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Ability of associations to access financial resources as a vital part of the right to freedom of association & Ability to hold peaceful assemblies as an integral component of the right to freedom of peaceful assembly 2013, para. 43
- Paragraph text
- The ability to hold peaceful assemblies is a fundamental and integral component of the multifaceted right to freedom of peaceful assembly, which shall be enjoyed by everyone. Such ability is of utmost importance to the work of civil society actors, including those promoting the realization of economic, social and cultural rights, as it enables them to publicly voice their message, which ultimately benefits the realization of the right(s) they strive to promote and protect, especially in the context of the ongoing dire economic crisis. This is all the more relevant for groups most at risk of violations and discrimination, such as women, youth, indigenous peoples, persons with disabilities, persons belonging to minority groups, groups at risk because of their sexual orientation and gender identity and non-nationals.
- Organismo
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Equality & Inclusion
- Gender
- Personas afectadas
- Ethnic minorities
- Women
- Youth
- Año
- 2013
Párrafo
Ability of associations to access financial resources as a vital part of the right to freedom of association & Ability to hold peaceful assemblies as an integral component of the right to freedom of peaceful assembly 2013, para. 62
- Paragraph text
- This has also been the case for peaceful protestors advocating economic, social and cultural rights, such as indigenous peoples protesting the exploitation of a coal mine (Bangladesh), local residents denouncing the health impact of nuclear power plants (India), students protesting university reforms (Chile), employees protesting the closure of a mine (Myanmar), activists criticizing the increase in fuel prices (Sri Lanka) or students supporting an ethnic group forcibly displaced by the construction of a dam (Sudan).
- Organismo
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Tipo de documento
- Special Procedures' report
- Temas
- Economic Rights
- Environment
- Personas afectadas
- Activists
- Ethnic minorities
- Persons on the move
- Año
- 2013
Párrafo
Ability of associations to access financial resources as a vital part of the right to freedom of association & Ability to hold peaceful assemblies as an integral component of the right to freedom of peaceful assembly 2013, para. 69
- Paragraph text
- Possible issues for discussion include an estimate of the number of participants expected; itinerary of the assembly, if it is not static; specific needs of persons with disabilities and groups at risk, such as women, indigenous peoples and groups who, due to their sexual orientation and/or gender identity may be in need of greater protection by the authorities; need to deploy properly trained and clearly identified stewards whose role is to provide assistance to organizers by, inter alia, informing and orienting the public during the event, but who should not be used to palliate deficiencies in the security apparatus. Importantly, when organizers cannot be identified due to the nature of certain assemblies (such as those convened through the Internet), the authorities must undertake such planning and be prepared to the same extent.
- Organismo
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Gender
- Personas afectadas
- Ethnic minorities
- Persons with disabilities
- Women
- Año
- 2013
Párrafo
Access to justice and the right to food: the way forward 2015, para. 23
- Paragraph text
- The following examples illustrate the positive role played by regional human rights mechanisms. In the case Centre for Minority Rights Development (Kenya) and Minority Rights Group International on behalf of Endorois Welfare Council v. Kenya, the Endorois, a primarily pastoralist indigenous community, were removed from their lands by the Government of Kenya to establish a wildlife reserve. The African Commission found Kenya to have violated articles 8, 14, 17, 21 and 22 of the African Charter. The Commission noted that, as a consequence of its removal, the community had been "relegated to semi-arid land", which was unsuitable for pastoralism. The ability to graze animals, a key means of subsistence for the community, had become impossible as a result of loss of their land and this threatened the community's survival.
- Organismo
- Special Rapporteur on the right to food
- Tipo de documento
- Special Procedures' report
- Temas
- Environment
- Food & Nutrition
- Social & Cultural Rights
- Personas afectadas
- Ethnic minorities
- Año
- 2015
Párrafo
Access to justice and the right to food: the way forward 2015, para. 24
- Paragraph text
- In its case SERAC v. Nigeria, the African Commission held that the treatment by Nigeria of the Ogoni indigenous community violated the right to food implied in the African Charter. In their statement to the African Commission, the NGOs submitting the claim contended that: "the Nigerian government ... destroyed and threatened Ogoni food sources through a variety of means. The government ... participated in irresponsible oil development that poisoned much of the soil and water upon which Ogoni farming and fishing depended. In their raids on villages, Nigerian security forces have destroyed crops and killed farm animals. The security forces have created a state of terror and insecurity that ... made it impossible for many Ogoni villagers to return to their fields and animals. The destruction of farm lands, rivers, crops and animals created malnutrition and starvation among certain Ogoni communities."
- Organismo
- Special Rapporteur on the right to food
- Tipo de documento
- Special Procedures' report
- Temas
- Environment
- Food & Nutrition
- Personas afectadas
- Ethnic minorities
- Año
- 2015
Párrafo
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.
- Organismo
- Special Rapporteur on the right to food
- Tipo de documento
- Special Procedures' report
- Temas
- Environment
- Food & Nutrition
- Governance & Rule of Law
- Humanitarian
- Movement
- Poverty
- Personas afectadas
- Ethnic minorities
- Persons on the move
- Año
- 2015
Párrafo
Access to justice and the right to food: the way forward 2015, para. 51
- Paragraph text
- There are a number of cases involving TNCs and right to food violations at the domestic level; however, in many of these cases, claims are either based on tort or criminal law rather than human rights legislation, or decisions focus on the involvement of the Government in the violation of rights, and not the company. The case against Nigeria submitted through the African Commission on Human Rights is an example thereof. Another example is the case brought to the Inter-American Commission on Human Rights on behalf of indigenous Guarani people living in the Oriente region in Ecuador against the oil exploitation activities by their own Government and Texaco.
- Organismo
- Special Rapporteur on the right to food
- Tipo de documento
- Special Procedures' report
- Temas
- Food & Nutrition
- Governance & Rule of Law
- Personas afectadas
- Ethnic minorities
- Año
- 2015
Párrafo
Access to justice and the right to food: the way forward 2015, para. 60
- Paragraph text
- General comments do not establish legal obligations, but elaborate on the practical implications of those obligations. The treaty bodies, however, have legally binding powers. In February 2013, the Committee of the Rights of the Child adopted general comment No. 16 (2013) on State obligations regarding the impact of the business sector on children's rights to elaborate on the practical implications of those obligations. The Committee also noted that the existing instruments and guidance did not sufficiently address the particular situation and needs of children. The treaty bodies have also contributed to the protection of the rights of groups such as indigenous people and small-scale farmers, whose rights are routinely disregarded by foreign States and private actors based in third countries. Moreover, in recent years a number special procedure mandate holders have sent various communications to States concerning the application of extraterritorial obligations, especially in cases involving allegations of corporate abuse of human rights in host States.
- Organismo
- Special Rapporteur on the right to food
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Personas afectadas
- Children
- Ethnic minorities
- Año
- 2015
Párrafo
Access to justice and the right to food: the way forward 2015, para. 66
- Paragraph text
- Transnational campaigns by civil society are also important in developing good practice. For example, Oxfam's "Behind the Brands" campaign called upon TNCs to stop land grabbing. As a result PepsiCo, Coca-Cola and Nestle responded by committing to a "zero tolerance" policy within their supply chains in relation to land grabbing and protecting the land rights of rural and indigenous communities. These are important victories, yet monitoring and proper enforcement by the companies is essential to ensure that these committments are upheld.
- Organismo
- Special Rapporteur on the right to food
- Tipo de documento
- Special Procedures' report
- Temas
- Economic Rights
- Personas afectadas
- Ethnic minorities
- Año
- 2015
Párrafo
Access to justice and the right to food: the way forward 2015, para. 72d
- Paragraph text
- [The Special Rapporteur recommends that States:] Provide mechanisms that offer adequate, effective and timely remedies in cases of violations of the right to food, in particular to groups such as communities living in remote rural areas, communities living in situations of extreme poverty, persons with disabilities and indigenous communities, either through collective or public interest remedies;
- Organismo
- Special Rapporteur on the right to food
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Food & Nutrition
- Poverty
- Personas afectadas
- Ethnic minorities
- Persons with disabilities
- Año
- 2015
Párrafo
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.
- Organismo
- Special Rapporteur on extreme poverty and human rights
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Poverty
- Social & Cultural Rights
- Personas afectadas
- Children
- Ethnic minorities
- Persons on the move
- Women
- Año
- 2012
Párrafo
Access to justice for people living in poverty 2012, para. 21
- Paragraph text
- Persons living in poverty may choose not to seek justice because they fear reprisal or sanction from more powerful actors within or outside their community, or fear being stigmatized or discriminated against. Having experienced discrimination and abuse at the hands of the police and other authorities throughout their lives, people living in poverty are often averse to relying upon formal legal processes for fear of being subject to further exploitation or corruption, or of receiving an unjust outcome. Certain groups, such as ethnic minorities, indigenous peoples or irregular migrants, may be reluctant to engage with the justice system owing to concerns relating to the respect of their own values or owing to their immigration status.
- Organismo
- Special Rapporteur on extreme poverty and human rights
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Poverty
- Personas afectadas
- Ethnic minorities
- Persons on the move
- Año
- 2012
Párrafo
Access to justice for people living in poverty 2012, para. 62
- Paragraph text
- Lack of legal aid for civil matters can seriously prejudice the rights and interests of persons living in poverty, for example when they are unable to contest tenancy disputes, eviction decisions, immigration or asylum proceedings, eligibility for social security benefits, abusive working conditions, discrimination in the workplace or child custody decisions. Indeed, exclusion of certain categories of claims from the scope of free legal aid, such as housing or immigration proceedings, or exclusion from representation before quasi-judicial tribunals, such as welfare or employment appeal boards, discriminates against the poor. Moreover, the legal processes which relate to such civil matters are often extremely complex and their requirements onerous, creating insurmountable obstacles for those without the assistance of a lawyer, particularly if the State or other party enjoys such assistance. This is particularly troubling with respect to civil matters involving the most vulnerable groups, such as indigenous peoples, persons with disabilities and ethnic minorities, who often face serious deprivations and violations of their rights, and lack the means or ability to contest them.
- Organismo
- Special Rapporteur on extreme poverty and human rights
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Movement
- Poverty
- Social & Cultural Rights
- Personas afectadas
- Ethnic minorities
- Persons on the move
- Año
- 2012
Párrafo
Access to justice for people living in poverty 2012, para. 76
- Paragraph text
- This can constitute a significant barrier for the poorest and most marginalized, many of whom speak local languages or dialects, as well as for indigenous populations, ethnic minorities and migrants. In particular, those who are often excluded from education services, including women, are less likely to have received adequate schooling in the official or predominant language.
- Organismo
- Special Rapporteur on extreme poverty and human rights
- Tipo de documento
- Special Procedures' report
- Temas
- Education
- Equality & Inclusion
- Social & Cultural Rights
- Personas afectadas
- Ethnic minorities
- Persons on the move
- Women
- Año
- 2012
Párrafo
Access to justice for people living in poverty 2012, para. 78
- Paragraph text
- Even when the predominant language is spoken, cultural differences can impede communication within the judicial system. In addition to imbalances of power, in some cultural groups, different terminology may be used for specific occasions or to speak to people in a different relationship, and time and place may be described in different ways. Furthermore, intercultural communication between indigenous groups or ethnic minorities and judicial officers can be impeded by differences in perceptions of politeness; cultural taboos which prevent the giving of certain evidence; and reliance on interrogatory methods. When judicial processes do not adopt measures to facilitate cross-cultural communication and adapt to cultural differences, this may contribute to higher rates of conviction on criminal charges, undermining the right to a fair trial.
- Organismo
- Special Rapporteur on extreme poverty and human rights
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Social & Cultural Rights
- Personas afectadas
- Ethnic minorities
- Año
- 2012
Párrafo
Access to justice for people living in poverty 2012, para. 86
- Paragraph text
- Informal justice systems are often more accessible to persons living in poverty and may have the potential to provide quick, affordable and culturally relevant remedies. However, informal justice mechanisms frequently exhibit some of the same weaknesses as State systems. For example, they may exclude women, minorities and disadvantaged groups, be susceptible to corruption and abuse of power, require payment from claimants or impose heavy fines, and in some there may be frequent lengthy delays in deciding cases.
- Organismo
- Special Rapporteur on extreme poverty and human rights
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Poverty
- Social & Cultural Rights
- Personas afectadas
- Ethnic minorities
- Women
- Año
- 2012
Párrafo
Access to justice for people living in poverty 2012, para. 95
- Paragraph text
- Given the great diversity of social contexts, there is no "one size fits all" solution for ensuring access to justice for persons living in poverty. Differing national and local contexts create a variety of challenges and opportunities for reform that must be taken into account. Success in all contexts, however, will share the features of a human rights-based approach. Solutions require tackling not only legal obstacles but also a range of extralegal factors: social, economic, cultural, linguistic, etc. Solutions must be sought at local levels, designed and implemented with the active participation of the communities affected. Therefore, policymakers and legal authorities should have a specific contextual understanding of local legal institutions and the variety of obstacles on the ground that impede access to justice by persons living in poverty, and implement multidimensional solutions that can strengthen their agency and ensure their enjoyment of their rights. Special attention must be paid to women and groups that are particularly excluded, such as indigenous peoples, older persons and migrants. With this in mind, States must take immediate and effective action to ensure that persons living in poverty are not denied enjoyment of their human rights because of insurmountable obstacles which prevent them from accessing the justice system. To this end, the Special Rapporteur wishes to present the following recommendations.
- 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
- Ethnic minorities
- Persons on the move
- Women
- Año
- 2012
Párrafo
Access to land and the right to food 2010, para. 1
- Paragraph text
- One billion people are hungry today. For the vast majority - smallholders or agricultural workers, herders, artisanal fisherfolk and members of indigenous communities - access to land is a condition for the achievement of a decent standard of living. The reason why approximately 500 million people depending on small-scale agriculture are hungry is not only that the price they receive for their crops is too low and they are less competitive than larger production units, but also that they cultivate plots that are often very small - which makes the vast majority of them net food buyers - and they are often relegated to soils that are arid, hilly or without irrigation as they compete against larger productive units for access to land and water. Whether because small-scale farming has become non-viable or because they have been expelled from the land in the absence of effective security of tenure, many such farmers become agricultural workers on large-scale plantations, where they are often paid lower than subsistence wages and left without social or legal protection. Artisanal fisherfolk pastoralists and agro-pastoralists now face a similar threat: as land becomes scarcer, they increasingly risk being excluded from the fishing and grazing grounds on which they have been able to rely for generations. And the precarious position of indigenous peoples and forest-dwelling populations may be attributed in particular to the increased pressure on the forests on which they depend for their livelihoods.
- Organismo
- Special Rapporteur on the right to food
- Tipo de documento
- Special Procedures' report
- Temas
- Environment
- Social & Cultural Rights
- Personas afectadas
- Ethnic minorities
- Año
- 2010
Párrafo
Access to land and the right to food 2010, para. 3
- Paragraph text
- For some of the groups that are the most vulnerable today, this means protecting existing access to land, water, grazing or fishing grounds, or forests, all of which may be productive resources essential for a decent livelihood. In such cases, as detailed below, the right to food may complement the protection of the right to property or of indigenous peoples' relationship with their lands, territories, and resources. In other cases, because landlessness is a cause of particular vulnerability, the obligation of the State goes further: it is to strengthen such access or make it possible - for example, through redistributive programmes that may in turn result in restrictions on others' right to property. This obligation of States is especially clear in cases in which the members of such groups have no alternative means of producing food or gaining sufficient income to purchase food that is sufficient, adequate and culturally acceptable.
- Organismo
- Special Rapporteur on the right to food
- Tipo de documento
- Special Procedures' report
- Temas
- Environment
- Food & Nutrition
- Social & Cultural Rights
- Personas afectadas
- Ethnic minorities
- Año
- 2010
Párrafo
Access to land and the right to food 2010, para. 10
- Paragraph text
- The pressures referred to above exacerbate conflicts over land and lead to a worrisome criminalization of social movements aimed at carrying out agrarian reforms "from below", including by claiming land that is unused and, in their view, should be distributed more equitably. As a result, serious violations of a range of human rights occur, including murders of peasants connected to such activities, which the Special Rapporteur has documented in a number of communications to States. But the increased pressures on land are also a source of concern because of the weak protection of those who depend most on the land for their survival: smallholders, traditional fisherfolk, pastoralists and peoples (including indigenous and tribal peoples) that rely on the products of the forest. The present report first addresses the situation of indigenous peoples, which is specific insofar as the right of such peoples to have their lands demarcated and protected is recognized under international law. It then considers the position of smallholders, who cultivate the land in conditions that are often insufficiently secure, and that of other land users, such as fisherfolk, pastoralists and herders, who are particularly dependent on commons. The key message is that, while security of tenure is important and should be seen as crucial to the realization of the right to food, individual titling and the creation of a market for land rights may not be the most appropriate means to achieve it.
- Organismo
- Special Rapporteur on the right to food
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Social & Cultural Rights
- Personas afectadas
- Ethnic minorities
- Año
- 2010
Párrafo
Access to land and the right to food 2010, para. 11
- Paragraph text
- Indigenous peoples are increasingly victims of the exploitation of natural resources on their lands, which are often regarded as belonging to the State. The demarcation of their lands and territories is a lengthy process that includes many obstacles. Participation is generally lacking. Yet, International Labour Organization (ILO) Convention No. 169, concerning indigenous and tribal peoples in independent countries, which entered into force in 1991, provides for a number of guarantees related to land. Although the Convention has been insufficiently ratified, that has been compensated for in part through the adoption on 13 September 2007 by the General Assembly, in its resolution 61/295, of the Declaration on the Rights of Indigenous Peoples, which contributes to the formation of international customary law on this issue. The Declaration provides, in its article 8 (2) (b), that States should prohibit "any action which has the aim or effect of dispossessing [indigenous peoples] of their lands, territories or resources", a requirement that replicates article 18 of ILO Convention No. 169. It also prohibits, in its article 10, any forcible removal of indigenous peoples from their lands or territories, imposing the requirements of free, prior and informed consent, agreement on just and fair compensation and, where possible, the option of return (for relocations).
- Organismo
- Special Rapporteur on the right to food
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Environment
- Governance & Rule of Law
- Personas afectadas
- Ethnic minorities
- Año
- 2010
Párrafo
Access to land and the right to food 2010, para. 12
- Paragraph text
- In addition, the right of all peoples to freely dispose of their natural wealth and resources - as provided for in article 1 of the International Covenant on Economic, Social and Cultural Rights of 16 December 1966 and in article 1 of the International Covenant on Civil and Political Rights of 16 December 1966 - entails the protection of indigenous peoples from certain forms of dispossession from their territories or from the resources on which they depend. Article 5 (d) (v) of the International Convention on the Elimination of All Forms of Racial Discrimination also protects the right of indigenous communities to their lands. And the right of indigenous peoples to the official recognition and registration of their territories has been affirmed under relevant regional human rights instruments. The Inter-American Court of Human Rights and the African Commission on Human and Peoples' Rights consider that indigenous people's traditional possession of their lands has effects equivalent to those of a State-granted full property title: therefore, where members of indigenous peoples have unwillingly lost possession of their lands after a lawful transfer to innocent third parties, they are entitled to the restitution thereof or to obtain other lands of equal extension and quality. The right of indigenous communities to their lands includes the right to the natural resources contained therein. Property, as protected under article 21 of the American Convention on Human Rights, is considered to constitute a collective right of indigenous people, since land ownership is often centred not on the individual, but rather on the group and its community. Thus, States may have to recognize the customary systems of land tenure that protect communal property rights - for example, by giving the community a right to veto the alienation of its land by one of its constituent members, whether an individual or a clan, village or tribe.
- Organismo
- Special Rapporteur on the right to food
- Tipo de documento
- Special Procedures' report
- Temas
- Environment
- Governance & Rule of Law
- Social & Cultural Rights
- Personas afectadas
- Ethnic minorities
- Año
- 2010
Párrafo
Access to land and the right to food 2010, para. 13
- Paragraph text
- International human rights law protects the relationship of indigenous communities with their lands, territories and resources by requiring States to demarcate such land, protect it from encroachment and respect the right of the communities concerned to manage it according to their internal modes of organization. Although sometimes those guarantees seem to be honoured more in the breach than in the observance, case law shows that use rights derived from customary tenure can be recognized and protected by the legal system; it also shows that the right to communal property - a right of the community rather than of the individual - is an alternative to individual property rights. On both counts, it can serve as a source of inspiration, in order to enhance the protection of the rights of other users of natural resources.
- Organismo
- Special Rapporteur on the right to food
- Tipo de documento
- Special Procedures' report
- Temas
- Environment
- Governance & Rule of Law
- Social & Cultural Rights
- Personas afectadas
- Ethnic minorities
- Año
- 2010
Párrafo
Access to land and the right to food 2010, para. 23
- Paragraph text
- As customary forms of tenure are recognized, the relationship between individual and communal rights may vary. For instance, communal land rights may be formalized as an aggregation of individual rights. In Cambodia, although land may be held by indigenous communities as a whole, the 2001 Land Law allows individual community members to leave and receive their share of communal land, subject to the agreement of the entire community. Another approach is to allow local community authorities to administer rights. In Latin American States where indigenous groups have been granted both political rights and land rights, such groups have been able to achieve a degree of autonomy over land management, while gaining tenure security.
- Organismo
- Special Rapporteur on the right to food
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Social & Cultural Rights
- Personas afectadas
- Ethnic minorities
- Año
- 2010
Párrafo
Access to land and the right to food 2010, para. 26
- Paragraph text
- For these groups, the existence of commons is vital. As noted by the Commission on Legal Empowerment of the Poor, in some legal cultures, community-based ownership of natural resources such as grazing lands, forests, water, fisheries and surface minerals is a traditional and effective way to grant control and proprietary rights to persons who have little or no other property. Such systems should be both recognized and fully protected against arbitrary seizure. Indeed, under existing international law, the requirements applicable to indigenous peoples may have to be extended to at least certain traditional communities that entertain a similar relationship with their ancestral lands, centred on the community rather than on the individual. That would encourage the management of common-pool resources at the local level by the communities directly concerned, rather than through top-down prescriptions or privatization of the commons. When such arrangements are institutionalized, the decentralized management of common-pool resources, recognizing their function as collective goods, is recognized as highly effective. Those negotiating the modalities of the use of the commons have the best information about its carrying capacity, and thus about uses that are sustainable, and the users have strong incentives to monitor the use of the commons and to report infractions.
- Organismo
- Special Rapporteur on the right to food
- Tipo de documento
- Special Procedures' report
- Temas
- Environment
- Social & Cultural Rights
- Personas afectadas
- Ethnic minorities
- Año
- 2010
Párrafo
Access to land and the right to food 2010, para. 40c
- Paragraph text
- [In order to respect the right to food, States should:] Respect the needs of special groups. States should implement the specific rights of indigenous peoples by demarcating their lands and territories and by providing them with specific protection. States should also protect access to fishing grounds, grazing grounds and water points for fisherfolk, herders and pastoralists, for whom the protection of commons is vital. The recognition of communal rights should extend beyond indigenous communities, at least to certain communities that entertain a similar relationship with the land, centred on the community rather than on the individual;
- Organismo
- Special Rapporteur on the right to food
- Tipo de documento
- Special Procedures' report
- Temas
- Environment
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Social & Cultural Rights
- Personas afectadas
- Ethnic minorities
- Año
- 2010
Párrafo
Access to land and the right to food 2010, para. 43a (ii)
- Paragraph text
- [The Special Rapporteur also makes the following recommendations to the international community:] Establish adequate governance instruments to operationalize the commitments set out in the Final Declaration of the International Conference on Agrarian Reform and Rural Development. The Voluntary Guidelines on Responsible Governance of Tenure of Land and other Natural Resources could make a significant contribution, provided that they: Provide for the systematic and comprehensive interpretation of existing provisions of international human rights and environmental law that protect the rights of land users in all categories, whether indigenous peoples or other rural groups such as peasants, pastoralists and fisherfolk. The international recognition of the rights of these groups is scattered among various instruments and lacks systematic interpretation. The FAO Committee on World Food Security could also play an important role by: a. Establishing a mechanism for follow-up to the Conference commitments; b. Commissioning an independent review by the Committee's High-level Panel of Experts on Food Security and Nutrition of best practices in agrarian reform;
- Organismo
- Special Rapporteur on the right to food
- Tipo de documento
- Special Procedures' report
- Temas
- Environment
- Food & Nutrition
- Governance & Rule of Law
- Personas afectadas
- Ethnic minorities
- Año
- 2010
Párrafo
Access to rights-based support for persons with disabilities 2017, para. 46
- Paragraph text
- Persons with disabilities belonging to groups that have been historically discriminated against or disadvantaged (such as indigenous peoples, ethnic minorities and persons living with HIV/AIDS) are disproportionately affected in accessing support arrangements and services. This also applies to migrants, persons living in conflict situations, internally displaced persons, refugees, asylum seekers, stateless persons and prisoners with disabilities, as humanitarian responses tend to overlook their support needs. Moreover, there is a strong link between belonging to a racial and cultural minority and experiencing coercion and institutionalization. Policies and programmes to ensure access to support must seek to overcome the impact of the multiple and aggravated forms of discrimination faced by persons with disabilities belonging to these groups in accessing support.
- Organismo
- Special Rapporteur on the rights of persons with disabilities
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Humanitarian
- Personas afectadas
- Ethnic minorities
- Persons on the move
- Persons with disabilities
- Año
- 2017
Párrafo
Access to rights-based support for persons with disabilities 2017, para. 61
- Paragraph text
- In the light of article 19 of the Convention on the Rights of Persons with Disabilities, States must adopt a community-based approach to the provision of support, either directly or through intermediaries. Such an approach enables stakeholders - family, friends, neighbours, peers and others - to play a significant role in supporting persons with disabilities in daily life activities and participating in the community. This allows the provision of culturally sensitive services in the communities where persons with disabilities live, building on existing social networks and community resources. In the case of indigenous peoples, for example, community-based approaches could reduce the risk of assimilation. When services are not made available within the community, there is limited participation by persons with disabilities in their design and provision, and there is an increased risk of segregation and institutionalization. Importantly, by benefiting from local skills and resources, community participation in the provision of support facilitates the optimal and efficient delivery of services, enabling a cost-effective policy response in countries with limited resources.
- Organismo
- Special Rapporteur on the rights of persons with disabilities
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Personas afectadas
- Ethnic minorities
- Persons with disabilities
- Año
- 2017
Párrafo
Achieving durable solutions for internally displaced persons in urban settings 2014, para. 59
- Paragraph text
- In some cases, such as in Colombia, there are hundreds of associations of internally displaced persons, representing various communities of origin, women's groups or indigenous groups, among others. The Government has set up a consultative process with those associations that reaches out to such groups. The Government of Georgia has also engaged in widespread consultations with internally displaced persons (see A/HRC/26/33/Add.1). While not flawless, such processes represent a meaningful effort by Governments to consult internally displaced persons. Consultations can affect the attitude of the Government towards such persons, as was the case in Afghanistan. For example, until 2013, the authorities had not considered internally displaced persons to be permanent citizens of Herat, but, following the consultations, the political elites of the city now acknowledge the permanent settlement of those persons in the city. In a major breakthrough, the Government is now considering upgrading and regularizing the Maslakh settlement. Measures aimed at achieving durable solutions for internally displaced persons can therefore yield positive results when internally displaced persons are treated not as objects, but as active participants in the search for, and implementation of, durable solutions.
- Organismo
- Special Rapporteur on the human rights of internally displaced persons
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Personas afectadas
- Ethnic minorities
- Persons on the move
- Women
- Año
- 2014
Párrafo