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Extreme poverty and human rights on universal basic income 2017, para. 4
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- The neoliberal policies encapsulated in the 1980s-era Washington Consensus can be seen, especially in retrospect, to have greatly exacerbated economic insecurity, whether or not that was the intent. The State was assumed to be intrinsically inefficient and corruption-prone, and this led to constant pressure to shrink all those parts of it that provided social and basic economic services to the populace, while vindicating and reinforcing the State in its role as the regulator facilitating and legitimizing the privatization of the economy. Social security and social protection was transformed, including through the explicit policies of the World Bank and the International Monetary Fund, into a minimalist notion of “social safety nets” designed to avoid the very worst outcomes and make the State look beneficent while empowering officials dedicated to devising ever more efficient “targeting” mechanisms and to rooting out overinclusion while playing down underinclusion. The objectives of promoting tax reform and prudent fiscal policies turned into a race to the bottom to set the lowest individual and corporate tax rates, attracting businesses through expensive exemptions, turning a blind eye to illegal or unconscionably evasive tax practices, and eliminating estate taxes and other measures that would bring about even minimal redistribution. Privatization was promoted even in relation to what were once seen as basic State functions, such as prisons, education and security. In some States, even the justice system has been partly privatized, whether through onerous court fees for the poor or the channelling of consumer and other complaints into private arbitration.
- 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
- Personas afectadas
- All
- N.A.
- Año
- 2017
Párrafo
Extreme poverty and human rights on universal basic income 2017, para. 62
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- The most prominent path chosen to date has focused on respect for labour rights. But significant questions arise as to whether the tools used to tackle economic insecurity in that context have been, or are likely to be, effective in responding to the emerging conditions in the global labour market. For example, in its general comment No. 18 (2005) on the right to work, the Committee on Economic, Social and Cultural Rights calls on States “to reduce to the fullest extent possible the number of workers outside the formal economy”, “to ensure that privatization measures do not undermine workers’ rights”, and to ensure that enhanced labour market flexibility does “not render work less stable or reduce the social protection of the worker”. All of these important objectives are grounded in human rights law, but the question is how best to respond to the reality that the trends in most industries seem to be heading rapidly in the opposite direction.
- Organismo
- Special Rapporteur on extreme poverty and human rights
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2017
Párrafo
Extreme poverty and human rights on universal basic income 2017, para. 9
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- In its comprehensive and ideal form, a basic income is explicitly designed to challenge most of the key assumptions underpinning existing social security systems. Rather than a system where there are partial payments, basic income guarantees a floor; instead of being episodic, payments are regular; rather than being needs-based, they are paid as a flat rate to all; they come in cash, rather than as messy in-kind support; they accrue to every individual, rather than only to needy households; rather than requiring that various conditions be met, they are unconditional; rather than excluding the well off, they are universal; and instead of being based on lifetime contributions, they are funded primarily from taxation. And simplicity of design promises minimal bureaucracy and low administrative costs.
- Organismo
- Special Rapporteur on extreme poverty and human rights
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2017
Párrafo
Extreme poverty and human rights on universal basic income 2017, para. 15
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- A full basic income is considered a universal entitlement that is automatically paid ex ante to all in a society, regardless of income, wealth, age and gender. It does not require means testing and is not restricted to specific categories of recipients. This idea is troubling to many, who question why the “haves” should receive as much as the “have nots”. Common responses are that any form of means testing to determine eligibility requires a large and inefficient bureaucracy to evaluate claims, creates a burden on disadvantaged people to prove their financial need, stigmatizes the target group, and undermines the freedom to not work — as compared to means-tested welfare that is reduced as people work and earn more. One option for retaining universality but responding to this unfairness critique is a progressive taxation system that effectively takes back much of the basic income payment from high earners. Some challenge the viability of that approach in a world in which elite tax avoidance and evasion schemes are rife.
- Organismo
- Special Rapporteur on extreme poverty and human rights
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Personas afectadas
- All
- Año
- 2017
Párrafo
Extreme poverty and human rights on universal basic income 2017, para. 69
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- The starting point is to acknowledge that economic insecurity represents a fundamental threat to human rights. It is not only a threat to the enjoyment of economic and social rights, even though they are a principal concern. Extreme inequality, rapidly increasing insecurity, and the domination of politics by economic elites in many countries, all threaten to undermine support for, and ultimately the viability of, the democratic systems of governance upon which the human rights framework depends.
- Organismo
- Special Rapporteur on extreme poverty and human rights
- Tipo de documento
- Special Procedures' report
- Temas
- Economic Rights
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2017
Párrafo
Extreme poverty and human rights on universal basic income 2017, para. 71
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- Third, contrary to the orthodoxy promoted by economic institutions and corporate actors in recent years, there needs to be a resurgence of support for the central role of the State, and recognition of the importance of fair and progressive fiscal policies, and of the indispensability of policies to ensure redistributive justice.
- Organismo
- Special Rapporteur on extreme poverty and human rights
- Tipo de documento
- Special Procedures' report
- Temas
- Economic Rights
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2017
Párrafo
Extreme poverty and human rights on universal basic income 2017, para. 70
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- Second, the right to work, the right to social security, and above all the right to an adequate standard of living need to be given a prominent place on the human rights community’s agenda. If these rights are marginalized, the overall agenda will become increasingly less relevant to the most pressing and urgent questions of the day.
- Organismo
- Special Rapporteur on extreme poverty and human rights
- Tipo de documento
- Special Procedures' report
- Temas
- Economic Rights
- Equality & Inclusion
- Social & Cultural Rights
- Personas afectadas
- All
- Año
- 2017
Párrafo
Extreme poverty and human rights on universal basic income 2017, para. 7
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- There is a strong risk that when confronted with the challenge of addressing economic insecurity the human rights system will proceed in zombie mode. It will keep marching straight ahead on the path mapped out long ago, even as the lifeblood drains out of the enterprise. Its supervisory and monitoring organs will address themselves ever more insistently to State actors that have made themselves marginal, and they will continue to demand respect for standards that have long since been overtaken by the grim realities of global supply chains. For the most part, the human rights machinery is cumbersome, lacking in agility, and poorly placed to develop new thinking in such contexts. But it will need to do so if it is to remain relevant.
- Organismo
- Special Rapporteur on extreme poverty and human rights
- Tipo de documento
- Special Procedures' report
- Temas
- Economic Rights
- Governance & Rule of Law
- Personas afectadas
- All
- N.A.
- Año
- 2017
Párrafo
Extreme poverty and human rights on universal basic income 2017, para. 3
- Paragraph text
- 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.
- Organismo
- Special Rapporteur on extreme poverty and human rights
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Poverty
- Personas afectadas
- All
- Año
- 2017
Párrafo
Marginality of economic and social rights 2016, para. 33
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- It has been suggested that "countries are choosing social rights constitutionalism over other ways to promote well-being and the fulfilment of basic human needs". A systematic and detailed study of economic and social rights in national constitutions provides detailed evidence to support this optimistic assessment; 195 constitutions were examined with a view to identifying which of 16 separate economic and social rights were recognized and, where they were recognized, whether the constitutions classified them as justiciable or aspirational (such as directive principles of State policy). Over 90 per cent of the Constitutions recognized at least one economic and social right. In around 70 per cent of the Constitutions, at least one economic and social right was explicitly justiciable and around 25 per cent of them recognized 10 or more justiciable economic and social rights. In order of frequency, the justiciable rights concerned education, trade unions, health care, social security, child protection and environmental protection. The study found that those six rights appear in over half of all Constitutions.
- Organismo
- Special Rapporteur on extreme poverty and human rights
- Tipo de documento
- Special Procedures' report
- Temas
- Environment
- Governance & Rule of Law
- Social & Cultural Rights
- Personas afectadas
- All
- Año
- 2016
Párrafo
Marginality of economic and social rights 2016, para. 22
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- The International Covenant on Economic, Social and Cultural Rights contains three principal types of obligation. The first, and the most consistently ignored or underestimated, is the obligation to recognize each of the particular rights. The second is to take steps through all appropriate means, including particularly the adoption of legislative measures. The third is the obligation to "guarantee" the exercise of the relevant rights without discrimination.
- 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
- Personas afectadas
- All
- Año
- 2016
Párrafo
Marginality of economic and social rights 2016, para. 23
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- In terms of the obligation to recognize, the Committee on Economic, Social and Cultural Rights has noted that, in many instances, legislation is highly desirable and in some cases may even be indispensable. It subsequently added that, although the precise method by which Covenant rights are given effect in national law is a matter for each State party to decide, the means used should be appropriate in the sense of producing results which are consistent with the full discharge of its obligations by the State party.
- 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
- Personas afectadas
- All
- Año
- 2016
Párrafo
The UN responsibility for the cholera outbreak in Haiti 2016, para. 42
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- Scholars have criticized the Organization's "shabby formalistic maneuvers to avoid the very principles of the Rule of Law that they urge on the rest of the world", its "preposterous" failure to provide a remedy, its pursuit of "peacekeeping without accountability", its compounding of a public health disaster with a public relations disaster, its dangerous "legalism" which "effectively insulate[s] the organization from accountability", and its "repeated failures … to provide adequate due process to those affected by its decision-making [which] has had a detrimental effect on the Organization and its activities".
- Organismo
- Special Rapporteur on extreme poverty and human rights
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Humanitarian
- Personas afectadas
- All
- N.A.
- Año
- 2016
Párrafo
Marginality of economic and social rights 2016, para. 13
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- The widespread persistence of extreme poverty, despite the progress made in recent years, serves to highlight the central importance of the struggle to achieve economic and social rights. Many hundreds of millions of people continue to suffer from extreme poverty, and by no means only in the poorest countries, in what is a grave affront to any notion of universal human rights. While such poverty is a phenomenon that fundamentally undermines most, if not all, civil and political rights, its most obvious and brutal manifestation is in the premature deaths and severely deprived lives that result from the denial of economic and social rights. While it is true that many developed and a few developing States have radically diminished extreme poverty without adopting a strategy based on the recognition of economic and social rights, experience more broadly suggests that the failure to take those rights seriously diminishes the prospects for eliminating extreme poverty, even in contexts where overall economic growth levels are high.
- Organismo
- Special Rapporteur on extreme poverty and human rights
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Poverty
- Personas afectadas
- All
- Año
- 2016
Párrafo
Marginality of economic and social rights 2016, para. 60
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- If the recognition, institutionalization and accountability building blocks were solidly in place in many countries, it would follow that the main focus of advocacy efforts to promote a higher level of real-life enjoyment of economic and social rights should be elsewhere. It may be that this assumption explains why so many of those working to promote economic and social rights, whether through the United Nations or regional organizations or at the national level, have now turned their attention to matters such as developing new methodologies for measuring compliance with the Covenant, exploring new and much more detailed indicators, working out how such indicators can be disaggregated to take account of a wide range of specific factors - such as gender, age, ethnicity and social origin -, identifying means by which to ensure that decision-making processes are transparent and participatory, and developing more detailed normative guidelines, recommendations, principles and other such instruments that elaborate upon or seek to operationalize governmental obligations in relation to economic and social rights.
- 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
- Personas afectadas
- All
- N.A.
- Año
- 2016
Párrafo
Marginality of economic and social rights 2016, para. 16
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- More sustained and meaningful attention to economic and social rights is also increasingly recognized as an indispensable component of effective and comprehensive counter-terrorism strategies in many contexts. The Special Rapporteur on the promotion and protection of human rights while countering terrorism has consistently drawn attention to the extent to which societies characterized by economic, social, political and educational exclusion are often breeding, or recruitment, grounds for terrorism. And the Secretary-General included in his Plan of Action to Prevent Violent Extremism a lack of socioeconomic opportunities, as well as marginalization and discrimination, among the conditions conducive to violent extremism.
- Organismo
- Special Rapporteur on extreme poverty and human rights
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Violence
- Personas afectadas
- All
- Año
- 2016
Párrafo
Marginality of economic and social rights 2016, para. 48
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- Fifth, the implementation of positive judicial outcomes and the search for more creative remedies have been "an analytical and practical blind spot".
- Organismo
- Special Rapporteur on extreme poverty and human rights
- Tipo de documento
- Special Procedures' report
- Personas afectadas
- All
- Año
- 2016
Párrafo
Marginality of economic and social rights 2016, para. 42
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- Because of the relative inactivity of these other actors, studies of economic and social rights accountability have focused overwhelmingly on the courts and on the extent to which the increasing constitutional recognition noted above has enabled them to play an active role in upholding economic and social rights. It is open to question whether this emphasis accurately reflects the main trends in economic and social rights accountability or whether it is due more to the lawyers' preference for studying courts. It might also be linked to the determination of economic and social rights proponents in the era of post-Cold War constitutional revitalization to respond to the often heard, but highly reductionist, proposition that "if one is to talk meaningfully of rights, one has to discuss what can be enforced through the judicial process". In response, economic and social rights proponents have sought legitimacy by seeking to demonstrate that economic and social rights resemble civil and political rights, at least in this key respect.
- 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
- Personas afectadas
- All
- N.A.
- Año
- 2016
Párrafo
Marginality of economic and social rights 2016, para. 12
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- Some will contest this assessment, while others will suggest that the difference in attention and in the practical legal recognition accorded to the two sets of rights - civil and political rights on one hand, and economic, social and cultural rights on the other - does not really matter. In fact, it matters a great deal, and for a number of reasons. The most basic is philosophical, in the sense that it is agreed that the two sets of rights are indispensable elements in enabling individuals to live dignified and fulfilling lives. It is also important for doctrinal reasons. The equal status of the rights recognized in the Universal Declaration of Human Rights reflects a hard-fought ideological and political compromise, not only between capitalist and communist approaches in the 1940s, but between continuing differences in perception over what societies should value most and the terms of the social contract between the State and its inhabitants. It is the glue that has held the package together and the understanding that enables the reconciliation of otherwise starkly competing visions. It reflects the need to achieve an equilibrium among goals that will inevitably always be in tension with one another. Whether the equal importance of the two sets of rights can also be demonstrated empirically is a matter over which economists and others have long duelled, and instrumentalist arguments continue to be heavily relied upon in making the case for goals such as gender equality. But, regardless of the conclusions that might emerge from such research, the validity of the underlying principle cannot be held hostage to the uncertainties of empirical analyses.
- Organismo
- Special Rapporteur on extreme poverty and human rights
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2016
Párrafo
Marginality of economic and social rights 2016, para. 28
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- Human rights are often expressed with great brevity and little or no elaboration as to their content or corresponding obligations. The relevant treaties simply recognize that there is a right to life, a right to social security or a right to recognition as a person before the law. But the assumption underpinning this approach is that institutions will be created and will help to develop the normative content of the relevant right, promote its implementation and facilitate its realization. In Spanish, the term institucionalidad is sometimes used to denote the institutional arrangements that are needed to underpin the rule of law and human rights. Where no institutions are designated to take the lead in implementing a particular human right, the likelihood is that little will be done to treat it as a human right per se. This is especially the case in relation to economic and social rights.
- 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
- Personas afectadas
- All
- N.A.
- Año
- 2016
Párrafo
Marginality of economic and social rights 2016, para. 72
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- One of the challenges that emerges most clearly from this analysis is that more research is needed in order to generate a better understanding of what works and what does not, in terms of the overall agenda for the promotion of economic and social rights. The focus needs to be less on what governments, civil society groups and scholars think they are best placed to do and more on what objectively needs to be done to ensure the progressive recognition and realization of economic and social rights.
- Organismo
- Special Rapporteur on extreme poverty and human rights
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2016
Párrafo
The UN responsibility for the cholera outbreak in Haiti 2016, para. 50
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- Fourth, it is recognized in the Convention on the Privileges and Immunities of the United Nations of 1946, in the status-of-forces agreement and in United Nations practice that appropriate remedies should be provided where disputes arise in relation to liability for acts of a private character.
- Organismo
- Special Rapporteur on extreme poverty and human rights
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Personas afectadas
- All
- N.A.
- Año
- 2016
Párrafo
The UN responsibility for the cholera outbreak in Haiti 2016, para. 82
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- The present report is not the appropriate context in which to spell out in detail what remains to be done to right the wrongs that have occurred. But it is possible to sketch in broad outline the principal steps that are required.
- Organismo
- Special Rapporteur on extreme poverty and human rights
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Personas afectadas
- All
- Año
- 2016
Párrafo
The UN responsibility for the cholera outbreak in Haiti 2016, para. 71
- Paragraph text
- Remedies. The provision of remedies for wrongdoing is an essential dimension of the law relating to immunity, of human rights law, of the rule of law and of the principle of accountability. The High Commissioner for Human Rights regularly and rightly admonishes States that refuse to provide a remedy to those whose human rights have been violated, yet in the Haiti case the United Nations has refused even to contemplate a range of remedies which could reasonably and feasibly be provided. Similarly, in the transitional justice context, the United Nations consistently calls upon States to acknowledge wrongdoing, to ensure meaningful processes for the vindication of claims and to provide victims with redress. Yet in the Haiti case the victims are told that a handful of broadly focused development projects should provide sufficient redress. Even in the context of armed conflicts, various United Nations bodies have urged States to provide forms of compensation, whether ex gratia or otherwise, to the killed or injured even though the legal obligation to provide such compensation is not uncontested.
- Organismo
- Special Rapporteur on extreme poverty and human rights
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Humanitarian
- Personas afectadas
- All
- Año
- 2016
Párrafo
Marginality of economic and social rights 2016, para. 43
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- In the limited space available in the present report, it is impossible to undertake a systematic review of the experience, to date, with justiciability, but some broad conclusions emerge from the voluminous and often excellent literature.
- Organismo
- Special Rapporteur on extreme poverty and human rights
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2016
Párrafo
Marginality of economic and social rights 2016, para. 34
- Paragraph text
- While the present report cannot do justice to the richness of these survey findings, it is clear that impressive levels of constitutional recognition have been achieved and that many more economic and social rights are considered to be justiciable, and in many more countries, than was previously thought to be the case. However, if it turns out that the practical consequences of such constitutional recognition have been very limited, there would be much less to celebrate and attention would need to be focused on supplementary or alternative approaches. Thus an assessment of the significance of these findings requires a careful examination of the empirical consequences of constitutional recognition in terms of enhanced accountability and improved levels of realization of economic and social rights. The main challenges in this regard are considered in the section below on accountability.
- Organismo
- Special Rapporteur on extreme poverty and human rights
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Personas afectadas
- All
- N.A.
- Año
- 2016
Párrafo
Marginality of economic and social rights 2016, para. 31
- Paragraph text
- Another very positive account argues that "the broad normative framework of ESC rights has attained a high degree of specificity in terms of content as well as efficacy of implementation mechanisms, most importantly at the national level".
- Organismo
- Special Rapporteur on extreme poverty and human rights
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Personas afectadas
- All
- N.A.
- Año
- 2016
Párrafo
Marginality of economic and social rights 2016, para. 51
- Paragraph text
- The main conclusion to be drawn for the purposes of the present report is that, insofar as the universal periodic review is an accurate indicator, States attach very limited importance to the recognition, institutionalization and accountability dimensions of economic and social rights.
- Organismo
- Special Rapporteur on extreme poverty and human rights
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2016
Párrafo
Marginality of economic and social rights 2016, para. 36
- Paragraph text
- In terms of institutions for the promotion of economic and social rights, scholars and others have focused almost all of their attention in recent years on courts. The impact of courts will be examined below, under the rubric of accountability. Judicial enforcement is not the same, however, as institutional promotion. The courts are not equipped, and are understandably not willing, to perform the roles required to promote the deeper understanding of economic and social rights and their implementation by diverse governmental and other agencies.
- Organismo
- Special Rapporteur on extreme poverty and human rights
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Social & Cultural Rights
- Personas afectadas
- All
- Año
- 2016
Párrafo
The UN responsibility for the cholera outbreak in Haiti 2016, para. 66
- Paragraph text
- It is clear that the United Nations could make use of these various precedents in order to shape an approach to compensation as part of a broader package that would provide justice to the victims and be affordable.
- Organismo
- Special Rapporteur on extreme poverty and human rights
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2016
Párrafo