptability requires that meetings should be conducted in the minority language appropriate to the community where necessary; if this is not possible, well-trained interpreters must be provided.
- Organismo
- Special Rapporteur on extreme poverty and human rights
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Poverty
- Año
- 2013
Párrafo
The UN responsibility for the cholera outbreak in Haiti 2016, para. 13
- Paragraph text
- Haiti's first-ever cholera outbreak began in mid-October 2010. Many scholars have repeated the claim made by the independent panel of experts on the cholera outbreak in Haiti that this was the first time in 100 years that cholera had occurred in Haiti, but in fact there is no record of cholera ever having previously been in Haiti. As of 28 May 2016, United Nations figures had recorded 9,145 deaths from cholera and 779,212 persons infected. Scientific studies have also claimed that the actual mortality rate is almost certainly substantially higher than reported. Between January and April 2016, 150 new deaths occurred, an increase of 18 per cent over the same period in 2015.
- Organismo
- Special Rapporteur on extreme poverty and human rights
- Tipo de documento
- Special Procedures' report
- Temas
- Health
- Año
- 2016
Párrafo
The UN responsibility for the cholera outbreak in Haiti 2016, para. 15
- Paragraph text
- As the magnitude of the disaster became known, key international officials carefully avoided acknowledging that the outbreak had resulted from discharges from the MINUSTAH camp. The implication that cholera had come from elsewhere also drew support from an environmental theory suggested by some scientific observers according to which the cholera microbe is naturally present in many backwater settings and can be activated by environmental shocks such as the earthquake that hit Haiti in January 2010 or by unusually heavy rains. Nevertheless, most scientific and media sources rejected this theory and placed the blame clearly upon the peacekeepers.
- Organismo
- Special Rapporteur on extreme poverty and human rights
- Tipo de documento
- Special Procedures' report
- Temas
- Environment
- Health
- Año
- 2016
Párrafo
The UN responsibility for the cholera outbreak in Haiti 2016, para. 16
- Paragraph text
- In order to resolve the controversy, the Secretary-General, to his credit, established the panel of independent experts in January 2011. In its report, issued in May 2011, the panel expressly rejected the environmental theory. Instead, it found that "the evidence overwhelmingly supports the conclusion that the source of the Haiti cholera outbreak was due to contamination of the Mèyé Tributary of the Artibonite River with a pathogenic strain of current South Asian type Vibrio cholerae as a result of human activity". If the experts had left it at that, the conclusion would have been that MINUSTAH peacekeepers were responsible for the outbreak. But they went on to claim that the dumping of faeces alone "could not have been the source of such an outbreak without simultaneous water and sanitation and health care system deficiencies … coupled with conducive environmental and epidemiological conditions". By adding this observation, the experts suggested that nature, as well as the country's underdevelopment, were also to blame. This enabled them to reach their ultimate conclusion, that the "outbreak was caused by the confluence of circumstances … and was not the fault of, or deliberate action of, a group or individual".
- Organismo
- Special Rapporteur on extreme poverty and human rights
- Tipo de documento
- Special Procedures' report
- Temas
- Environment
- Water & Sanitation
- Año
- 2016
Párrafo
The UN responsibility for the cholera outbreak in Haiti 2016, para. 17
- Paragraph text
- In response to the controversy provoked by this ambiguous and inconsistent assessment, the panel published a follow-up article in 2013 introducing a new formulation, that "the preponderance of the evidence and the weight of the circumstantial evidence does lead to the conclusion that personnel associated with the Mirebalais MINUSTAH facility were the most likely source of introduction of cholera into Haiti". They also noted that their scientific language had been accurately translated in a newspaper report that stated their conclusion to be that the outbreak "was almost certainly caused by a poorly constructed sanitation system installed at a rural camp used by several hundred United Nations troops from Nepal". They went on to explain why they asserted that no one was at fault: "We do not feel that this was a deliberate introduction of cholera into Haiti"; rather, it was "an accidental and unfortunate confluence of events".
- Organismo
- Special Rapporteur on extreme poverty and human rights
- Tipo de documento
- Special Procedures' report
- Temas
- Water & Sanitation
- Año
- 2016
Párrafo
The UN responsibility for the cholera outbreak in Haiti 2016, para. 19
- Paragraph text
- For the most part, the question of who bears responsibility for bringing cholera to Haiti has been systematically sidestepped in United Nations analyses. The first technique has been to take refuge in the passive voice, whereby readers are told that cholera "emerged", or "occurred", or "a severe outbreak of cholera was confirmed". In other words, it just happened, and no scientific or technical explanation is needed. Another technique has been to invoke the need to move beyond the past and focus instead on the future. The past is seen neither as a vital element in devising effective policies for the future, nor as a dimension that needs to be understood if non-repetition is to be promoted. A third approach has been to replace the term "responsibility" by "blame", and then to say that playing the "blame game" is unhelpful, distracting, unanswerable or divisive, and thus to be avoided. For example, although the panel was appointed precisely to "investigate and seek to determine the source" of the outbreak, the bottom line of their analysis was that identifying the source was "no longer relevant to controlling the outbreak". It was therefore time to look ahead and focus instead on preventive measures.
- Organismo
- Special Rapporteur on extreme poverty and human rights
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Año
- 2016
Párrafo
The UN responsibility for the cholera outbreak in Haiti 2016, para. 21
- Paragraph text
- Immediately after the publication of the panel's report in May 2011, a United Nations spokesperson was dismissive of the report on the grounds that it did "not present any conclusive scientific evidence linking the outbreak to the MINUSTAH peacekeepers or the Mirebalais camp". Senior officials have continued to rely on this defence. However, the more detailed and official response provided in a letter dated 25 November 2014 from Assistant Secretary-General Pedro Medrano Rojas, Senior Coordinator for the Cholera Response in Haiti, addressed to the special procedures mandate holders took a different tack. Although the letter is long and detailed, it curiously makes no mention of the panel's principal finding, which was, as noted above, that that "the source of the Haiti cholera outbreak was due to contamination of the Meye Tributary of the Artibonite River with a pathogenic strain of current South Asian type Vibrio cholerae as a result of human activity". In other words, MINUSTAH was indeed the source. Instead, after citing the panel's reference to poor water and sanitation conditions and inadequate medical facilities, Mr. Medrano suggested that the main outcome of the inquiry was the statement that the outbreak "was not the fault of, or due to deliberate action by, a group or individual". Similarly, regularly updated fact sheets describing the United Nations response continue to make no mention of the panel's principal conclusion in relation to MINUSTAH. It has been airbrushed out of the picture.
- Organismo
- Special Rapporteur on extreme poverty and human rights
- Tipo de documento
- Special Procedures' report
- Temas
- Health
- Water & Sanitation
- Año
- 2016
Párrafo
The UN responsibility for the cholera outbreak in Haiti 2016, para. 23
- Paragraph text
- Because the position taken by United Nations officials relies heavily on the claim that there remains doubt as to the source of the cholera outbreak and invokes the panel's report in support, it is appropriate both to assess the validity of the panel's consistently cited assessment and to consider more recent scientific assessments. Before doing so, it should be noted that there is a fundamental inconsistency in the panel's conclusions. After stating clearly that "the source of the Haiti cholera outbreak was due to contamination", the report goes on to say that "[t]he introduction of this cholera strain as a result of environmental contamination with feces could not have been the source of such an outbreak without simultaneous water and sanitation and health care system deficiencies". Presumably, the panel intended to say that the contamination could not alone have been the sole cause, had there not been deficiencies in the environment into which the faeces were released. But that is not in fact what the report states.
- Organismo
- Special Rapporteur on extreme poverty and human rights
- Tipo de documento
- Special Procedures' report
- Temas
- Environment
- Water & Sanitation
- Año
- 2016
Párrafo
The UN responsibility for the cholera outbreak in Haiti 2016, para. 25
- Paragraph text
- Finally, as noted above, the panel sought to mitigate the Organization's responsibility by noting that the outbreak was due not to one single event but rather to a "confluence of circumstances", including deficient water, sanitation and health-care systems. But again, apart from being inconsistent with the principal finding that MINUSTAH was indeed responsible, this construction conflates responsibility for bringing cholera to Haiti on the one hand with the country's vulnerability on the other hand. The fact is that cholera would not have broken out but for the actions of the United Nations.
- Organismo
- Special Rapporteur on extreme poverty and human rights
- Tipo de documento
- Special Procedures' report
- Temas
- Health
- Water & Sanitation
- Año
- 2016
Párrafo
The UN responsibility for the cholera outbreak in Haiti 2016, para. 28
- Paragraph text
- On 3 November 2011, a petition was lodged with MINUSTAH on behalf of some 5,000 cholera victims claiming (a) a fair and impartial hearing; (b) monetary compensation; (c) preventive action by the United Nations; and (d) a public acknowledgement of United Nations responsibility and a public apology. Sixteen months later the Under-Secretary-General for Legal Affairs replied, noting that "the United Nations is extremely saddened by the catastrophic outbreak of cholera, and the Secretary-General has expressed his profound sympathy for the terrible suffering caused by the cholera outbreak". The Under-Secretary-General went on to make what seems to be an indirect reference to the theory that the earthquake that had occurred nine months earlier was the real culprit: "The cholera outbreak was not only an enormous national disaster, but was also a painful reminder of Haiti's vulnerability in the event of a national emergency." After recalling the independent panel's "confluence of circumstances" and no fault findings, the Under-Secretary-General deemed the claims "not receivable pursuant to Section 29 of the 1946 Convention on the Privileges and Immunities of the United Nations". That provision requires the United Nations to provide for appropriate modes of settlement of disputes of a private law character to which it is a party, but the Under-Secretary-General considered the claims not to be of a "private law character" because their consideration "would necessarily include a review of political and policy matters".
- Organismo
- Special Rapporteur on extreme poverty and human rights
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Humanitarian
- Año
- 2016
Párrafo