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The implementation of the right to social protection through the adoption of social protection floors 2014, para. 37
- Paragraph text
- Second, the means by which economic and social rights are to be realized needs to be highly sensitive to national specificities: just as proponents of the Covenant have recognized that dimension, so too is the Initiative built upon assumptions of national ownership. By the same token, there have been compelling arguments made for the need to pay much more attention in future to local or indigenous mutual support systems and institutions in the area of social protection.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- Ethnic minorities
- Année
- 2014
Paragraphe
The implementation of the right to social protection through the adoption of social protection floors 2014, para. 45
- Paragraph text
- For the past several years, the international community has been heavily focused on, and invested in, the process of drafting development goals for the post-2015 development agenda. On 19 July 2014, the Open Working Group on Sustainable Development Goals released its proposals. For all the immense time and energy expended by proponents of both human rights and the Social Protection Floor Initiative, the results to date are stunningly meagre. Human rights as such have been thoroughly marginalized. There is a token nod in their direction in paragraph 7 of the draft outcome document of the Open Working Group, although rather than underlining their relevance to development, the paragraph merely records the fact that in the outcome document of the United Nations Conference on Sustainable Development, "The future we want", adopted by the General Assembly in resolution 66/288, "the importance of freedom, peace and security, respect for all human rights, including the right to development and the right to an adequate standard of living, including the right to food and water, the rule of law, good governance, gender equality, women's empowerment and the overall commitment to just and democratic societies for development" were reaffirmed, as was the importance of the Universal Declaration of Human Rights. There is only one other reference to human rights in the entire 21-page draft and that appears in the context of a list of issues to which "quality education" should be devoted.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Environment
- Equality & Inclusion
- Personnes concernées
- Women
- Année
- 2014
Paragraphe
Social protection and old age poverty 2010, para. 63
- Paragraph text
- While including wealthier older people in a universal scheme may be a legitimate concern of States in the context of scarce resources, when there is a high level of poverty and low contributory pension coverage, the proportion of non-poor older people covered by the universal pension is likely to be small. Moreover, evidence suggests that attempts to exclude the wealthiest from a social pension may decrease political support, create disincentives to contributing to other pensions systems and even increase the total costs.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Economic Rights
- Poverty
- Social & Cultural Rights
- Personnes concernées
- Older persons
- Année
- 2010
Paragraphe
The right to participation of people living in poverty 2013, para. 30
- Paragraph text
- States therefore have positive obligations under international human rights law to establish specific mechanisms at all the relevant levels to ensure that all persons concerned have the de facto opportunity to take part in the conduct of public affairs and decisions that might affect them (A/63/274, para. 22). This is especially relevant for people living in extreme poverty who might lack the necessary strength, knowledge or education required to make a meaningful contribution to the conduct of public affairs.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Poverty
- Personnes concernées
- All
- Année
- 2013
Paragraphe
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".
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Humanitarian
- Année
- 2016
Paragraphe
Penalization of people living in poverty 2011, para. 50
- Paragraph text
- Support for these measures is not based on strong evidence of their effectiveness and economic efficiency, but rather on discriminatory stigmas and stereotypes, perpetuated by the media, that portray recipients of social benefits as lazy, dishonest and untrustworthy. Requirements and conditions are often underpinned by strong paternalistic attitudes; policymakers believe that they are acting in the best interests of persons living in poverty, who cannot be trusted to make decisions for themselves and their families.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Economic Rights
- Equality & Inclusion
- Poverty
- Social & Cultural Rights
- Personnes concernées
- All
- Families
- Année
- 2011
Paragraphe
Access to justice for people living in poverty 2012, para. 58
- Paragraph text
- Persons living in poverty are more likely than other individuals to be confronted with requests for bribes and to resort to paying bribes. Moreover, bribes represent a greater burden for persons living in poverty, often meaning that they have to sell assets or sacrifice their health or education in order to meet such demands. Evidence shows that women are more likely to be affected by demands for bribes within the justice system and in many cases they are also subject to harassment or abuse by law enforcement officers.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Poverty
- Personnes concernées
- Women
- Année
- 2012
Paragraphe
The right to participation of people living in poverty 2013, para. 36
- Paragraph text
- The following human rights principles should guide all participatory processes, including the design, formulation, implementation, follow-up and evaluation. With each principle are listed guidelines which are intended to demonstrate what specific measures that principle would necessitate in order to achieve a participatory process that is human rights compliant, inclusive of and accessible to people living in poverty. The guidelines listed are not exhaustive, nor will each apply or be appropriate in every circumstance.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Poverty
- Personnes concernées
- N.A.
- Année
- 2013
Paragraphe
The UN responsibility for the cholera outbreak in Haiti 2016, para. 52
- Paragraph text
- Issues of fundamental principle have not, as the preceding analysis demonstrated, been at the heart of the concerns of those supporting the current abdication approach of the United Nations. Instead, a range of practical or instrumentalist concerns have been raised. These concerns are important, especially because they seem to explain the depth of the opposition to a policy which would conform to the ideals and fundamental principles of the United Nations and would accept responsibility and facilitate appropriate action.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2016
Paragraphe
Social protection and old age poverty 2010, para. 50
- Paragraph text
- The Committee explicitly notes that States cannot rely solely on contributory systems for old-age pensions, as all individuals will not always be able to secure sufficient means to maintain an adequate standard of living. States must have a non-contributory pension system in place. Therefore, within the limits of available resources, States must provide non-contributory old-age benefits to assist, at the very least, all older persons who, when reaching the retirement age, are not entitled to an old-age insurance-based pension.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- Older persons
- Année
- 2010
Paragraphe
Penalization of people living in poverty 2011, para. 8
- Paragraph text
- As a consequence of the discrimination and stigma that they suffer, persons living in poverty often develop fear of and even hostility towards public authorities, and have little confidence in the institutions that should assist them. Too often, they are treated with disrespect or condescension by policymakers, civil servants, social workers, law enforcement officials, teachers and health-care providers, who may fail to recognize and support the efforts that persons living in poverty are making to improve their lives.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Poverty
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2011
Paragraphe
Access to justice for people living in poverty 2012, para. 54
- Paragraph text
- The existence of administrative and other fees disproportionately disadvantages women, who often have less financial independence or access to financial resources. Women's access to the judicial system to determine civil claims with respect to divorce, child custody and land inheritance is impeded when excessive fees are imposed. Women living in poverty may also be prevented from filing criminal charges for domestic violence, rape or other forms of gender-based violence because they are unable to afford the fees incurred.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Economic Rights
- Gender
- Poverty
- Violence
- Personnes concernées
- Women
- Année
- 2012
Paragraphe
Unpaid care work and women's human rights 2013, para. 23
- Paragraph text
- While fostering sociocultural change is a medium- to long-term objective, ensuring the equal enjoyment of rights of men and women is an immediate obligation for States. Therefore they must take immediate actions to alleviate the intensity of women's unpaid care work and redistribute their disproportionate share, including through the "provision of the necessary supporting social services to enable parents to combine family obligations with work responsibilities and participation in public life" (article 11 (2) (c)).
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Economic Rights
- Social & Cultural Rights
- Personnes concernées
- Families
- Men
- Women
- Année
- 2013
Paragraphe
Access to justice for people living in poverty 2012, para. 57
- Paragraph text
- In many countries, partly owing to overstretched and underfunded judicial systems, corruption is rife throughout police forces and prosecution corps, and among judicial officials. Illicit payments and favours enable those with financial and social capital to access the justice system with greater efficiency and effectiveness, and even to secure a certain outcome. In contrast, persons living in poverty, who cannot afford to pay bribes for services that should be free, have their claims and cases delayed, denied or discontinued.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Poverty
- Personnes concernées
- All
- Année
- 2012
Paragraphe
Marginality of economic and social rights 2016, para. 14
- Paragraph text
- It is not just the world's poorest citizens who are at risk. The capitalist system, which has become the dominant global economic system, is "a tremendously powerful system … in terms of sheer productivity, innovation and dynamism", but it is ultimately unsustainable unless the excesses and predations that are built into the way it functions are tempered by systems that ensure the basic welfare of the many who would otherwise be victims of the "uncertainty, instability and anti-social effects generated by capitalist processes".
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2016
Paragraphe
The implementation of the right to social protection through the adoption of social protection floors 2014, para. 16
- Paragraph text
- Important initiatives include Bolsa Familia and Brasil Sem Miséria in Brazil, Oportunidades in Mexico, Asignación Universal por Hijo para protección social in Argentina, a social transfer scheme in Zambia, the National Rural Employment Guarantee Scheme in India, the Productive Safety Nets programme in Ethiopia, a universal pension scheme in Namibia and the provision of universal access to basic health services in Thailand. The programme in Brazil has grown from covering 3.6 million families in 2003 to 13.8 million in 2012, while a solidarity-based pension system in Chile went from 560,000 beneficiaries in 2008 to 1.1 million in 2012. In China, the Di bao reforms aim to create social insurance and assistance programmes to protect the entire population against economic insecurity and physical infirmity. Overall, there has, as the World Bank observes, been "an exponential growth in social safety nets, especially cash-based programs".
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Economic Rights
- Governance & Rule of Law
- Health
- Personnes concernées
- Families
- Année
- 2014
Paragraphe
The implementation of the right to social protection through the adoption of social protection floors 2014, para. 13
- Paragraph text
- The emergence of the Social Protection Floor Initiative at the international level has been well documented. In telegraphic form, most analyses begin with the harsh adjustment policies associated with the "Washington Consensus" of the 1980s, the reaction to those policies by the United Nations Children's Fund (UNICEF) and other actors, the World Summit for Social Development in 1995, the poverty reduction strategies championed by the World Bank and the International Monetary Fund (IMF), starting in the late 1990s, and the focus on poverty in the Millennium Development Goals. Social security then began to re-emerge as a priority concern, thanks in large part to the engagement of ILO. It launched a global campaign on social security in 2003, followed by the World Commission on the Social Dimension of Globalization in 2004, along with a series of other steps endorsed by the International Labour Conference.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Economic Rights
- Governance & Rule of Law
- Poverty
- Social & Cultural Rights
- Personnes concernées
- N.A.
- Année
- 2014
Paragraphe
The implementation of the right to social protection through the adoption of social protection floors 2014, para. 23c
- Paragraph text
- [At the international level, definitional issues continue to be controversial, especially in terms of whether social protection floors should be seen as a matter of human rights and whether they should be universal and unconditional. Before examining those dimensions, it is appropriate to take note of the approach reflected in ILO recommendation No. 202. As the culmination of many initiatives, both within and well beyond the ILO context, it has become the principal benchmark against which social protection floors should be designed, implemented and evaluated. The main elements of recommendation No. 202 are as follows:] Protection is to be universal, rather than selective and is to be aimed at "preventing or alleviating poverty, vulnerability and social exclusion";
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Poverty
- Social & Cultural Rights
- Personnes concernées
- N.A.
- Année
- 2014
Paragraphe
The implementation of the right to social protection through the adoption of social protection floors 2014, para. 24
- Paragraph text
- The health-care guarantees of social protection floors have been greatly reinforced by a separate but closely linked initiative emerging from WHO to promote universal health coverage. That concept has been defined in a way that makes it directly compatible with and complementary to the Social Protection Floor Initiative and was endorsed by the General Assembly in resolution 67/81. In elaborating on this concept, the World Health Assembly has consistently made reference to the right to health, underlined the centrality of universal health care in the post-2015 agenda and emphasized the "the importance of accountability through regular assessment of progress".
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Personnes concernées
- All
- Année
- 2014
Paragraphe
The implementation of the right to social protection through the adoption of social protection floors 2014, para. 53
- Paragraph text
- International civil society groups should mobilize effectively and in coalition with groups in other sectors to advocate and promote the Social Protection Floor Initiative. While the Center for Economic and Social Rights joined with a range of other groups, including Amnesty International, to call for a commitment to social protection floors in the sustainable development goals, the great majority of international human rights groups have said little and done less on the issue. It is essential to acknowledge that extreme poverty, which continues to afflict hundreds of millions of people, is a negation of all human rights. International civil society groups in the human rights field fight valiantly to eliminate torture, to reduce and expose extrajudicial executions, to reduce violence against women, to outlaw discrimination and the oppression of minorities and so on, but if the elimination of extreme poverty is not a central part of the collective human rights vision, it is a highly selective battle that is being fought.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Poverty
- Personnes concernées
- Ethnic minorities
- Women
- Année
- 2014
Paragraphe
The implementation of the right to social protection through the adoption of social protection floors 2014, para. 58
- Paragraph text
- The role of the World Bank in relation to the Social Protection Floor Initiative is crucial. Based on policies pursued to date, it is the single actor most likely to undermine and frustrate the overall Initiative. Unless there is a change of heart on its part, the development community will continue to be pushed to focus on ill-defined social safety nets aimed at a limited number of the extreme poor and as a matter of bureaucratically defined and designed welfare policy, rather than as a matter of human rights. It is therefore indispensable that the human rights community should shine a spotlight on the policies and practices of the Bank in this area and the Human Rights Council should call upon it to embrace the Initiative in all its dimensions.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Poverty
- Social & Cultural Rights
- Personnes concernées
- N.A.
- Année
- 2014
Paragraphe
The implementation of the right to social protection through the adoption of social protection floors 2014, para. 23d
- Paragraph text
- [At the international level, definitional issues continue to be controversial, especially in terms of whether social protection floors should be seen as a matter of human rights and whether they should be universal and unconditional. Before examining those dimensions, it is appropriate to take note of the approach reflected in ILO recommendation No. 202. As the culmination of many initiatives, both within and well beyond the ILO context, it has become the principal benchmark against which social protection floors should be designed, implemented and evaluated. The main elements of recommendation No. 202 are as follows:] Social protection floors should include at least basic social security guarantees for health care and also for income security for children, older persons and those unable to work, in particular in cases of sickness, unemployment, maternity, and disability;
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Social & Cultural Rights
- Personnes concernées
- Children
- Older persons
- Année
- 2014
Paragraphe
The implementation of the right to social protection through the adoption of social protection floors 2014, para. 23f
- Paragraph text
- [At the international level, definitional issues continue to be controversial, especially in terms of whether social protection floors should be seen as a matter of human rights and whether they should be universal and unconditional. Before examining those dimensions, it is appropriate to take note of the approach reflected in ILO recommendation No. 202. As the culmination of many initiatives, both within and well beyond the ILO context, it has become the principal benchmark against which social protection floors should be designed, implemented and evaluated. The main elements of recommendation No. 202 are as follows:] Implementation should be monitored regularly and periodically evaluated;
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- N.A.
- Année
- 2014
Paragraphe
Taxation and human rightss 2014, para. 51
- Paragraph text
- Historically, the formation of accountable and effective States has been closely tied to the emergence of taxation systems. Fiscal policies can spur State-building and foster citizenship, affect the level and quality of people's participation in public affairs and strengthen the accountability and capacity of the State. Conversely, tax abuse and unfair tax practices erode confidence in government, while States that do not have to rely on tax contributions (but rather on, for example, revenues from natural resources) tend to exhibit lower levels of accountability and participation in public affairs.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2014
Paragraphe
The importance of social protection measures in achieving Millennium Development Goals (MDGs) 2010, para. 84
- Paragraph text
- Programmes must be designed to mitigate gender-based power relations and address unequal decision-making powers and roles within both the household and the community. States should, for example, ensure the effective participation of women by establishing sex quotas in the governance structures of programmes. Programmes should take every opportunity to promote gender equality and mobilize women to organize themselves. For example, programme administrators should explore ways in which to make the best possible use of their regular interaction with communities to address prevailing gender inequalities, including identifying women's obstacles and addressing gender-based violence and early marriage. Where community meetings exist, they can be used to address women's time constraints and to mobilize women's groups.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Gender
- Personnes concernées
- Women
- Année
- 2010
Paragraphe
The importance of social protection measures in achieving Millennium Development Goals (MDGs) 2010, para. 28
- Paragraph text
- However, the independent expert stresses the need to be cautious in evaluating progress towards the achievement of Millennium Development Goal 2 (achieve universal primary education) through targets based solely on enrolment numbers. Whether the detected positive effects on school enrolment translate into substantive gains in education is a question still open for debate. While school enrolment and attendance are necessary, the establishment of additional policies to ensure the availability and adequacy of schools, the high quality of education and the transition from school to the labour market is also essential.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Education
- Personnes concernées
- All
- N.A.
- Année
- 2010
Paragraphe
Social protection and old age poverty 2010, para. 83
- Paragraph text
- Wide and informed public participation in the development and implementation of social policies is an essential feature of policies grounded in human rights standards. Participation of the intended beneficiaries is not simply desirable in terms of ownership and sustainability, but is also part of their right to take part in public life which is a core component of human rights instruments. Owing to the asymmetry of power between the beneficiaries and the authorities that administer the programme, beneficiaries are often unable to realize their rights. Promoting meaningful public participation must thus be an essential feature of the design, implementation and evaluation of social pensions. Special attention must also be devoted to ensuring the effective participation of older women and other groups that may be marginalized.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- Older persons
- Women
- Année
- 2010
Paragraphe
Social protection and old age poverty 2010, para. 94
- Paragraph text
- In such circumstances, receiving a social pension can increase access to health care, especially in the long run as it represents a stable and predictable source of income. However, social pensions can only positively affect older persons' enjoyment of the right to health if adequate health-care services are in place. Research shows, however, that public health policies often prioritize younger women and children and lack consideration of the specific needs of older people. Thus, health services are not geared towards fulfilling these needs and there can be significant gaps in the provision of services. This is particularly true about long-term care, for which resources and capacities are limited everywhere.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Health
- Personnes concernées
- Children
- Older persons
- Women
- Année
- 2010
Paragraphe
The importance of social protection measures in achieving Millennium Development Goals (MDGs) 2010, para. 100
- Paragraph text
- The review process is also an important opportunity to strengthen the international environment supporting gender equality in a broad sense and women's own voice and agency. Improvements in gender equality achieved through social protection and other, more comprehensive measures are strongly linked to the eradication of extreme poverty and hunger (Millennium Development Goal 1). Calls for the achievement of Millennium Development Goals must be complemented by a renewed commitment to the existing gender-related framework within human rights law, such as the Convention on the Elimination of all Forms of Discrimination against Women. Over the next five years, in order to ensure compliance with the Goals as well as with the commitments after 2015, gender-specific issues should be made much more visible.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Gender
- Personnes concernées
- Women
- Année
- 2010
Paragraphe
Social protection and old age poverty 2010, para. 19
- Paragraph text
- Older women are disproportionately disadvantaged: they are marginalized due to their age and tend to be poorer than men. Because of gendered discrimination patterns throughout their life, women are often in a situation where they have accumulated lesser wealth than men. Cultural practices of early marriage and women's longer life expectancy than men worldwide lead to a situation where women are more likely to be widows than men, and being widowed puts older women at higher risk of being poor. In many countries, women have limited access to land and other assets. For example, in India, 60 per cent of older women (compared to 30 per cent of older men) have no valuable assets in their name and research indicates that few female widows can count on family or community support. In urban China, poverty rates are three to four times higher among older women than among older men.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Poverty
- Personnes concernées
- Older persons
- Women
- Année
- 2010
Paragraphe
Social protection and old age poverty 2010, para. 13
- Paragraph text
- Assessing poverty among older people is a complex exercise, and several factors cause household surveys to underestimate poverty among older persons. For example, there is a lack of understanding of the dynamics of dependency upon different family members. Disaggregated data on this issue is lacking, which leads to a lack of understanding of how income is distributed within a household and of the specific situation of older persons within that household. Measures of old-age poverty that rely on household income ignore the fact that in many multigenerational households resources are allocated disproportionately towards children and those of working age.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Poverty
- Personnes concernées
- Children
- Older persons
- Année
- 2010
Paragraphe
Social protection and old age poverty 2010, para. 28
- Paragraph text
- Social protection can be divided in two main segments: social insurance and social assistance. Social insurance refers to all contributory insurance schemes providing pre-specified support for affiliated members in the event of contingencies such as injury, sickness, disability and old age. Social assistance encompasses all initiatives providing both cash and in-kind assistance to those living in poverty; these are often financed by general taxation revenues or external aid. Social pensions consist of cash benefits received by persons above a given age without the requirement of compulsory contributions; they are essential components of social assistance. Contributory and non-contributory schemes should be regarded as complementary and mutually reinforcing aspects of social protection.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Economic Rights
- Equality & Inclusion
- Poverty
- Social & Cultural Rights
- Personnes concernées
- Older persons
- Année
- 2010
Paragraphe
Social protection and old age poverty 2010, para. 87
- Paragraph text
- The financial affordability and sustainability of expanding social pension programmes have immediate implications on the determination of benefit levels. While States should bear in mind the need to expand the coverage of existing schemes, ensuring that the levels of pensions remain adequate for beneficiaries is also a major concern. In this context, the benefits must be high enough to enable older people to enjoy an adequate standard of living and afford the goods and services they require to realize at least the minimum core content of their economic, social and cultural rights. While the cost of schemes can be reduced by increasing the age of eligibility or decreasing the size of the benefit, a balance should be struck between reaching all those in need and providing a benefit that would allow older people a minimum subsistence level.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Personnes concernées
- Older persons
- Année
- 2010
Paragraphe
Social protection and old age poverty 2010, para. 73
- Paragraph text
- States must remove administrative barriers that prevent older people from accessing social pensions, such as requiring identification documents for registration when such documents are costly or may not exist in countries where many people are not registered at birth. Administrative requirements often affect women disproportionately as they are less likely to have identity cards and have been registered at birth. There are alternative ways to assess and record ages based on local knowledge and personal references. Furthermore, the establishment of social pensions can be used as an opportunity to improve data collection and registration.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Civil & Political Rights
- Equality & Inclusion
- Personnes concernées
- Older persons
- Women
- Année
- 2010
Paragraphe
The importance of social protection measures in achieving Millennium Development Goals (MDGs) 2010, para. 96
- Paragraph text
- Donor States must ensure coordination, predictability and a long-term perspective in the provision of assistance. Ensuring sustainability requires the strengthening of the recipient State's capability to eventually implement the programme unassisted. This includes a broad range of measures that can be supported by donor States, such as providing technical support to local and national authorities, building civil society's capacity to monitor the social protection system and hold the Government accountable, and assisting in strengthening the capacity to mobilize domestic resources (such as through more effective tax systems).
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2010
Paragraphe
Social protection and old age poverty 2010, para. 64
- Paragraph text
- If there are strong objections to including wealthy older people in social pensions, there are ways to reduce the benefits to the wealthier beneficiaries. One way is pension-testing that excludes those with other pensions and, if well-designed, should taper the size of the non-contributory pension benefit in line with the income received from contributory pensions. This reduces the disincentive for people to save for retirement. In developing countries where there are inefficient progressive income tax structures, older people on higher incomes can often be dissuaded from collecting the universal pension where the benefit is a relatively small amount. Whatever method is used to identify eligible beneficiaries, it is crucial to have an age eligibility criteria adapted to the specific characteristics of the country.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Personnes concernées
- Older persons
- Année
- 2010
Paragraphe
Social protection and old age poverty 2010, para. 74
- Paragraph text
- Ensuring that benefits are distributed within safe physical reach and at a reasonably convenient geographic location is part of ensuring accessibility. Limited physical strength and mobility can be a major obstacle for older persons, thus particular attention should be paid to older persons' opportunities cost in terms of transport, loss of labour or caretaker time. While electronic methods of payment (e.g. debit cards, smart cards and mobile phones) can improve cost efficiency and provide flexibility of access, issues relating to older persons' lack of familiarity with these mechanisms must be taken into account.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Economic Rights
- Equality & Inclusion
- Movement
- Personnes concernées
- Older persons
- Année
- 2010
Paragraphe
Social protection and old age poverty 2010, para. 85
- Paragraph text
- In many societies, younger generations are prioritized and social protection schemes might also reflect this focus unless specific attention is given to older persons' concerns when defining collective priorities.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Social & Cultural Rights
- Personnes concernées
- Older persons
- Youth
- Année
- 2010
Paragraphe
The importance of social protection measures in achieving Millennium Development Goals (MDGs) 2010, para. 91
- Paragraph text
- A human rights framework also demands accountability and redress mechanisms. Policymakers and others whose decisions and actions have a negative impact on the right to social security or the right to an adequate standard of living must be held accountable. Independent and effective judicial and quasi-judicial (such as human rights commissions and ombudspersons) mechanisms must be put in place to monitor the formulation and implementation of social policies. As has already been emphasized, in order to ensure that the more disadvantaged and disempowered can gain access to accountability mechanisms, such mechanisms must meet certain technical requirements, such as guaranteeing confidentiality, allowing for individual and collective complaints, being sufficiently resourced, being independent from political interference, and being culturally appropriate and gender-sensitive.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2010
Paragraphe
Penalization of people living in poverty 2011, para. 16
- Paragraph text
- A discriminatory intent is not a necessary element of discrimination. Therefore, any measure with the purpose or effect of nullifying or impairing the equal enjoyment of human rights constitutes a violation of States' human rights obligations.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Personnes concernées
- All
- Année
- 2011
Paragraphe
Penalization of people living in poverty 2011, para. 10
- Paragraph text
- In every country, developed or developing, historical social divisions and power structures ensure that the poorest and most excluded are at a constant disadvantage in their relations with State authorities. Asymmetries of power mean that persons living in poverty are unable to claim rights or protest their violation. They may face obstacles in communicating with authorities owing to illiteracy, lack of information or language barriers, a situation which is particularly acute for migrants, indigenous peoples, ethnic minorities and persons with disabilities. As a result, they are less likely to know and understand their rights and entitlements or to report infringements and abuses.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Poverty
- Personnes concernées
- Ethnic minorities
- Persons on the move
- Année
- 2011
Paragraphe
Social protection and old age poverty 2010, para. 20
- Paragraph text
- Most older women are excluded from formal social security and health insurance schemes as these are linked to paid, formal-sector employment. In developing countries, the great majority of women work all their lives in the informal sector or unpaid activities. In developed countries too, older women are more likely than men to be poor at old age. On average, in European Union countries, older women have a poverty risk rate of about 22 per cent as compared to 16 per cent for older men. They are less likely to receive a large contributory pension since they are more likely to have stopped work at some point over their lifetime to take on the burden of child rearing and are also more likely to have received lesser wages for their work than men.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Health
- Poverty
- Personnes concernées
- Older persons
- Women
- Année
- 2010
Paragraphe
Penalization of people living in poverty 2011, para. 5
- Paragraph text
- States have long recognized that poverty is a complex human condition characterized by sustained or chronic deprivation of the resources, capabilities, choices, security and power necessary for the enjoyment of an adequate standard of living and other economic, civil, cultural, political and social rights. Poverty is not an autonomous choice, but rather a multifaceted situation from which it may be difficult, if not impossible, to escape without assistance. Persons living in poverty are not to blame for their situation; accordingly, States must not punish or penalize them for it. Rather, States must adopt wide-reaching measures and policies designed to eliminate the conditions that cause, exacerbate or perpetuate poverty, and ensure the realization of all economic, social, cultural, civil and political rights of those living in poverty.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Poverty
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2011
Paragraphe
Penalization of people living in poverty 2011, para. 14
- Paragraph text
- Non-discrimination and equality are core elements of the international human rights normative framework. These principles require that those in equal circumstances be treated equally in law and practice. Under human rights law, not every distinction or difference in treatment will amount to discrimination. A distinction is compatible with the principle of equality when it has an objective and reasonable justification; it must pursue a legitimate aim, and there must be a reasonable relationship of proportionality between the means employed and the aim sought. Thus, differential treatment (distinction, exclusion, restriction or preference) of persons living in poverty must comply with the criteria mentioned above in order to be justified under human rights law.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Poverty
- Personnes concernées
- All
- N.A.
- Année
- 2011
Paragraphe
Penalization of people living in poverty 2011, para. 25
- Paragraph text
- A human rights approach to poverty eradication dictates an active, free, informed and meaningful participation of persons living in poverty at all stages of the design, implementation and monitoring of policies affecting them. Genuine participation should not only be understood as an affirmation of the right of every individual and group to take part in the conduct of public affairs, but also as an instrumental part of the solution to poverty and social exclusion. The empowerment of persons living in poverty through participation is also a means to promote social inclusion and to ensure that public policies are designed to meet the particular needs of the poorest segments of society.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Poverty
- Personnes concernées
- All
- Année
- 2011
Paragraphe
Penalization of people living in poverty 2011, para. 34
- Paragraph text
- While these regulations are not explicitly addressed towards persons living in poverty, they affect them disproportionately. Owing to their lack of or limited access to housing, persons living in poverty rely more heavily on public spaces for their daily activities. Thus, individuals who have no choice but to live on the street find that daily life-sustaining activities can put them in danger of criminal sanctions. Although these types of measures are ostensibly neutral, studies show that authorities target those living in poverty, particularly homeless persons. This disproportionate application clearly violates the obligation to ensure equality and non-discrimination in the implementation of all laws and policies.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Poverty
- Personnes concernées
- All
- Année
- 2011
Paragraphe
Social protection and old age poverty 2010, para. 106
- Paragraph text
- Non-contributory pensions are the only means by which universal pension coverage can be achieved and gender imbalances redressed. However, social pensions must not be regarded as the sole response to old-age poverty. To be effective in the promotion of an adequate standard of living, social pensions can only be one component of a comprehensive social protection strategy that addresses the impact of extreme poverty throughout one person's life cycle and includes measures to ensure older persons access to adequate social services, in particular access to health care.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Health
- Poverty
- Social & Cultural Rights
- Personnes concernées
- Older persons
- Année
- 2010
Paragraphe
Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 13
- Paragraph text
- States must devote the maximum available resources to ensure the progressive realization of all economic, social and cultural rights as expeditiously and effectively as possible. In its general comment No. 3, the Committee on Economic, Social and Cultural Rights stated that this is so even during times of severe resources constraints, whether caused by a process of adjustment, economic recession, or by other factors. This obligation imposes limitations on a State's freedom to allocate available resources. The resources "available" are not only the resources within a State, but also those available from the international community through "international assistance and cooperation". States that do not possess the necessary resources are obliged to "actively seek assistance" to ensure, at the very least, minimum essential levels of enjoyment of human rights.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2011
Paragraphe
Penalization of people living in poverty 2011, para. 68
- Paragraph text
- The economic and social costs of detention and incarceration can be devastating for persons living in poverty. Detention not only means a temporary loss of income, but also often leads to the loss of employment, particularly where individuals are employed in the informal sector. The imposition of a criminal record creates an additional obstacle to finding employment. Detention and incarceration, even for minor non-violent offences, will often result in the temporary or permanent withdrawal of social benefits or the denial of access to social housing, for both the detainee and his or her family.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Poverty
- Personnes concernées
- Persons on the move
- Année
- 2011
Paragraphe
Penalization of people living in poverty 2011, para. 79
- Paragraph text
- Public services and social benefits play an integral role in the lives of persons living in poverty, offering important support and assistance, particularly during times of economic and social hardship. While often these benefits are not sufficient to cover the needs of the beneficiaries and their families, they do provide an important form of support to which they are entitled, and without which they would not survive. States must refrain from imposing requirements and conditionalities that stigmatize, stereotype and penalize beneficiaries. Such measures only undermine the essential support that social benefits provide and create further obstacles for persons living in poverty.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Poverty
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2011
Paragraphe
Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 55
- Paragraph text
- While commodity prices continue to escalate and another food crisis is imminent, from a human rights perspective it is imperative that food subsidy schemes remain intact or be replaced with alternatives policies that ensure food security for those living in poverty. Universal access to food subsidy programmes is the most effective means of reaching the poorest sections of society, but where resources are scarce, targeting may be necessary. If States decide to implement targeted schemes, they should do so within a long-term strategy of progressively ensuring universal protection and in compliance with a human rights framework.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Food & Nutrition
- Governance & Rule of Law
- Poverty
- Personnes concernées
- N.A.
- Année
- 2011
Paragraphe
Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 70
- Paragraph text
- A key priority for many States in responding to the crises is the reduction of unemployment, which has increased dramatically over the past few years, especially among the poorest and most vulnerable groups. Employment creation is a vital means of providing income security, generating economic growth, restoring social cohesion, preventing social and political instability and enabling individuals to achieve a number of economic, social and cultural rights, including the right to work, which is essential for realizing other human rights and forms an inseparable and inherent part of human dignity.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Poverty
- Personnes concernées
- All
- Année
- 2011
Paragraphe
Penalization of people living in poverty 2011, para. 36
- Paragraph text
- These laws are being implemented in a context in which the economic and financial crises have resulted in an unprecedented increase in foreclosures and evictions, forcing a growing number of families to live on the streets. Instead of using public funds to assist these families, States are instead carrying out costly operations to penalize them for their behaviour. Where there is insufficient public infrastructure and services to provide families with alternative places to perform such behaviours, persons living in poverty and homelessness are left with no viable place to sleep, sit, eat or drink. These measures can thus have serious adverse physical and psychological effects on persons living in poverty, undermining their right to an adequate standard of physical and mental health and even amounting to cruel, inhuman or degrading treatment.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Poverty
- Personnes concernées
- Families
- Année
- 2011
Paragraphe
Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 50
- Paragraph text
- While raising tax revenue can be an essential part of an effective policy response to the effects of the crises, States should, however, be cognizant of their obligations to implement policies in accordance with the principles of non-discrimination and equality. In this context, the introduction of or an increase in regressive sales taxes or value added taxes may have a disproportionate impact on those who are already experiencing financial difficulties. Regressive taxes may represent an unequal added burden for those living in poverty or experiencing economic hardship, as they constitute a larger percentage of income. The real income of women living in poverty is particularly affected by the introduction of regressive taxes, especially when the introduction of taxes is carried out in conjunction with reductions to expenditure on public services. States must be vigilant in balancing the need to increase taxation revenue with their responsibilities to protect the most vulnerable and prevent further inequality.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Economic Rights
- Governance & Rule of Law
- Poverty
- Personnes concernées
- Women
- Année
- 2011
Paragraphe
Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 49
- Paragraph text
- States have an unambiguous responsibility to take steps towards the full achievement of economic, social and cultural rights by using the maximum amount of resources available. In the aftermath of the global economic and financial crises, it has become clear that, in many States, efforts to increase resources for recovery through the whole spectrum of available options have been insufficient, thus impeding States' compliance with human rights. Low levels of domestic taxation revenue, in particular, could be a major obstacle to a State's ability to meet obligations to realize economic, social and cultural rights.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Economic Rights
- Governance & Rule of Law
- Humanitarian
- Personnes concernées
- N.A.
- Année
- 2011
Paragraphe
Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 56
- Paragraph text
- The challenge of recovering from successive crises presents a unique opportunity for States to formulate a transformative vision for the future aimed at the full realization of human rights. In putting human rights at the centre of their response to the crises, States ensure a recovery premised upon equality, inclusiveness and a genuine sense of social cohesion. The human rights framework orients the discussion about recovery away from deficit reduction and towards the reduction of deprivation and the eradication of obstacles to the realization of rights. Human rights do not set standards for growth or economic productivity; rather, they set standards for the quality of living that individuals are able to achieve and the calibre of services that they receive.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2011
Paragraphe
Unpaid care work and women's human rights 2013, para. 21
- Paragraph text
- The Convention obliges States parties to take all appropriate measures to modify or abolish laws, regulations, customs and practices that discriminate against women (article 2 (f)). This includes the obligation to modify "the social and cultural patterns of conduct of men and women, with a view to achieving the elimination of prejudices and customary and all other practices which are based on the idea of the inferiority or the superiority of either of the sexes or on stereotyped roles for men and women" (article 5). The gendered division of unpaid care work, fostered by stereotypes which delineate men as breadwinners and women as carers/nurturers, is clearly one such practice.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Social & Cultural Rights
- Personnes concernées
- Men
- Women
- Année
- 2013
Paragraphe
Access to justice for people living in poverty 2012, para. 35
- Paragraph text
- Persons living in poverty face obstacles in each of the steps that they must take to seek redress through the formal justice system.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Poverty
- Personnes concernées
- All
- Année
- 2012
Paragraphe
Access to justice for people living in poverty 2012, para. 27
- Paragraph text
- Simply making information available is not sufficient. The burdens involved in accessing information, such as travel costs, fees, long waiting periods, and interaction with State officials, can act as disincentives for the poorest. States often do not take into account the difficulties, such as financial, geographical, technological or linguistic barriers, that the poor face in accessing information. For example, in many States, information about new statutes is disseminated in a very limited way, or access to copies of enacted laws is conditional upon the payment of a fee. Information may only be available in written format, thus creating obstacles for those with low levels of literacy and persons with disabilities, or may only be published online or in commercial newspapers, or only in one official language.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Movement
- Poverty
- Personnes concernées
- Persons with disabilities
- Année
- 2012
Paragraphe
Access to justice for people living in poverty 2012, para. 33
- Paragraph text
- The right to be recognized as a person before the law is a fundamental human right (International Covenant on Civil and Political Rights, art. 16, and Convention on the Rights of the Child, art. 7), and is at the core of the right to access justice. Many persons living in poverty are de facto deprived of accessing courts and other public services as they lack legal identity. With more than 50 million births going unregistered every year, the lack of formal registration is a considerable barrier to legal recognition before the law, which has a disproportionate impact on the poorest and most marginalized. Without recognition, individuals are unable to access social services or to access courts to seek remedies for violations of their human rights.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Poverty
- Social & Cultural Rights
- Personnes concernées
- All
- Children
- Année
- 2012
Paragraphe
Access to justice for people living in poverty 2012, para. 31
- Paragraph text
- Often, there is no mechanism in place to review social policies or administrative decisions that have a major impact on the enjoyment of their rights by persons living in poverty. The lack of remedies for the negative impacts of social policy in the areas of health, housing, education and social security, or for administrative decisions relating to welfare benefits or asylum proceedings, often results in inability to seek redress in cases of violations of key human rights, such as the right to equality and non-discrimination and the right to social security. This is a major obstacle to accessing justice for persons living in poverty, who are disproportionately affected by those policies.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Poverty
- Social & Cultural Rights
- Personnes concernées
- Persons on the move
- Année
- 2012
Paragraphe
Unpaid care work and women's human rights 2013, para. 20
- Paragraph text
- Human rights standards are concerned with the pursuit of substantive equality, rather than just formal equality. This is explicit in the approach of the Convention on the Elimination of All Forms of Discrimination against Women, which recognizes that achieving equality requires transforming unequal power relations between women and men and ensuring that all human beings can develop and make choices without the limitations set by stereotypes, rigid gender roles and prejudices. The Convention emphasizes that a gender-neutral policy may result in de facto discrimination against women, and that, to ensure that women enjoy the same rights as men and reach substantive equality, they may need to be treated differently.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Gender
- Personnes concernées
- Men
- Women
- Année
- 2013
Paragraphe
Unpaid care work and women's human rights 2013, para. 29
- Paragraph text
- Undoubtedly, women cannot enjoy this right equally if they have a disproportionate share of (unpaid) work at home. Gendered distribution of, and stereotypical assumptions about, family and caring responsibilities are at the root of much of the discrimination and limitations women experience in the labour market: barriers to entering employment, fewer opportunities for advancement, lower wages and higher levels of informal and insecure work. Moreover, women's right to decent work is consistently perceived as inferior to that of men. Simultaneously, discrimination against men who seek to perform a greater share of caring and family responsibilities further entrenches gender stereotypes and disadvantages women.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Personnes concernées
- Families
- Men
- Women
- Année
- 2013
Paragraphe
Unpaid care work and women's human rights 2013, para. 85
- Paragraph text
- Fiscal and macroeconomic policies are no exception. In order to better uphold the human rights of women caregivers living in poverty, States should, inter alia, design tax systems to proactively promote an equal sharing of both paid and unpaid work between women and men, and implement food and fuel price stabilization policies. Especially given the effects of unpaid care on productivity and the labour force, States should analyse and design macroeconomic policy taking into account unpaid care. Expenditure cuts must not be made in ways that add to the amount of unpaid work that women have to do in families and communities. Similarly, employment creation programmes must not ignore the reality of unpaid care work, as the long-term effects of precarious work, and care deficits to children, ill or elderly persons may far outweigh the short-term gains in income for individuals or countries.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Poverty
- Personnes concernées
- Children
- Men
- Women
- Année
- 2013
Paragraphe
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.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Movement
- Poverty
- Social & Cultural Rights
- Personnes concernées
- Ethnic minorities
- Persons on the move
- Année
- 2012
Paragraphe
Access to justice for people living in poverty 2012, para. 77
- Paragraph text
- Despite States' obligation to ensure that individuals facing a criminal charge have access to a free interpreter (International Covenant on Civil and Political Rights, art. 14.3 (f)), often this service is limited, unavailable or reserved for those who speak a foreign language, rather than a minority language or local dialect, and is rarely provided in civil cases. The issue of language disproportionately disadvantages women, who are not only less likely to speak the predominant language and require an interpreter, but who are also vulnerable to abuse or exploitation by interpreters, whose cultural prejudices may inform their translation.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Civil & Political Rights
- Equality & Inclusion
- Movement
- Personnes concernées
- Women
- Année
- 2012
Paragraphe
Access to justice for people living in poverty 2012, para. 85
- Paragraph text
- Considering that the formal justice system is often remote or difficult to access for persons living in poverty, their grievances are often resolved outside the formal justice system through alternative dispute resolution systems, including those based on traditional, customary or religious law. Indeed, research shows that people living in poorer communities are more likely to resort to informal justice systems; in some countries more than half of all legal disputes are resolved in this manner. For persons living in poverty, resolving disputes through a means other than the formal system is not necessarily due to preference but rather to the lack of choice available to them because of the inaccessibility of the State legal order, or to social or economic compulsion.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Poverty
- Personnes concernées
- All
- Année
- 2012
Paragraphe
The right to participation of people living in poverty 2013, para. 47
- Paragraph text
- Every community or demographic has its own power dynamics; therefore, even participatory mechanisms targeted at people living in poverty are vulnerable to "elite capture" by more powerful individuals within a community. Processes that do not actively reach out to new and marginalized groups will reinforce the status quo and undermine the principle of equality. Therefore, to prevent dominant groups from co-opting participatory processes, officials must be trained to detect and understand how power is exercised to control and exclude disadvantaged groups. They should diagnose and counteract power relations and ensure that their own actions do not reproduce or legitimize these power dynamics.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Poverty
- Personnes concernées
- All
- Année
- 2013
Paragraphe
The right to participation of people living in poverty 2013, para. 74
- Paragraph text
- A foundation of an educated and informed public who knows their rights is crucial to build effective participation. In particular, people living in poverty must be empowered so as to make their participation effective. Therefore, it is critical to strengthen the capacity of people living in poverty to engage in participatory processes, by promoting their critical thinking and ability to analyse and confront structures of oppression and power relations. They should be empowered to identify the root causes of their marginalization and to take action (individually or collectively) to make claims and realize their rights. This requires, inter alia, human rights education and other capacity-building activities, which should be built into each participatory process and begun before the process starts. This may include public speaking training, human rights education, workshops and information provision.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Poverty
- Personnes concernées
- All
- Année
- 2013
Paragraphe
Taxation and human rightss 2014, para. 70
- Paragraph text
- Natural resources can be a vital source of revenue that the State can use to comply with its human rights obligations. The financial and social benefits of natural resource exploitation are, however, increasingly bypassing people in producing countries. In most countries, extractive industries generate few jobs directly and have only weak links to local markets. Far from bringing benefits, the exploitation of natural resources has been frequently linked to human rights abuse and encroachment on lands and livelihoods of communities, mass evictions, pollution and environmental degradation, which may result in violations of rights to health, food, housing and water. The right of people to participate in decisions regarding natural resources is often violated, especially where the land, territory and resources of indigenous peoples is concerned.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Civil & Political Rights
- Economic Rights
- Environment
- Personnes concernées
- All
- Année
- 2014
Paragraphe
Taxation and human rightss 2014, para. 54
- Paragraph text
- In order to realize the potential of taxation to fulfil the above-described functions to the greatest possible extent, there are several actions that States should take. These measures are examined from the human rights perspective below.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Economic Rights
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2014
Paragraphe
Taxation and human rightss 2014, para. 62
- Paragraph text
- The actions of States to facilitate and/or actively promote tax abuse and other illicit financial flows through their tax secrecy laws and policies could jeopardize their compliance with international human rights obligations, particularly with regard to international cooperation and economic, social and cultural rights. States should therefore take concerted and coordinated measures against tax evasion globally as part of their domestic and extraterritorial human rights obligations and their duty to protect people from human rights violations by third parties, including business enterprises (see paras. 1 - 35 above).
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2014
Paragraphe
Taxation and human rightss 2014, para. 69
- Paragraph text
- Low tax demands of the financial sector and lack of regulation may therefore be indicative of a State's unwillingness (rather than inability) to use its maximum available resources. Increasing taxation of the financial sector could play a role in redressing this balance and discourage the excessive risk-taking that led to the crisis. Taxes on certain types of financial transactions have been introduced in various jurisdictions (including in India, Peru, South Korea and Sweden) as a way to raise revenue from the financial sector as well as to deter speculative trading activities that generate risks for the whole of society (in the form of crises or fluctuations in food/fuel prices). This measure could also enable States to better comply with several human rights obligations, in particular those regarding economic, social and cultural rights.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2014
Paragraphe
The World Bank and human rights 2015, para. 75
- Paragraph text
- Diverse civil society actors also needs to think through in a more systematic and nuanced way what exactly they would like to see from a human rights initiative. In the view of the Special Rapporteur, it is debatable whether some of the roles that the Bank has been called upon to undertake in the past are appropriate. The Bank cannot be expected to carry the burden of the expectations of every human rights demand that might be made in a given situation. There are limits to what can reasonably be expected of it and there are legitimate questions related to its mandate and the respective roles that should be played by different actors. Placing unreasonable demands on the Bank merely reinforces the fears of those who are currently resisting change in that area.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- All
- N.A.
- Année
- 2015
Paragraphe
The World Bank and human rights 2015, para. 9
- Paragraph text
- In January 2006, on his last day in office, the then General Counsel, Roberto Dañino, circulated a legal opinion on the Bank and human rights. Without explicitly claiming that the Bank had human rights obligations, the opinion charted a new approach. First, the Bank could take any type of human rights into account, provided there was economic impact or relevance. Second, where violations or non-fulfilment of human rights obligations had an economic impact, the Bank should take them into account. Third, the Bank might assist member countries to meet their legal obligations regarding human rights and should be broadly supportive of such commitments where they had an economic impact or relevance.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2015
Paragraphe
The right to participation of people living in poverty 2013, para. 78
- Paragraph text
- Rather than just using meetings to extract information, facilitators and organizers should seek to actively build the capacity of the participants and foster their better enjoyment of rights such as education and freedom of expression. The opportunity to provide workshops or courses relevant to the needs of the participants, for example literacy or leadership training, should be taken. It may be helpful to involve local organizations in building local organizing capacity. Facilitators can also help participants forge useful links - both horizontal links with other communities or community-based groups, and vertical links with decision-makers and relevant officials, for example in the local government.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Education
- Equality & Inclusion
- Personnes concernées
- All
- Année
- 2013
Paragraphe
Taxation and human rightss 2014, para. 81g
- Paragraph text
- [For the above-mentioned purpose, States should:] Adopt a framework that commits it to full disclosure of beneficial ownership of registered companies through national public registries;
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2014
Paragraphe
The right to participation of people living in poverty 2013, para. 86d (i)
- Paragraph text
- [In order to comply with their human rights obligations regarding the right to participation, the Special Rapporteur recommends States undertake the following actions:] Access to information: Enact a comprehensive right to information law, ensuring that the department designated to deal with requests is properly resourced, Promote effective and widespread use of the law including by: a. Adopting policies, programmes and proactive measures that promote its use by people living in poverty. b. Training public officials on the importance of access to information and the need to protect information solicitors.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Poverty
- Personnes concernées
- N.A.
- Année
- 2013
Paragraphe
The World Bank and human rights 2015, para. 52
- Paragraph text
- Based on the preceding review, the following propositions seem to encapsulate the actual practice of the World Bank: (a) pay lip service to human rights in official settings, as long as there are no consequences; (b) acknowledge the theoretical significance of human rights in studies and analyses of issues in relation to which they are incontestably relevant; (c) ensure that, as a general rule, the Bank does not engage with any aspect of human rights in its actual operations and lending; and (d) be prepared to make exceptions when political imperatives require it, even if that involves a high degree of inconsistency.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Economic Rights
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2015
Paragraphe
The World Bank and human rights 2015, para. 57
- Paragraph text
- As of January 2015, the United Nations Development Programme (UNDP) officially recognized "the centrality of human rights to [its goals] … and is committed to supporting 'universal respect for, and observance of, human rights and fundamental freedoms for all.'" It "shall … refrain from providing support for activities that may contribute to violations of a State's human rights obligations and the core international human rights treaties …". The UNDP policy does, however, contain provisions that seek to limit its human rights obligations. The policy says that it will support State efforts meet human rights obligations "as requested," notes that UNDP does not have a human rights "monitoring role" and notes that it will monitor its own compliance with its policies as a matter of "due diligence". That is a formulation that has been carefully crafted both to acknowledge the centrality of human rights, but also to allay any concerns of Governments and officials that the organization is in the business of human rights enforcement.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2015
Paragraphe
Taxation and human rightss 2014, para. 65
- Paragraph text
- The evidence that incentives succeed in attracting investment is actually weak. It is likely that, in many cases, the investment would have come even without the incentive, and that the costs of the incentive may indeed outweigh the benefit of the investment. Moreover, the granting of incentives has global ramifications, as it creates a "race to the bottom". There are also significant implications for the right to information, transparency and accountability, as tax incentives are often negotiated in secret between the Government and the company concerned, fostering corruption and weak governance.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2014
Paragraphe
Taxation and human rightss 2014, para. 73
- Paragraph text
- The political processes and policy choices that guide the capture and distribution of revenues from natural resource exploitation often determine whether they can be allocated for the progressive realization of economic, social and cultural rights, poverty reduction and social development. Good macroeconomic management of natural resources, such as stabilization funds, exchange rate and monetary policies, and financial and industrial policies that foster diversification are critical to enabling inclusive and sustainable development from natural resource exploitation. Decisions about natural resource extraction must therefore be made with care, taking into account environmental concerns and the rights of future generations while respecting the rights of the entire population.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Economic Rights
- Environment
- Personnes concernées
- All
- Année
- 2014
Paragraphe
Taxation and human rightss 2014, para. 81a
- Paragraph text
- [For the above-mentioned purpose, States should:] Actively pursue international cooperation in tax matters, working towards a multilateral regime for tax transparency that tackles tax abuse;
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2014
Paragraphe
The UN responsibility for the cholera outbreak in Haiti 2016, para. 36
- Paragraph text
- Third, the contention that receipt of the claims would "necessarily involve a review of political and policy matters" is self-serving and unjustified. The claims are far from being "political" in the sense defined by the Secretary-General in 1995 as those targeting actions or decisions of political organs, nor are they rambling denunciations (see A/C.5/49/65). In terms of policies, it is true that waste management and other such internal policies might need to be reviewed, but if that prospect is enough to trigger non-receivability, it would become effectively impossible ever to claim damages from the United Nations.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2016
Paragraphe
The UN responsibility for the cholera outbreak in Haiti 2016, para. 31
- Paragraph text
- Claims of a "private law character" are also referred to in the MINUSTAH status-of-forces agreement, which defines them as "[t]hird-party claims for property loss or damage and for personal injury, illness or death arising from or directly attributed to MINUSTAH". In elaborating on this category, the Secretary-General has stated that claims received in the past include "claims for compensation submitted by third parties for personal injury or death and/or property loss or damage incurred as a result of acts committed by members of a United Nations peacekeeping operation within the 'mission area' concerned" (A/C.5/49/65, para. 15). Such claims are distinguished from those "based on political or policy-related grievances against the United Nations, usually related to actions or decisions taken by the Security Council or the General Assembly" and which often "consist of rambling statements denouncing the policies of the Organization" and claiming that financial losses resulted therefrom (ibid., para. 23).
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Humanitarian
- Personnes concernées
- N.A.
- Année
- 2016
Paragraphe
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.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2016
Paragraphe
The UN responsibility for the cholera outbreak in Haiti 2016, para. 30
- Paragraph text
- While the brevity of the present report precludes a detailed legal analysis, the basic principles are clear. The United Nations has long accepted that, as an attribute of its international legal personality, it can incur obligations and liabilities of a private law nature. It also recognizes its international responsibility for damages caused by the activities of United Nations forces within this framework. In its resolution 52/247 (1998) on third-party liability the General Assembly set up a special regime to deal with third-party claims in the context of peacekeeping missions, although it set temporal, financial and other limitations to that liability.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Humanitarian
- Personnes concernées
- N.A.
- Année
- 2016
Paragraphe
Marginality of economic and social rights 2016, para. 10
- Paragraph text
- During the Cold War years, deep ideological divisions ensured that economic and social rights were given very limited attention. It was not until 1987 that the Committee on Economic, Social and Cultural Rights was established by the Economic and Social Council, a development that certainly helped to trigger considerable progress. Partly as a result, 171 States proclaimed at the World Conference on Human Rights in 1993 that: All human rights are universal, indivisible and interdependent and interrelated. The international community must treat human rights globally in a fair and equal manner, on the same footing, and with the same emphasis.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- N.A.
- Année
- 2016
Paragraphe
The UN responsibility for the cholera outbreak in Haiti 2016, para. 74
- Paragraph text
- Prior to finalizing the present report, a draft was submitted to the Secretary-General and other relevant officials for comment. To the Special Rapporteur's surprise, that draft was leaked to the press and appeared in full in the New York Times. Subsequently, the Deputy Secretary-General replied to the Special Rapporteur on 19 August 2016. The reply contained several elements that are novel and very welcome. In particular, the United Nations committed to the adoption of a "new approach" which "will address many of the concerns raised in [the present] report". That approach will include, as "a central focus", a package to provide "material assistance and support" to the victims and their families, over and above existing programmes. The support package and delivery mechanism will be elaborated through "a transparent process" involving consultation with the Haitian authorities, Member States and victims. The Organization also committed to intensify its efforts in response to the epidemic. Each of these undertakings is important. The implications are that there will be an approach which goes well beyond the existing one, will be transparent, will mobilize additional resources and will compensate victims.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Humanitarian
- Personnes concernées
- Families
- Année
- 2016
Paragraphe
Marginality of economic and social rights 2016, para. 21
- Paragraph text
- However, in the 50 years since the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights were adopted, extensive experience has been gained at both the international and national level, which enables us to identify the key ingredients in successful approaches to the recognition and implementation of human rights obligations. Three are of particular salience in relation to economic and social rights: (a) the need to accord legal recognition to the rights; (b) the need for appropriate institutional arrangements to promote and facilitate realization of the rights; and (c) the need for measures that promote governmental accountability. This can be termed the recognition, institutionalization and accountability framework, or the RIA framework, and its implications for economic and social rights are considered below.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- All
- N.A.
- Année
- 2016
Paragraphe
Marginality of economic and social rights 2016, para. 28
- Paragraph text
- 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.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- All
- N.A.
- Année
- 2016
Paragraphe
Marginality of economic and social rights 2016, para. 25
- Paragraph text
- In the light of what appears to be the relatively common State practice of not giving explicit legislative recognition to individual economic and social rights, the most important question is whether legislation, or an equivalent form of legal instrument, can be dispensed with altogether by a State that claims to be fulfilling its obligations through other means. In practice, the argument will usually be that legislation has been adopted in relation to the issue or sector in question, and it is unnecessary for any reference to be made in that legislation to the relevant human right. In other words, to take the example of the right to food, the argument would be that it is sufficient that there is legislation in place that addresses food safety or food security, even though it reflects no explicit rights dimension. Or, in the case of the right to education, laws dealing with the establishment of educational institutions are considered sufficient, even if there is no acknowledgement that education is a human right.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Education
- Food & Nutrition
- Governance & Rule of Law
- Personnes concernées
- All
- N.A.
- Année
- 2016
Paragraphe
Marginality of economic and social rights 2016, para. 60
- Paragraph text
- 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.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- All
- N.A.
- Année
- 2016
Paragraphe
Marginality of economic and social rights 2016, para. 40
- Paragraph text
- Many books have now been written extolling the virtues of involvement by the courts in enforcing economic and social rights in various countries around the world, but justiciability is by no means the whole story. Indeed, it might be argued that the focus on justiciability has become the tail that is wagging the analytical dog. Rights holders can seek accountability through many means, including: (a) sharing information with the media; (b) using community or peer pressure; (c) collecting and publishing data; (d) complaining to an authoritative body or person; and (e) evaluating and reporting. However, most of these methods assume that, at the end of the day, there will be a mechanism in place to which the claim can ultimately be brought for vindication in the absence of self-correction by the duty holder.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2016
Paragraphe
Marginality of economic and social rights 2016, para. 69
- Paragraph text
- In other words, even when it appears to be marginal and best ignored, the legal framework of recognition or non-recognition will, in practice, wield significant influence in terms of how economic and social rights are perceived and what advocacy opportunities are closed down or opened up. The legal framework can, at least partially, empower or disempower and legitimize or delegitimize those who advocate respect for economic and social rights. Thus, even those who argue that the battle over economic and social rights will inevitably be won or lost in the political arena would be well advised not to neglect the recognition, institutionalization and accountability dimensions. This is not for a moment to suggest that the many other dimensions of economic and social rights-related advocacy are unimportant. The argument is that most, if not all, of them will be less effective if the RIA framework is not in place as a matter of State policy.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- All
- N.A.
- Année
- 2016
Paragraphe
Marginality of economic and social rights 2016, para. 61
- Paragraph text
- The problem is that, unless the basic building blocks of recognition, institutionalization and accountability are in place, it is highly unlikely that other more sophisticated techniques are going to be effective. It is difficult to imagine less fertile ground for many such initiatives than contexts in which economic and social rights remain unrecognized as rights, where the relevant institutions are not working effectively to promote economic and social rights as rights and where there is little or no concept of economic and social rights accountability in place. It is hoped, of course, that these new techniques, developed and promoted externally, can compensate for, or even overcome, the inhospitable domestic environment within which they will eventually have to be implemented. But again, there would seem to be a strong element of wishful thinking in the expectation that States that have not been able or willing to put the foundations of economic and social rights in place, will be likely to implement even more demanding and sophisticated techniques for monitoring and promoting economic and social rights.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2016
Paragraphe
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.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Health
- Water & Sanitation
- Année
- 2016
Paragraphe
The implementation of the right to social protection through the adoption of social protection floors 2014, para. 55
- Paragraph text
- The leading human rights groups should thus engage actively with the Coalition for a Social Protection Floor, as well as taking their own targeted initiatives.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- All
- N.A.
- Année
- 2014
Paragraphe
The implementation of the right to social protection through the adoption of social protection floors 2014, para. 22
- Paragraph text
- Even within the same country, competing conceptions of social protection might coexist. In Mexico, for example, scholars have suggested that while approach of the federal Government emphasizes targeting and good behaviour by the beneficiaries in order for conditional cash transfers to occur, the policies adopted in the federal district of Mexico City attach greater importance to inclusiveness, democratic content and social citizenship.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- N.A.
- Année
- 2014
Paragraphe
Marginality of economic and social rights 2016, para. 22
- Paragraph text
- 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.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2016
Paragraphe
Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 87
- Paragraph text
- States should ensure that staff in key Government departments are trained and have the analytical skills to assess the human rights implications of their decisions. States should also put in place coordination mechanisms to ensure communication and information-sharing between Government departments on human rights-related issues.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2011
Paragraphe
The World Bank and human rights 2015, para. 70
- Paragraph text
- No outsider can prescribe an ideal recipe for the Bank to follow in adopting a human rights policy. There are many options and paths that could reasonably be taken. The Bank is a very special organization and it will need a carefully tailored policy that takes adequate account of the many concerns that will undoubtedly be expressed. Most of all, there needs to be a transparent discussion, based on carefully thought-through proposals.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2015
Paragraphe
The World Bank and human rights 2015, para. 37
- Paragraph text
- The goals and policies of the Bank have changed radically since 1944. The Articles of Agreement contain no mention of either of its current proclaimed "twin goals" of ending extreme poverty and promoting shared prosperity. The General Counsels have played a key role in the necessarily dynamic interpretation of the Articles required to reflect and justify that evolution.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Economic Rights
- Governance & Rule of Law
- Poverty
- Personnes concernées
- N.A.
- Année
- 2015
Paragraphe
The importance of social protection measures in achieving Millennium Development Goals (MDGs) 2010, para. 32
- Paragraph text
- While accessible, high-quality and gender-sensitive health-care services contribute to the achievement of Millennium Development Goals 4, 5 and 6, social protection also contributes, both directly and indirectly, by addressing fundamental economic obstacles that result in health challenges, improving the overall standard of living and promoting the right to health.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Health
- Personnes concernées
- All
- Année
- 2010
Paragraphe
The right to participation of people living in poverty 2013, para. 37
- Paragraph text
- Dignity is the foundation of all human rights, inextricably linked to the principles of equality and non-discrimination. When based on human rights, participation can help to reclaim the dignity and autonomy of people living in poverty by recognizing them as active agents with rights and responsibilities, and enabling agency in decisions that directly affect their lives.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Poverty
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2013
Paragraphe
Taxation and human rightss 2014, para. 20
- Paragraph text
- The rights to participation, accountability, transparency and access to information are critical human rights principles that also apply to fiscal policies and must be implemented throughout the policy cycle, from design of budgets and tax codes, allocation of expenditure, through to monitoring and evaluation of impact.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2014
Paragraphe
Access to justice for people living in poverty 2012, para. 20
- Paragraph text
- Owing to deep asymmetries of power, the stigma and discrimination they suffer and their socioeconomic disadvantages, persons living in poverty often reasonably decide against bringing a case to court, thereby precluding any possibility of obtaining justice.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Poverty
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2012
Paragraphe
The UN responsibility for the cholera outbreak in Haiti 2016, para. 45
- Paragraph text
- While the United Nations has been keen to emphasize how much it has done in Haiti, the reality is that Member States have so far agreed to contribute only 18 per cent of the $2.2 billion required to implement the National Plan for the Elimination of Cholera in Haiti 2013-2022.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Health
- Année
- 2016
Paragraphe
Extreme poverty and human rights on universal basic income 2017, para. 36
- Paragraph text
- Most of its proponents do not envision basic income directly replacing the third conception of the welfare state, namely the role of the government in the economy. As far as the second conception is concerned, many proponents appear to leave public education and social services mostly untouched. Even Murray would leave State-funded education and child protection services in place, although individuals would have to fund their own health insurance. But most basic income proposals appear to want to replace, in whole or in part, either the existing contributory social insurance schemes, or the non-contributory social assistance measures for the poorer groups in society, or both.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Personnes concernées
- Children
- Année
- 2017
Paragraphe
The importance of social protection measures in achieving Millennium Development Goals (MDGs) 2010, para. 24
- Paragraph text
- There are many examples of social protection programmes that directly target improvements in the school enrolment of children of beneficiary households by imposing conditionalities (co-responsibilities) related to school attendance and performance rates. Moreover, programmes that lack an explicit focus on schooling can also have a positive impact on the education level of children. For example, research shows that social pensions (non-contributory pensions for older persons) in Brazil, South Africa and Namibia have been used by grandparents to pay their grandchildren's school fees.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Education
- Personnes concernées
- Children
- Older persons
- Année
- 2010
Paragraphe
The importance of social protection measures in achieving Millennium Development Goals (MDGs) 2010, para. 47
- Paragraph text
- Rights-based social protection systems can support progress towards the achievement of the Millennium Development Goals by, inter alia, promoting women's participation in economic activities, increasing their participation in the workforce, providing them with income security in old age and improving nutritional levels and food security, as well as girls' access to education. If women cannot, on an equal basis with men, benefit from development, participate in the labour market and participate in public decision-making, the achievement of the Goals will be seriously compromised.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Economic Rights
- Equality & Inclusion
- Gender
- Personnes concernées
- Girls
- Men
- Women
- Année
- 2010
Paragraphe
The importance of social protection measures in achieving Millennium Development Goals (MDGs) 2010, para. 95
- Paragraph text
- The international community can play a key role in supporting the establishment and scale-up of social protection systems. A number of core common principles can guide donors on how best to ensure and support the long-term sustainability of social security systems in recipient States. The statements of Governments reaffirming their commitment to human rights, gender equality and social protection must be translated into the increased allocation of resources to social protection systems that take into account gender equality.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Personnes concernées
- N.A.
- Année
- 2010
Paragraphe
Social protection and old age poverty 2010, para. 37
- Paragraph text
- Human rights treaties apply to all members of society and as such older persons are clearly entitled to the full range of rights established by them. The Universal Declaration of Human Rights mentions the particular vulnerability of older persons in article 25, which stipulates that "everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including … medical care and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control".
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Health
- Personnes concernées
- Families
- Older persons
- Année
- 2010
Paragraphe
Social protection and old age poverty 2010, para. 105
- Paragraph text
- The traditional reliance of many States on contributory pension systems as the main source of social security in old age has left a significant portion of older persons unprotected. This problem is particularly serious for women as most are not covered by contributory pension schemes although they tend to live longer. Investing in non-contributory pensions can play an important role in empowering older people and contribute to the realization of their human rights, in particular their economic, social and cultural rights.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Health
- Social & Cultural Rights
- Personnes concernées
- Older persons
- Women
- Année
- 2010
Paragraphe
Penalization of people living in poverty 2011, para. 23
- Paragraph text
- In many cases, the cost of employing reactive penalization measures greatly outweighs the costs that would be incurred in addressing the root causes of poverty and exclusion. If resources dedicated to policing, surveillance and detention were instead invested in addressing the causes of poverty and improving access to public services, including social housing, States could drastically improve the lives of persons living in poverty and ensure that the maximum available resources are dedicated to increasing the levels of enjoyment of economic, social and cultural rights.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Poverty
- Social & Cultural Rights
- Personnes concernées
- N.A.
- Année
- 2011
Paragraphe
Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 86
- Paragraph text
- To address future crises in an effective and timely manner, ensuring that the most disadvantaged and vulnerable groups are protected, States should improve their technical and institutional capacity to develop evidence-based policymaking. Depending on the domestic circumstances of each country, this may include enhancing the capacity to mobilize fiscal space and improving research and analytical capabilities to identify and quantify the impact of economic shocks on the most vulnerable.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Humanitarian
- Personnes concernées
- All
- N.A.
- Année
- 2011
Paragraphe
Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 85
- Paragraph text
- Enhancing regulation requires States to take collective action and to provide international assistance and cooperation (see paragraphs 94-99 below). It is critically important that States reach a consensus on regulatory actions to improve the functioning and transparency of financial commodity markets in order to curb financial speculation and excessive commodity price volatility, which directly affect the enjoyment of the right to food by those living in poverty.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Food & Nutrition
- Governance & Rule of Law
- Poverty
- Personnes concernées
- All
- Année
- 2011
Paragraphe
Unpaid care work and women's human rights 2013, para. 69
- Paragraph text
- When States do not adequately provide, fund, value and regulate care, women inevitably take on a greater share of its provision, to the detriment of their enjoyment of human rights. States must therefore adopt all necessary policy measures in order to achieve the recognition, reduction and redistribution of unpaid care work. The international human rights framework, which rests strongly on the principles of non-discrimination and equality, and the obligations and accountability of States, must be an important source of guidance in this regard.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Economic Rights
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Personnes concernées
- Women
- Année
- 2013
Paragraphe
The right to participation of people living in poverty 2013, para. 28
- Paragraph text
- Regarding the right to information, States have to make every effort to ensure easy, prompt, effective and practical access to information which might be of public interest, including by proactively making this information available and putting in place necessary procedures which enable prompt, effective, practical and easy access to information. Fees charged should not constitute an unreasonable impediment to access to information, and an appeals system should be in place to challenge failures to provide information (CCPR/C/CG/34).
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2013
Paragraphe
Extreme inequality and human rights 2015, para. 45b
- Paragraph text
- [Subsequent to Mr. Eide's report, the Sub-Commission decided to appoint a Special Rapporteur on the relationship between the enjoyment of human rights, in particular economic, social and cultural rights, and income distribution. José Bengoa was appointed as Special Rapporteur and produced several reports between 1995 and 1998. He reached the following general conclusions (see E/CN.4/Sub.2/1998/8, paras. 4-9):] When income distribution begins to be concentrated in the hands of the few, relative poverty increases, as does extreme poverty, both in the developed and developing world;
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Poverty
- Personnes concernées
- N.A.
- Année
- 2015
Paragraphe
The UN responsibility for the cholera outbreak in Haiti 2016, para. 63
- Paragraph text
- Third, various precedents exist for the United Nations to make one-time lump-sum payments for damages caused by peacekeeping operations. An agreement reached with Belgium in 1965 involved acceptance of "financial liability where the damage is the result of action taken by agents of the United Nations in violation of the laws of war and the rules of international law", but was stated to be "without prejudice to the privileges and immunities which the United Nations enjoys". Similar agreements were also entered into with Luxembourg in 1966 and Italy in 1967.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Humanitarian
- Personnes concernées
- N.A.
- Année
- 2016
Paragraphe
The UN responsibility for the cholera outbreak in Haiti 2016, para. 65
- Paragraph text
- Fifth, guidance might be drawn from important precedents for lump-sum settlements at the national level. Relevant examples include the arrangements set up in the United States to compensate the victims of the 11 September 2001 terrorist attacks, the 2014 agreement between the United States and France to compensate Holocaust victims and the Canadian Reparations Programme for the Indian Residential School System, created to redress the historical legacies of discrimination suffered by Aboriginal children attending those schools.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Personnes concernées
- Children
- Ethnic minorities
- Persons on the move
- Année
- 2016
Paragraphe
Marginality of economic and social rights 2016, para. 55
- Paragraph text
- Despite these impressive reporting figures, in half of the concluding observations the Committee recommended that measures be taken to ensure the "direct applicability" of the Covenant in the domestic legal order. In slightly less than half of the concluding observations, the Committee also recommended that the State concerned seek to raise awareness of the justiciability of the rights. And in almost every concluding observation (27), the Committee recommended that legislation be enacted or amended in order to implement Covenant obligations.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- All
- N.A.
- Année
- 2016
Paragraphe
Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 77
- Paragraph text
- Studies by the United Nations Development Fund for Women (UNIFEM) have shown that previous and current stimulus packages in several countries have tended to favour men over women, despite the fact that women had been more severely affected by the crises. If a gender approach is not actively considered, there is a serious risk that the recovery from the crises will also exclude women.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Humanitarian
- Personnes concernées
- Men
- Women
- Année
- 2011
Paragraphe
The right to participation of people living in poverty 2013, para. 83
- Paragraph text
- States have three levels of obligations with regard to human rights: to respect; to protect; and to fulfil (E/C.12/GC/21, para. 48). In terms of the right to participation, the obligation to respect requires States to refrain from interfering, directly or indirectly, with the enjoyment of the right. For example, States must not close down participatory spaces, impose censorship, repress public deliberation or retaliate against those who speak out (e.g. through violence, confiscation of property or incarceration). The obligation to protect requires States to take steps to prevent third parties (including business enterprises or private individuals) from interfering in the right to participation. This would include safeguarding participatory spaces, protecting freedom of expression through law and policy, and protecting individuals from reprisal from non-State actors. It also requires States to protect social movements, community organizers and human rights defenders. Lastly, the obligation to fulfil requires States to facilitate, promote and provide for the full realization of the right to participation, through appropriate legislative, administrative, judicial, budgetary and other measures. This includes strengthening skills and capacity of the public and officials, presenting meaningful decisions for public deliberation and devoting resources to long-term, sustainable participatory mechanisms to influence national priorities, programmes and decisions.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2013
Paragraphe
Taxation and human rightss 2014, para. 82a
- Paragraph text
- [The Special Rapporteur recommends that international economic bodies and financial institutions, in particular IMF, the European Union, the World Bank, the European Central Bank and the European Bank for Reconstruction and Development:] Consider human rights obligations and impact when setting conditions and policies in the area of fiscal policy; in particular, promote progressive rather than regressive taxation and ensure that all States are granted space to conduct counter-cyclical fiscal policies;
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Economic Rights
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2014
Paragraphe
The importance of social protection measures in achieving Millennium Development Goals (MDGs) 2010, para. 97
- Paragraph text
- The fact that social protection initiatives worldwide are contributing to the achievement of all Millennium Development Goals is well known and widely accepted. Social protection, in particular social assistance, has the potential to improve the living conditions of those living in extreme poverty and to facilitate their enjoyment of various human rights, in particular the right to an adequate standard of living and to social security.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Poverty
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2010
Paragraphe
Penalization of people living in poverty 2011, para. 82f
- Paragraph text
- [In this context, the Special Rapporteur wishes to present the following recommendations:] States must ensure that all criminal and regulatory policies comply with human rights standards, including the principles of equality and non discrimination and the presumption of innocence. Laws which specifically target the particular behaviours and actions of persons living in poverty amount to discrimination on the basis of economic and social status, and shall be repealed;
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Poverty
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2011
Paragraphe
Unpaid care work and women's human rights 2013, para. 78
- Paragraph text
- The rights of carers should be explicitly recognized in legislation, with reference to their right to social security and their right to an adequate standard of living, including through income support where necessary. These rights can be elaborated through the development of national care standards and/or carer recognition legislation with enforceable obligations, based on human rights principles including equality and non-discrimination, self-determination, autonomy and participation.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2013
Paragraphe
Access to justice for people living in poverty 2012, para. 96
- Paragraph text
- [States should:] Expand the geographical reach of the justice system (police, prosecutors, courts, legal aid, etc.) in particular in rural and remote areas, by: Considering innovative measures such as mobile courts, one-stop justice shops, street clinics and homeless courts to increase practical access to justice for persons living in poverty, particularly the homeless and those living in rural communities
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Poverty
- Personnes concernées
- All
- Année
- 2012
Paragraphe
The right to participation of people living in poverty 2013, para. 86b (i)
- Paragraph text
- [In order to comply with their human rights obligations regarding the right to participation, the Special Rapporteur recommends States undertake the following actions:] Resources: Allocate sufficient resources to support the participation of people living in poverty in any decision-making process that affects their rights, including earmarked funds to compensate participants for opportunity costs such as travel and to provide on-site childcare.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Poverty
- Personnes concernées
- Children
- Année
- 2013
Paragraphe
Social protection and old age poverty 2010, para. 111
- Paragraph text
- States must adopt specific measures to ensure access to social pensions by those in most vulnerable conditions, for example, by removing administrative barriers that prevent them from accessing social pensions, such as the lack of documentation. Specific measures are also needed to ensure that benefits are distributed within safe reach and at a convenient geographic location, paying particular attention to physical and mental impairments that affect older persons.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Health
- Social & Cultural Rights
- Personnes concernées
- Older persons
- Année
- 2010
Paragraphe
The implementation of the right to social protection through the adoption of social protection floors 2014, para. 12
- Paragraph text
- Although a report as brief as this can only skim the historical surface, at least five factors ensured that social protection in general, and the right to social security in particular, were of marginal importance for most of the twentieth century. First, the artificial and in some respects arbitrary division of the concept of human rights into two different categories of rights governed by very different assumptions, condemned economic and social rights to second-class status for much of this period. Second, the often proclaimed interdependence and indivisibility of the two sets of rights resolutely failed to address in practice the fact that individuals living in extreme poverty were unable to realize effectively many of their civil and political rights. Third, the mistaken notion that civil and political rights are largely costless, while economic and social rights are inevitably extremely costly, was used to legitimize the assumption that social security was a quintessentially costly right and thus only really of relevance to rich countries. Fourth, where it was officially accepted, social security was largely conceptualized as a tool for protecting workers in the public sector and in the formal sector more generally. Thus only minimal efforts were made to develop a more inclusive notion that built upon both formal and informal structures and processes to ensure that all persons were covered by some type of security arrangement. Fifth, many of those problems were exacerbated by the impact of the cold war on the human rights framework. A sixth factor was the extent to which individual United Nations agencies claimed different issues as their own and sought to develop forms of exclusive jurisdictional competence. Under that scheme, social security "belonged" to ILO. The rest of the United Nations system thus more or less kept away from the issue, except in the most general terms. That also meant that, some official rhetoric notwithstanding, the United Nations human rights system developed in relative isolation from what should have been the closely related work of a number of the specialized agencies.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Poverty
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2014
Paragraphe
The implementation of the right to social protection through the adoption of social protection floors 2014, para. 23b
- Paragraph text
- [At the international level, definitional issues continue to be controversial, especially in terms of whether social protection floors should be seen as a matter of human rights and whether they should be universal and unconditional. Before examining those dimensions, it is appropriate to take note of the approach reflected in ILO recommendation No. 202. As the culmination of many initiatives, both within and well beyond the ILO context, it has become the principal benchmark against which social protection floors should be designed, implemented and evaluated. The main elements of recommendation No. 202 are as follows:] Social protection floors are nationally defined, in a participatory manner, and reflect national priorities while respecting principles such as non-discrimination, gender equality and social inclusion;
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Personnes concernées
- N.A.
- Année
- 2014
Paragraphe
Taxation and human rightss 2014, para. 79n
- Paragraph text
- [States must realize the full potential of tax collection as a tool to generate revenue for the fulfilment of human rights obligations and to redress discrimination and inequality. Human rights principles regarding participation, transparency, accountability and non-discrimination should be followed throughout the whole revenue-raising cycle. For this purpose, States should:] Ensure the public revenue raised from the financial sector is commensurate to the sector's profitability and the risks it generates; implement a financial transaction tax, and consider allocating the revenues specifically to expenditure that can contribute to the realization of human rights;
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2014
Paragraphe
Taxation and human rightss 2014, para. 22
- Paragraph text
- Decision-making processes regarding tax and public revenues must therefore be based on full transparency and the broadest possible national dialogue, with effective and meaningful participation of civil society and those who will be directly affected by such policies, including people living in poverty. Fiscal policies should be subjected to the scrutiny of the population during design, implementation and evaluation stages, with the various interests transparently identified. This will require capacity-building and fostering fiscal literacy in the population. The population should have access to all relevant information in an accessible and understandable format, and inclusive mechanisms should be put in place to ensure that they are actively engaged in devising the most appropriate policy options. Owing to the asymmetries of power, expertise and interests in this debate, specific measures should be taken to ensure equal access and opportunities to participate, particularly for people living in poverty.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Poverty
- Personnes concernées
- All
- Année
- 2014
Paragraphe
The implementation of the right to social protection through the adoption of social protection floors 2014, para. 27
- Paragraph text
- In an effort to bridge the gap, the Advisory Group urged the Bank to cooperate with ILO and the United Nations on the Social Protection Floor Initiative. The Bank was initially responsive and its major strategy document in 2012 proclaimed an "emerging global consensus" in this area, noting that its "strategy and engagement" were consistent with the "core principles" of the Initiative. Although that was considered to be a significant development, the strategy itself demonstrated rather little substantive engagement with the Initiative. In 2014, the Bank issued the first in what was described as a series of major reports on social safety nets, thus making clear where its future work would continue to focus. The report appeared simultaneously with the new ILO flagship report on social protection floors and, while situating safety nets within what it calls the broader context of social protection, the word "floor" does not appear even once, let alone "social protection floor".
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- N.A.
- Année
- 2014
Paragraphe
The implementation of the right to social protection through the adoption of social protection floors 2014, para. 36
- Paragraph text
- Another dimension which is of considerable importance, especially in making the case to those who are involved in implementing and monitoring the International Covenant on Economic, Social and Cultural Rights, is the extent to which the approach embodied in the Social Protection Floor Initiative mirrors that adopted in relation to the Covenant. Four examples will suffice: first, progressive realization is the standard set in the Covenant and is also the approach adopted by the proponents of the Initiative. As one proponent of the latter has noted "the case for universalism needs to be framed in ways that do not set up false dichotomies or unrealistic expectations."
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- N.A.
- Année
- 2014
Paragraphe
The implementation of the right to social protection through the adoption of social protection floors 2014, para. 51
- Paragraph text
- Second, an indispensable step is to insist on explicit recognition by key actors that there is a human right to social protection. At present, the right to social security and the right to an adequate standard of living, proclaimed so proudly in the Universal Declaration of Human Rights and subsequently often reaffirmed in binding treaty obligations, are ignored or even challenged by the policies advocated by many of the key actors involved in addressing the plight of the hundreds of millions of persons living in extreme poverty. Many leading international organizations and financial institutions still avoid recognizing those rights in their policies and programmes.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Poverty
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2014
Paragraphe
The implementation of the right to social protection through the adoption of social protection floors 2014, para. 60
- Paragraph text
- It is understandable that some of those who have expended great energy on the post-2015 process should consider that only a token reference to human rights and a weak endorsement of social protection are better than nothing and that they will somehow be able over time to put a positive gloss on determinedly lacklustre goals. This is surely not enough. Civil society groups should make clear that a 1960s approach is no longer acceptable in the twenty-first century. Human rights in general should be recognized as both a central goal of sustainable development and a crucial part of the relevant process and a specific right to social protection, as defined in the Social Protection Floor Initiative and ILO recommendation No. 202, should be recognized.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2014
Paragraphe
Taxation and human rightss 2014, para. 79g
- Paragraph text
- [States must realize the full potential of tax collection as a tool to generate revenue for the fulfilment of human rights obligations and to redress discrimination and inequality. Human rights principles regarding participation, transparency, accountability and non-discrimination should be followed throughout the whole revenue-raising cycle. For this purpose, States should:] Ensure that people have access to all relevant data and information on fiscal policy and government revenues, including from the corporate sector, and include such information under right to information laws;
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2014
Paragraphe
Taxation and human rightss 2014, para. 79m
- Paragraph text
- [States must realize the full potential of tax collection as a tool to generate revenue for the fulfilment of human rights obligations and to redress discrimination and inequality. Human rights principles regarding participation, transparency, accountability and non-discrimination should be followed throughout the whole revenue-raising cycle. For this purpose, States should:] Proactively disclose information on contracts, concessions and licensing agreements in the extractive sector and related information, including expected tax revenues and export royalty rates;
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2014
Paragraphe
Taxation and human rightss 2014, para. 17
- Paragraph text
- Revenue collection is a critical tool for States in tackling and redressing systemic discrimination and ensuring equal access to economic, social and cultural rights. In order to redress structural inequalities, including gender inequalities, States should evaluate the differential impact of existing and proposed fiscal policies on different groups, in particular those who suffer from structural discrimination. For example, certain tax arrangements that directly or indirectly disincentivize women's participation in the labour force or promote the male bread-winner family model could threaten women's enjoyment of human rights. Meanwhile, a State with a very narrow tax base or that fails to tackle tax evasion may result in its inability to fund social protection or adequate and accessible public services, a situation that is likely to create or entrench inequalities.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- Women
- Année
- 2014
Paragraphe
Taxation and human rightss 2014, para. 28
- Paragraph text
- The obligation to progressively realize economic, social and cultural rights entails a prohibition of deliberate retrogression, namely, of measures that directly or indirectly lead to backwards steps in the enjoyment of rights. There is a strong presumption that such measures are in violation of human rights standards. States may only adopt such retrogressive measures if they can demonstrate that they have carefully considered all alternatives, including revenue-raising ones, and that they are duly justified by reference to the totality of the rights in the International Covenant on Economic, Social and Cultural Rights, in the context of the full use of the maximum available resources. The compatibility of, for example, austerity measures (such as those that many States implemented in the wake of the 2008/09 financial crisis) with the Covenant would therefore depend partly on whether the State has sought revenue-raising alternatives before making cuts in areas that are important for ensuring the enjoyment of economic, social and cultural rights, such as cuts in public sector employment, public services or social protection.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- N.A.
- Année
- 2014
Paragraphe
Taxation and human rightss 2014, para. 33
- Paragraph text
- When acting as a member of an international organization, a State remains responsible for its own conduct in relation to its human rights obligations within and outside its territory. This includes identifying the possible human rights impact of measures agreed at the international level, including the impact on persons living in poverty. Therefore, when a State makes decisions about loans as a member of an international financial institution, careful consideration of human rights obligations would mitigate against imposing conditions regarding fiscal policies that may jeopardize the human rights of the borrower State's population or undermine that State's ability to use maximum available resources to realize economic, social and cultural rights.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Economic Rights
- Governance & Rule of Law
- Poverty
- Personnes concernées
- All
- N.A.
- Année
- 2014
Paragraphe
Taxation and human rightss 2014, para. 29
- Paragraph text
- States have a duty to provide international assistance and cooperation commensurate with their capacities, resources and influence, as established in Articles 55 and 56 of the Charter of the United Nations and in several international human rights treaties. Particularly important are the obligations of international assistance and cooperation enshrined in the International Covenant on Economic, Social and Cultural Rights (arts. 2, para. 1 and 1, para. 1), the Convention on the Rights of the Child (art. 4) and the Convention on the Rights of Persons with Disabilities (art. 32), on the basis of the recognition that some countries will not be able to achieve the full realization of economic, social and cultural rights if other countries in a position to assist do not do so.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- Persons with disabilities
- Année
- 2014
Paragraphe
Taxation and human rightss 2014, para. 46
- Paragraph text
- Progressive tax systems, in particular direct taxes, are one of the most important tools available to Governments in addressing income inequality. Personal income tax is one of the most progressive and important kinds of tax in this regard. Indirect taxes, such as those based on consumption (such as value-added or sales taxes) are typically regressive, because they generally constitute a larger proportion of the income of people living in poverty; for example, in Latin America, on average for the poorest 20 per cent of the population, sales tax accounts for 13.7 per cent of their income, while only 5.8 per cent of income for the richest 20 per cent. Thus, despite exemptions aimed at decreasing the burden on lower-income groups, the poor bear a tax burden 2.4 times higher than that of the wealthiest people. Women, who tend to use larger portions of their income on basic goods because of gender norms that assign them responsibility for the care of dependents, bear the regressive brunt of consumption taxes.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Economic Rights
- Poverty
- Personnes concernées
- Women
- Année
- 2014
Paragraphe
Taxation and human rightss 2014, para. 53
- Paragraph text
- Income distribution and its management through taxation also have a crucial relationship with democracy. Growing income disparities can serve to polarize and fragment societies, which can ultimately lead to alienation and social unrest.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Personnes concernées
- N.A.
- Année
- 2014
Paragraphe
Taxation and human rightss 2014, para. 40
- Paragraph text
- Promoting economic growth is also a primary and legitimate concern of State fiscal policies. Progressive taxation can, however, help Governments to achieve more sustainable growth and to distribute the fruits of prosperity more fairly. Indeed, a recent study by the International Monetary Fund (IMF) found that the combined direct and indirect effects of redistribution, including the growth effects of the resulting lower inequality, are on average pro-growth. Many developing countries have experienced significant economic growth in recent decades, although without a proportionate reduction in poverty or inequality, indicating that the benefits of growth have been concentrated in the hands of a few. This is in large part because the proceeds of growth have not been adequately taxed and redistributed, leading to a concentration of wealth that has considerable negative implications for human rights, social cohesion and future economic growth prospects.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- N.A.
- Année
- 2014
Paragraphe
Taxation and human rightss 2014, para. 38
- Paragraph text
- Taxation policies also have the potential to reduce income and wealth inequalities, depending on their level and progressiveness. This is a crucial goal, because inequalities have been shown to slow the pace of poverty reduction, create intergenerational poverty traps through uneven access to health and education, and increase the vulnerability of societies to economic crises. Some research has shown that improvement in income distribution is the key channel for poverty reduction. In most economies, the redistribution achieved through income taxes is even higher than for means-tested social transfers.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Economic Rights
- Poverty
- Personnes concernées
- N.A.
- Année
- 2014
Paragraphe
Taxation and human rightss 2014, para. 41
- Paragraph text
- The Special Rapporteur explores three key areas in which government revenue-raising policies or practices can facilitate the enjoyment of human rights below.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Economic Rights
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2014
Paragraphe
The importance of social protection measures in achieving Millennium Development Goals (MDGs) 2010, para. 55
- Paragraph text
- It is widely accepted that the provision of social protection benefits to women significantly improves the education, health and nutritional levels of children. Understandably, this component has been incorporated into many social protection schemes around the world, with very positive consequences. However, the specific channelling of social protection towards women to increase the well-being of other household members must not undermine women's enjoyment of their human rights. The design of programmes should respect and acknowledge the role of women as care providers without reinforcing patterns of gender discrimination and negative stereotyping.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Health
- Personnes concernées
- Children
- Women
- Année
- 2010
Paragraphe
The importance of social protection measures in achieving Millennium Development Goals (MDGs) 2010, para. 64
- Paragraph text
- Social protection programmes must include accountability mechanisms that are accessible to both men and women. Their design must thus take into account the gender dynamics within the community and the household that may prevent women from voicing or lodging a complaint. Such mechanisms must also take account of the realities of gender-based violence and sexual harassment. Women, for example, might be reluctant to participate in programmes or claim rights and entitlements for fear of violence or abuse from male community members or sexual harassment from a male programme implementer. Monitoring and evaluation mechanisms must also incorporate sex-disaggregated indicators to assess and improve their ability to take into account women's voices.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Gender
- Violence
- Personnes concernées
- Men
- Women
- Année
- 2010
Paragraphe
Social protection and old age poverty 2010, para. 46
- Paragraph text
- Several International Labour Organization conventions and declarations also recognize the right to social security, including the Declaration concerning the aims and purposes of the International Labour Organization, to pursue "the extension of social security measures to provide a basic income to all in need of such protection and comprehensive medical care". The main standards are established by Convention No. 102 concerning Minimum Standards of Social Security and Convention No. 128 concerning Invalidity, Old-Age and Survivors' Benefits. Convention No. 102 establishes worldwide-agreed minimum standards for all nine branches of social security: medical care, sickness benefit, unemployment benefit, old-age benefit, employment injury benefit, family benefit, maternity benefit, invalidity benefit and survivors' benefit.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Health
- Social & Cultural Rights
- Personnes concernées
- Older persons
- Année
- 2010
Paragraphe
The importance of social protection measures in achieving Millennium Development Goals (MDGs) 2010, para. 41
- Paragraph text
- While it is positive that the importance of sustainable development is reflected in the Millennium Development Goals, it is regrettable that they fail to include a specific goal or target related to climate change. This is despite the fact that those living in extreme poverty are affected the most by, yet have contributed the least to, the phenomenon. In addition, Goal 7 (ensure environmental sustainability) is criticized for not appropriately representing the realities of developing countries. For instance, many low- and middle-income countries argue that they cannot afford to focus on renewable energy sources, such as solar and wind power, and instead need to use natural resources to achieve the Millennium Development Goals. While this is a complex issue, the "pollute first, clean up later" approach is clearly not a viable option. For most low-income countries, Goal 7 is not necessarily about cutting emissions, but rather about enabling those in poverty to "manage, control and sustainably develop natural resources". In this regard, social protection programmes can play a considerable role.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Environment
- Poverty
- Personnes concernées
- N.A.
- Année
- 2010
Paragraphe
The importance of social protection measures in achieving Millennium Development Goals (MDGs) 2010, para. 99
- Paragraph text
- The Millennium Development Goal review process is an opportunity to build and expand social protection systems, translating statements of commitment to the elimination of extreme poverty into reality. Raising awareness of human rights and how individuals can claim them would further contribute to poverty reduction. Human rights, such as the right to social security, an adequate standard of living and decent working conditions, and equality between women and men, are enshrined in numerous international human rights treaties, under which States are obligated to take concrete measures.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Poverty
- Social & Cultural Rights
- Personnes concernées
- Men
- Women
- Année
- 2010
Paragraphe
Social protection and old age poverty 2010, para. 30
- Paragraph text
- This coverage gap particularly affects those living in extreme poverty. It is in countries with lower GDP per capita and among the least educated that coverage rates of existing contributory social security systems are lowest. Contributory systems cover 85 per cent of the labour force in almost all high-income member States of the Organization for Economic Cooperation and Development (OECD), but in several countries in sub-Saharan Africa, coverage can fall to below 5 per cent of the workforce. Even middle-income countries of Latin America that had established social security systems covering a significant proportion of the population saw coverage rates declining in the last decades following the liberalization of labour markets.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Economic Rights
- Governance & Rule of Law
- Poverty
- Personnes concernées
- N.A.
- Année
- 2010
Paragraphe
Social protection and old age poverty 2010, para. 41
- Paragraph text
- The right to social security is firmly grounded in international human rights law and several treaties contain specific references to old age protection through social security schemes. Further to articles 22 and 25 of the Universal Declaration of Human Rights, it appears in articles 9, 10 and 11 of the International Covenant on Economic, Social and Cultural Rights, article 5 (e) (iv) of the International Convention on the Elimination of Racial Discrimination, article 11 of the Convention on the Elimination of Discrimination against Women, article 26 of the Convention on the Rights of the Child, article 27 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. The Convention on the Rights of Persons with Disabilities mentions the right to social protection (art. 28).
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- Older persons
- Persons on the move
- Persons with disabilities
- Année
- 2010
Paragraphe
The importance of social protection measures in achieving Millennium Development Goals (MDGs) 2010, para. 50
- Paragraph text
- Economic shocks affect women and men differently. Owing to discrimination and gender inequality, women are disproportionately represented in the informal economy and thus have less access than men to many social insurance benefits, such as pensions and unemployment and sickness benefits. Even where women are employed in the formal labour market, discrimination often results in lower wages. Moreover, an interrupted work history as a result of care responsibilities, in particular child-rearing, and a longer life expectancy worldwide reduce the ability of women to contribute to social protection schemes and further disadvantage them in old age.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Personnes concernées
- Children
- Men
- Women
- Année
- 2010
Paragraphe
The importance of social protection measures in achieving Millennium Development Goals (MDGs) 2010, para. 60
- Paragraph text
- Conditional cash transfer programmes, in which women are expected to take full responsibility for meeting the conditions attached to programme participation (such as ensuring that children attend school and undergo compulsory medical check-ups) can be of particular concern. By imposing such responsibilities only on women, programmes may perpetuate gender stereotypes, limit women's ability to work and further undermine their well-being. Additional demands on their time may limit women's ability to seek health care (particularly if health-care centres are not easily accessible and childcare is unavailable) or further deprive them of leisure time. In some situations, such requirements can place a woman at risk of violence or abuse within the household for not having ensured compliance and thus having lost the benefit. They can also create scope for abuse by the relevant authorities, such as teaching personnel or health service providers.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Health
- Personnes concernées
- Children
- Women
- Année
- 2010
Paragraphe
The importance of social protection measures in achieving Millennium Development Goals (MDGs) 2010, para. 69
- Paragraph text
- The explicit inclusion of human rights norms, such as the right to social security, in domestic legislation places social protection within a framework of legally binding and enforceable rights and obligations. For example, various State constitutions unambiguously provide for the right to social security. Under such a framework, beneficiaries of social protection become "rights-holders" who can make claims against the State. Similarly, States and development partners become "duty-bearers", responsible for allocating resources to social protection in a manner that reflects human rights principles.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- N.A.
- Année
- 2010
Paragraphe
Penalization of people living in poverty 2011, para. 29
- Paragraph text
- Increasingly, States are implementing laws, regulations and practices limiting the behaviour, actions and movements of people in public space, which greatly impede the lives and livelihoods of those living in poverty. These measures vary considerably across and within States, with the common denominator being the penalization of actions and behaviours which are considered "undesirable" or a "nuisance" in public spaces. States justify these measures by classifying the prohibited behaviours as dangerous, conflicting with the demands of public safety or order, disturbing the normal activities for which public spaces are intended, or contrary to the images and preconceptions that authorities want to associate with such places.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Poverty
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2011
Paragraphe
Penalization of people living in poverty 2011, para. 37
- Paragraph text
- 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.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Année
- 2011
Paragraphe
Penalization of people living in poverty 2011, para. 52
- Paragraph text
- In many countries, those entitled to social benefits are required to prove their entitlement by providing excessive amounts of documentation and disclosing irrelevant personal information. This is often a stressful and demeaning process for beneficiaries. Persons living in poverty face several obstacles and costs in gaining access to official documents. Documents may be expensive, and accessing them difficult for individuals who do not have a fixed address or lack proof of identity. This is particularly common in developing countries, where some of the most vulnerable and excluded people, particularly women and ethnic minorities, are not registered at birth. Obtaining documents also requires additional interactions with public officials who often lack sufficient understanding of the specific needs and circumstances of persons living in poverty. Anecdotal evidence shows that social benefit administrators are often inconsiderate or unsympathetic towards beneficiaries, who in addition to bureaucratic hurdles must overcome gaps in education, literacy and communication when seeking to comply with often complex and opaque requirements.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Poverty
- Personnes concernées
- Ethnic minorities
- Women
- Année
- 2011
Paragraphe
Access to justice for people living in poverty 2012, para. 9
- Paragraph text
- The right to equality before the courts and tribunals and the right to a fair trial consist of a complex set of rules and practices that include the right to a fair and public hearing within a reasonable time and respect of the principles of equality of arms and presumption of innocence, among others. While the rules regarding due process are included in several provisions of international human rights treaties, of particular relevance is article 14 of the International Covenant on Civil and Political Rights, which provides that "all persons shall be equal before the courts and tribunals" in criminal and civil cases and creates an obligation upon States to ensure that everyone has access to "a fair and public hearing by a competent, independent and impartial tribunal established by law" in "the determination of any criminal charge against him or of his rights and obligations in a suit at law".
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2012
Paragraphe
Access to justice for people living in poverty 2012, para. 14
- Paragraph text
- The existence of significant socioeconomic inequality between the parties in a proceeding requires States to adopt all necessary measures to help to reduce or eliminate the deficiencies that impair or diminish the effective protection of the rights at stake. If such measures are not taken, those who are socially or economically disadvantaged do not enjoy a real opportunity for justice or the benefits of due process of law in an equal manner. These obligations arise in civil and criminal cases and in pretrial stages of the justice chain, when the rights of persons living in poverty are also at stake.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Poverty
- Personnes concernées
- All
- Année
- 2012
Paragraphe
Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 53
- Paragraph text
- In recent years, food subsidies have become a common means of ameliorating the devastating effects of food scarcity and rising commodity prices on those living in poverty. The reduction of taxation on or subsidization of staple foods is aimed at providing immediate relief to those experiencing the most pressing forms of food insecurity. By providing access to a basic form of food security, food subsidies can limit the prevalence of hunger, increase consumption and improve nutrition in recipient households. Food subsidies also contribute to ensuring price stabilization and thus create greater food access for all. To this extent, they are one way in which States can ensure that they meet their obligations regarding the right to an adequate standard of living, including the right to food.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Food & Nutrition
- Governance & Rule of Law
- Humanitarian
- Poverty
- Personnes concernées
- All
- Année
- 2011
Paragraphe
Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 60
- Paragraph text
- While the impact of the crises has differed markedly in each country, all States must take into account their international human rights obligations when designing policy responses. Before implementing any policy measure, States must assess its social impact, including from a gender perspective, and should only adopt policies that are compatible with their international human rights obligations. Cuts in funding to social services that have the greatest impact on the lives of those living in poverty should be a measure of last resort, and should be taken only after serious consideration of all alternative policy options, including how funding to other areas not directly linked with the enjoyment of economic, social and cultural rights might be otherwise reduced.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Gender
- Humanitarian
- Poverty
- Personnes concernées
- N.A.
- Année
- 2011
Paragraphe
Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 69
- Paragraph text
- A rights-based approach also requires policymakers to ensure that all persons are protected in an equal and non-discriminatory manner. This principle implies a preference for social protection systems that are universal. While policies should prioritize the most vulnerable and disadvantaged in line with human rights standards, they must also form part of longer-term strategies to progressively ensure universal coverage. States must carefully screen policy choices to avoid the unfair exclusion of disadvantaged and disempowered groups and actively seek out ways to ensure that they are reached. In this regard, social protection programmes must be physically and culturally accessible to all.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2011
Paragraphe
Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 80
- Paragraph text
- In several countries, the crises have demonstrated a clear need to maximize means of harnessing resources specifically for the realization of economic, social and cultural rights. States should identify additional sources of fiscal space to increase resources for social and economic recovery. From an array of options, States should particularly consider widening the tax base, improving the efficiency of tax collection and reprioritizing expenditures. These types of reforms could help States to achieve a more progressive, equitable and sustainable taxation regime while complying with a human rights framework.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Economic Rights
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2011
Paragraphe
Access to justice for people living in poverty 2012, para. 4
- Paragraph text
- The indivisibility, interdependence and interrelatedness of human rights is often recalled and reiterated in human rights instruments and by human rights bodies, although frequently disregarded in practice. The interdependence of all human rights is unequivocal when considering the situation of persons living in poverty, which is both a cause and a consequence of a range of mutually reinforcing human rights violations. Eradicating extreme poverty not only requires improving access to housing, food, education, health services, water and sanitation, but also requires ensuring that persons living in poverty have the resources, capabilities, choices, security and power necessary to enjoy the whole spectrum of human rights.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Poverty
- Water & Sanitation
- Personnes concernées
- All
- Année
- 2012
Paragraphe
Access to justice for people living in poverty 2012, para. 10
- Paragraph text
- The principle of equality and non-discrimination obliges States to take measures to ensure that all individuals are entitled to equal access to judicial and adjudicatory mechanisms without distinction on the basis of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, and that all parties in judicial or legal proceedings are treated without any discrimination. The principle of equality and non-discrimination extends to prevent discrimination on the basis of social and economic status, as implied in the phrase "other status".
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2012
Paragraphe
Access to justice for people living in poverty 2012, para. 15
- Paragraph text
- Even in the most developed countries, legal disempowerment is rife and persons living in poverty do not have full de jure or de facto access to justice. Around the world, persons living in poverty face a range of obstacles in claiming and enforcing, or contesting violations of, their rights. Such obstacles not only imply violations of their rights to a remedy and due process, but also undermine their ability to enjoy other human rights equally and without discrimination. States, therefore, are under an obligation to eliminate obstacles which frustrate the efforts of the poorest and most vulnerable to access justice. Effective enforcement of and compliance with judicial rulings in favour of persons living in poverty are also essential to ensure that persons living in poverty can benefit from the law.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Poverty
- Personnes concernées
- All
- Année
- 2012
Paragraphe
Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 37
- Paragraph text
- Human rights do not dictate what policy measures States should take. States have the discretion to select and take policy measures according to their specific economic, social and political circumstances. The choice of policy measures must, however, comply with the State's human rights obligations. Human rights are not a policy option, dispensable during times of economic hardship. While a human rights response does not purport to stipulate a particular economic system or financial measures, it nevertheless provides a clear legal framework for the design and implementation of all policies, including economic and fiscal policy.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2011
Paragraphe
Unpaid care work and women's human rights 2013, para. 22
- Paragraph text
- In order to ensure that women enjoy all their rights on equal terms with men, States must take all appropriate measures to ensure that care responsibilities are equally shared by men and women. The Convention expressly refers to the sharing of responsibility among men and women and wider society in regard to the upbringing of children (preamble). It notes that States parties must ensure "the recognition of the common responsibility of men and women in the upbringing and development of their children" (article 5). This provision requires States to combat patriarchal attitudes and stereotypes regarding the roles and responsibilities of women and men within the family and society at large, and to address discrimination in education and employment and the compatibility of work requirements and family needs. States must, inter alia, prohibit discrimination or dismissal on the grounds of pregnancy or maternity and ensure that men and women have equal opportunities to choose their profession or occupation (see for example articles 11.2 and 16).
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- Children
- Men
- Women
- Année
- 2013
Paragraphe
Access to justice for people living in poverty 2012, para. 50
- Paragraph text
- The economic and social costs of detention and incarceration can be devastating for persons living in poverty. Detention and incarceration can lead to loss of income and employment and often temporary or permanent withdrawal of social benefits. Their families, particularly their children, are also directly affected. Therefore, criminal justice systems predicated on detention and incarceration, even for minor non-violent crimes, can themselves represent a significant obstacle to access to justice for persons living in poverty. Those who are poor and vulnerable are likely to leave detention disproportionately financially, physically and personally disadvantaged.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Poverty
- Personnes concernées
- Children
- Families
- Année
- 2012
Paragraphe
Access to justice for people living in poverty 2012, para. 66
- Paragraph text
- Even where legal aid services are available and adequately funded, discrimination in their design and implementation impedes certain individuals and groups from accessing them. For example, some rely on telephone intakes or written applications, failing to take into account the needs and constraints of persons with disabilities, older persons or those with lower levels of literacy. Inadequate or piecemeal support directed towards community-based paralegal programmes also restricts an important and more affordable source of legal assistance. Although all aspects of the legal profession should be regulated, excessive restrictions on the operation of paralegals, or lack of official recognition of their role, can also hamper the support they provide to persons living in poverty.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Poverty
- Personnes concernées
- Older persons
- Persons with disabilities
- Année
- 2012
Paragraphe
Access to justice for people living in poverty 2012, para. 82
- Paragraph text
- The presence of civil society in the judicial context can greatly improve the system. The ability of civil society organizations to support victims or bring cases on their behalf can reduce the financial and personal burden of legal action on the individual claimant. State restrictions on public interest litigation or on the filing of amicus briefs by civil society organizations can close off other avenues for access to justice for persons living in poverty. This is especially so in terms of remedy for structural or systemic abuses or discrimination, which affect large numbers of persons living in poverty.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Poverty
- Personnes concernées
- All
- Année
- 2012
Paragraphe
Access to justice for people living in poverty 2012, para. 92
- Paragraph text
- Access to justice is essential for tackling poverty and protecting the human rights of persons living in poverty. Even mature democracies with well-functioning State institutions and technically inclusive and fair legal systems struggle to ensure de facto equal access to justice by those living in poverty. When the poor are unable to access justice equally and without discrimination, they are prevented from enjoying and claiming their human rights, and from seeking remedies to violations of their rights. This may exacerbate their situation, or frustrate their efforts to move out of poverty.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Poverty
- Personnes concernées
- All
- Année
- 2012
Paragraphe
Unpaid care work and women's human rights 2013, para. 6
- Paragraph text
- In 1995, the Beijing Declaration and Platform for Action highlighted the importance of tackling the unequal distribution of paid and unpaid work between men and women, as an essential step towards achieving gender equality. Unfortunately, very little progress has been made since that time. The neglect of unpaid care in policy persists, at great cost to caregivers themselves. Across the world, millions of women still find that poverty is their reward for a lifetime spent caring, and unpaid care provision by women and girls is still treated as an infinite, cost-free resource that fills the gaps when public services are not available or accessible. This report calls for a fundamental shift in this status quo, as part of States' fundamental human rights obligations. Without further delay, public policies should position care as a social and collective responsibility and treat unpaid caregivers and those they care for as rights holders.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Gender
- Personnes concernées
- Girls
- Men
- Women
- Année
- 2013
Paragraphe
Unpaid care work and women's human rights 2013, para. 17
- Paragraph text
- Intensive unpaid care workloads create chronic time deficits, limiting opportunities for women and girls to access and progress in education, participate in income-earning activities and accumulate retirement incomes and savings, contributing to their higher vulnerability to poverty. Constraints imposed by care responsibilities also contribute to the concentration of women in low-waged, precarious, unprotected employment, in hazardous or unhealthy conditions with high risk to their health and well-being. Such jobs are less likely to enable them to lift themselves out of poverty. Ultimately, the combination of lack of time and social subordination restricts women's ability to participate on an equal footing in public life.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Economic Rights
- Poverty
- Personnes concernées
- Girls
- Women
- Année
- 2013
Paragraphe
Access to justice for people living in poverty 2012, para. 6
- Paragraph text
- Persons living in poverty have a right to access justice without discrimination of any kind, and a right to due process, understood as the right to be treated fairly, efficiently and effectively throughout the justice chain. States have assumed obligations in that regard, by committing themselves to respect, protect and fulfil several rights such as the right to an effective remedy (e.g., Universal Declaration of Human Rights, art. 8; International Covenant on Civil and Political Rights, art. 2.3; Convention on the Elimination of All Forms of Racial Discrimination, art. 6; Convention against Torture, arts. 13 and 14); the right to equality before the courts and tribunals (e.g., International Covenant on Civil and Political Rights, art. 14.1); the right to a fair trial (e.g., Universal Declaration of Human Rights, art. 10; International Covenant on Civil and Political Rights, arts. 14-15); the right to legal assistance (e.g., Universal Declaration of Human Rights, art. 11.1; International Covenant on Civil and Political Rights, art. 14.3 (b)-(d)); and the right to equality and equal protection of the law (e.g., Universal Declaration of Human Rights, art. 7; International Covenant on Civil and Political Rights, art. 26).
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Poverty
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2012
Paragraphe
Unpaid care work and women's human rights 2013, para. 63
- Paragraph text
- In this section, the impacts of the HIV/AIDS pandemic, global migration and austerity measures will be examined, because of their profound ongoing effects on the unpaid care of women living in poverty.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Environment
- Health
- Movement
- Poverty
- Personnes concernées
- Women
- Année
- 2013
Paragraphe
Unpaid care work and women's human rights 2013, para. 70
- Paragraph text
- Public policies should position care as a social and collective responsibility rather than an individual problem, and treat unpaid caregivers and those they care for as rights holders. A transformative approach is clearly required under human rights law, including tackling gender stereotypes and traditional roles. In order to move effectively towards this, State policies must recognize and value the importance of unpaid care, but without reinforcing care work as women's sole responsibility or supporting particular models of the family to the exclusion of others.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Gender
- Social & Cultural Rights
- Personnes concernées
- Families
- Women
- Année
- 2013
Paragraphe
Unpaid care work and women's human rights 2013, para. 71
- Paragraph text
- As the causes and consequences of unpaid work inequalities are multilayered, multiple and complementary, policy interventions to effectively remedy their negative effects will be necessary. The recommendations in the present report concentrate on the measures that are most likely to be accessible and effective for women living in poverty. In this regard, the Special Rapporteur places particular emphasis on the imperative for States to provide accessible and high-quality public services and infrastructure, in particular in the most disadvantaged areas. Conversely, the report does not contain detailed recommendations on issues like parental leave, maternity pay and flexible work arrangements. Despite the importance of these measures, in the context of extensively informal employment relations they would not reach the vast majority of women living in poverty around the world.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Economic Rights
- Equality & Inclusion
- Poverty
- Personnes concernées
- Women
- Année
- 2013
Paragraphe
Unpaid care work and women's human rights 2013, para. 82
- Paragraph text
- Improving recognition of unpaid care work also necessitates making the data collected available and accessible, and informing and sensitizing public officials and the general public about the distribution, importance and effects of such work. The data collected should be used to assess the impact of economic and social policies on the intensity and distribution of unpaid care work in the household. It should be used proactively in gender-sensitive policymaking, including budgeting. To this end, it will be necessary to train policymakers and public officials to understand the data, and enhance their capacity to analyse it and use it in policy, programming and budgeting.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Economic Rights
- Gender
- Personnes concernées
- N.A.
- Année
- 2013
Paragraphe
Unpaid care work and women's human rights 2013, para. 94
- Paragraph text
- In order to achieve greater equality in sharing unpaid care work between women and men, in general and within households, the solutions must be public as well as private. It is necessary for the State to facilitate, incentivize and support men's caring, for example by ensuring that they have equal rights to employment leave as parents and carers, and providing education and training to men, women and employers. To facilitate long-term change, educational programmes, to be used in schools and communities, should be developed to challenge stereotypical, traditional male and female roles and promote the concept of shared family responsibility for unpaid care work in the home.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Education
- Personnes concernées
- Families
- Men
- Women
- Année
- 2013
Paragraphe
Unpaid care work and women's human rights 2013, para. 97
- Paragraph text
- Policymakers should implement general measures, such as eliminating user fees in primary education and basic health care, including sexual and reproductive health care, and progressively implementing free universal health care. More specific measures adapting and reforming public services, directly guided by the need to alleviate unpaid work demands on women and girls, will also be necessary. Such measures might include free school food programmes; extended school day programmes; improvements to palliative care systems; and the introduction of household/community care capacity assessments to guide hospital discharge decisions.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Health
- Personnes concernées
- Girls
- Women
- Année
- 2013
Paragraphe
Access to justice for people living in poverty 2012, para. 30
- Paragraph text
- Women living in poverty suffer compounded obstacles to accessing justice generated by inadequate legal frameworks and normative protection, because the deprivations and abuse that women suffer as women are often not recognized in law. Many States lack legal and constitutional frameworks that guarantee women the enjoyment of their rights, such as anti-discrimination laws. Issues such as domestic violence, sexual violence, reproductive rights, and equal pay and inheritance rights are not adequately addressed in many legal regimes, thus curtailing any possibility of seeking remedies. This has a particularly devastating impact on poor women, who are often left without any formal or informal recourse.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Gender
- Poverty
- Personnes concernées
- Women
- Année
- 2012
Paragraphe
The right to participation of people living in poverty 2013, para. 26
- Paragraph text
- These norms have been further developed by human rights monitoring bodies, who have emphasized that participation should be understood broadly and requires concrete political, legal and institutional actions. Electoral participation is just one specific expression of the right to participation (A/HRC/18/42, para. 5); although free and fair elections are a crucial component, they are not enough to ensure that those living in poverty enjoy the right to participation in key decisions affecting their lives (E/C.12/2001/10, para.12). According to the Human Rights Committee, the right to participation in the conduct of public affairs covers "all aspects of public administration, including the formulation and implementation of policy at international, national, regional and local levels" (CCPR/C/21/Rev.1/Add.7, para. 5). The right to participation necessitates participatory mechanisms with a legal basis, providing for "access to appropriate information, adequate support, feedback … and procedures for complaints, remedies or redress" (CRC/C/GC/12, para. 48). Participation should not be a one-off event, but requires a long process of intensive dialogue regarding the development of policies, programmes and measures in all relevant contexts (ibid., para. 13). For example, the Committee on Economic, Social and Cultural Rights has said that participation in decision-making processes must be an integral component of any policy, programme or strategy related to the rights to health and water (E/C.12/2000/4, para. 54, and E/C.12/2002/11, para. 48). The right is not limited to participation in formal political institutions, but also in civil, cultural and social activities (A/HRC/18/42, Annex, para. 5); for example, the right to take part in cultural life is also an essential element of the right to participation, and States must adopt concrete measures to ensure enjoyment of this right (E/C.12/GC/21, para. 39).
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Poverty
- Personnes concernées
- All
- Année
- 2013
Paragraphe
Unpaid care work and women's human rights 2013, para. 96
- Paragraph text
- Quality public service provision should be free at the point of use (for example health services and primary education) or at affordable cost (for example water and sanitation and transport), in order to give unpaid caregivers the option to undertake other pursuits such as paid work, participation in public life, education or self-care, while ensuring a level of care for their dependants. States should therefore preserve and boost investment in public services, especially in times of economic crisis when inequalities become more pronounced. The principles of non-discrimination and equality require States to ensure that public services meet the standards of availability, accessibility, acceptability, adaptability and quality, and to expand coverage in ways that reduce class, gender and regional inequalities, focusing on physical and economic accessibility for the most disadvantaged persons, groups and regions.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Water & Sanitation
- Personnes concernées
- All
- Année
- 2013
Paragraphe
Unpaid care work and women's human rights 2013, para. 107
- Paragraph text
- Care users, caregivers and other stakeholders should be proactively supported to participate in the design, implementation and monitoring of care services and other relevant policies. States and other relevant branches of Government must build the capacity of unpaid caregivers to participate in decision-making processes, including by providing them with accessible, up-to-date information about their rights, and services and benefits available to them. Participatory mechanisms must be designed to be accessible to women living in poverty with unpaid care responsibilities, for example by providing on-site childcare at meetings.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Poverty
- Personnes concernées
- Children
- Women
- Année
- 2013
Paragraphe
The right to participation of people living in poverty 2013, para. 48
- Paragraph text
- Appropriate mechanisms for coordinating participation must be developed; these should be participatory themselves. In terms of the inclusion and identification of participants, programmes must be targeted to ensure the involvement of all stakeholders who may be or perceive themselves to be affected by the policy, decision or programme in question. The principles of non-discrimination and equality necessitate that participants must be identified in a transparent and proactive way. This should include undertaking a stakeholder analysis or mapping to identify vulnerable or disadvantaged groups with a stake in the outcomes of the decision; ensuring that the most marginalized groups and communities are identified and engaged from the outset, taking into account the obstacles they face; and dedicating resources to reach out to them.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2013
Paragraphe
The right to participation of people living in poverty 2013, para. 57
- Paragraph text
- In order to ensure that people living in poverty can participate on an equal basis, participants should be reimbursed for all costs related to attendance at meetings, including upfront, hidden and opportunity costs. At a minimum, participants must be reimbursed for transportation costs, and, if appropriate, their time, and on-site childcare should be provided. Organizers must provide a secure, safe atmosphere. Participation procedures must allow for the full expression of the views of people living in poverty, in a timely manner and based on their full understanding of the issues involved, so that they may be able to affect the outcome.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Poverty
- Personnes concernées
- Children
- Année
- 2013
Paragraphe
The right to participation of people living in poverty 2013, para. 18
- Paragraph text
- Participation has been associated with a range of positive effects in development cooperation, humanitarian aid and poverty reduction programmes, such as better assessment of needs and capacities, and improvements in implementation and sustainability. However, the degree of positive impact that participation can have on poverty reduction is debated, and depends on what type of participation is being studied and in what arena. Nevertheless, evidence shows that in many cases participatory processes have shown positive outcomes in terms of tackling poverty and social exclusion, particularly in building organization and capacity, strengthening social cohesion and democratic governance and creating better development outcomes (such as improved services). Participation in processes like budget formulation or service monitoring has brought tangible benefits to persons living in poverty in specific cases. However, participation on its own is not a silver bullet for poverty reduction, and must be combined with other inputs such as improvements in public services, education and accountability mechanisms to achieve this end.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Humanitarian
- Poverty
- Personnes concernées
- All
- Année
- 2013
Paragraphe
The right to participation of people living in poverty 2013, para. 14
- Paragraph text
- Material deprivation and disempowerment create a vicious circle: the greater the inequality, the less the participation; the less the participation, the greater the inequality. When the participation of people living in poverty is not actively sought and facilitated, they are not able to participate in decision-making and their needs and interests are not taken into account when policy is designed and implemented. This exacerbates their exclusion and often perpetuates the privilege of elites who are able to influence policy directly, or of groups such as the middle class who have a considerable voice in the media or other public spaces. Lack of participation in decision-making and in civil, social and cultural life is thus recognized by the international community as a defining feature and cause of poverty, rather than just its consequence.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Poverty
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2013
Paragraphe
The right to participation of people living in poverty 2013, para. 21
- Paragraph text
- Participation, when undertaken with a rights foundation, provides an opportunity for people living in poverty to be active agents in their own destiny; thus, it is fundamentally important to reclaiming dignity. Testimony from people living in poverty confirms that meaningful and effective participation can have important effects: building self-respect and gaining the respect of others; creating a sense of belonging; becoming part of a network where they can recount their experience and feel they are listened to and supported by others; regaining self-confidence and developing a plan for the future; being recognized as a human being.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Poverty
- Personnes concernées
- All
- Année
- 2013
Paragraphe
The right to participation of people living in poverty 2013, para. 32
- Paragraph text
- The Indigenous and Tribal Peoples Convention of the International Labour Organization (1989) (ILO Convention No. 169) is focused on participation of indigenous people in decision-making, and is the only international convention to assign governments the duty of face-to-face consultation with communities. It states that consultation with indigenous peoples should be undertaken through appropriate procedures, in good faith and through the representative institutions of these peoples; the peoples involved should have the opportunity to participate freely at all levels in the formulation, implementation and evaluation of measures and programmes that affect them directly. ILO Convention No. 169 also specifies individual circumstances in which consultation with indigenous and tribal peoples is an obligation. In particular, relocation/displacement of the community should take place only with their "free and informed consent".
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Ethnic minorities
- Année
- 2013
Paragraphe
Taxation and human rightss 2014, para. 79b
- Paragraph text
- [States must realize the full potential of tax collection as a tool to generate revenue for the fulfilment of human rights obligations and to redress discrimination and inequality. Human rights principles regarding participation, transparency, accountability and non-discrimination should be followed throughout the whole revenue-raising cycle. For this purpose, States should:] Invest financial resources and political will in strengthening national tax authorities, ensuring that they have technical and budgetary autonomy and that their staff is professionalized;
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2014
Paragraphe
The right to participation of people living in poverty 2013, para. 33
- Paragraph text
- If not developed with the indigenous and tribal institutions or organizations that are truly representative of the peoples in question, consultations will not comply with the requirements of the Convention. Notably, in applying the Convention, several judgments of national and regional tribunals have found that the non-participation of indigenous groups in consultation or decision-making processes violated their rights and, as such, a broad set of measures have been judicially ordered, from the invalidation of approval of government projects especially in the mining, forestry and energy sectors, to remedies for those affected.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Economic Rights
- Environment
- Governance & Rule of Law
- Personnes concernées
- Ethnic minorities
- Année
- 2013
Paragraphe
The right to participation of people living in poverty 2013, para. 40
- Paragraph text
- All human beings must be able to enjoy and exercise their human rights on a basis of equality, free from discrimination of any kind. The principle of equality and non-discrimination implies that everyone should have equal and effective opportunities for making their views known to other members of society, and to be part of decision-making processes. Particular efforts must be made to ensure that certain groups who suffer structural forms of discrimination - including but not limited to women, ethnic minorities and persons with disabilities - have equal opportunities to express their views, including by assigning specific resources, mechanisms and strategies for this purpose.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Personnes concernées
- Ethnic minorities
- Persons with disabilities
- Women
- Année
- 2013
Paragraphe
The right to participation of people living in poverty 2013, para. 60
- Paragraph text
- From a human rights perspective, effective access to public information is a precondition for exercising other human rights. Exercise of the right to participation depends on transparency and access to complete, up-to-date and comprehensible information. People must have the capacity and opportunity to use the information, understand their entitlements and be able to evaluate the quality of the services, policies or programmes in question. Transparency is essential to ensure rights holders are fully aware of the aims and scope of the process, the other actors involved and their role and level of influence.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2013
Paragraphe
The World Bank and human rights 2015, para. 41
- Paragraph text
- Ironically, given the widespread perception that the Bank is dominated by Western interests and values, the argument is often heard that the Bank needs to avoid human rights discourse because it may be perceived as imposing Western values on non-Western countries. Thus, the authors of a report on gender and human rights-based approaches in development felt the need to address such concerns in a separate annex. While the debate over cultural relativism is a very vibrant one in both political and scholarly circles, the justifiable issue of concern is not the basic universality of the standards, which has long been reaffirmed, but the degree of cultural appropriateness shown in their application. For the Bank to invoke a relativist justification to refuse all engagement with the universal standards is contrary to international law. Particular interpretations of human rights will always be contested, but so too will definitions of poverty, the rule of law, corruption and a great many other notions which lie at the heart of its work. Avoidance is no substitute for sophisticated and nuanced engagement.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2015
Paragraphe
The World Bank and human rights 2015, para. 50
- Paragraph text
- In fact, if the major new banks do not adopt appropriate social protection policies, there would be good reason to assume that the Bank will be less able to compete in terms of the time taken for project planning, the conditions offered to borrowers and the speed of disbursement. Both the New Development Bank, which proclaims itself "as an alternative to the existing US-dominated World Bank and International Monetary Fund", and the Asian Infrastructure Investment Bank were set up in 2015. The Articles of Agreement of both banks reproduce the same political prohibition clause as is contained in the Articles of Agreement of the World Bank. The Asian Infrastructure Investment Bank is committed to addressing environmental and social impacts, but it remains to be seen what type of standards and safeguards will be adopted and how, if at all, human rights will be factored in. Those are issues that will warrant the most careful scrutiny going forward.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Environment
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2015
Paragraphe
The World Bank and human rights 2015, para. 61
- Paragraph text
- Sixth, by refusing to take account of any information emanating from human rights sources, the Bank places itself in an artificial bubble, which excludes information that could greatly enrich its understanding of the situations and contexts in which it works. That includes especially the materials generated by human rights treaty bodies, special procedures mandate holders and the universal periodic review process of the Human Rights Council, as well as analyses generated by NGOs. It is striking that the Bank regularly consults religious leaders, such as the faith-based and religious leaders' round table it held in 2015, but has no comparable meetings with human rights experts.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2015
Paragraphe
Extreme inequality and human rights 2015, para. 44
- Paragraph text
- Mr. Eide attached considerable importance to the policies of international financial institutions and was critical of IMF for adopting the position that it should not concern itself with income distribution. As noted earlier, the position of IMF today differs significantly. Mr. Eide criticized the role played by international financial institutions in reducing the power of the State, which he considered to have an essential role to play in ensuring equity in income distribution. In reflecting on the obligations of States in relation to efforts to reduce income inequality, Mr. Eide called for, inter alia, policies to ensure access to land and other productive assets; the provision of public services and other benefits as well as equality of opportunity for all; guarantees of non-discrimination in employment; the implementation of the Convention on the Elimination of All Forms of Discrimination against Women; and the provision of a functioning system of taxation (ibid., paras. 82-83).
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- Women
- Année
- 2015
Paragraphe
Extreme inequality and human rights 2015, para. 54
- Paragraph text
- At present, there is no explicitly stated right to equality, as such, under international human rights law. In order to ground equality as an organizing theme in this area of law, human rights bodies and commentators have relied on provisions such as those in the Universal Declaration of Human Rights that proclaim the equal rights of men and women (preamble), that all human beings are born free and equal in dignity and rights (art. 1) and that all are equal before the law and are entitled without any discrimination to equal protection of the law" (art. 7). These provisions have been paired with those dealing with non-discrimination, which is also considered to be one of the central and foundational principles of international human rights law. Virtually all of the core human rights treaties contain explicit provisions on non-discrimination. Also, for the most part, human rights bodies have been careful to emphasize that the norms of equality and non-discrimination require substantive and not just formal equality.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- Men
- Women
- Année
- 2015
Paragraphe
Extreme inequality and human rights 2015, para. 45d
- Paragraph text
- [Subsequent to Mr. Eide's report, the Sub-Commission decided to appoint a Special Rapporteur on the relationship between the enjoyment of human rights, in particular economic, social and cultural rights, and income distribution. José Bengoa was appointed as Special Rapporteur and produced several reports between 1995 and 1998. He reached the following general conclusions (see E/CN.4/Sub.2/1998/8, paras. 4-9):] Income distribution is very closely linked to the full enjoyment and realization of human rights and persistently bad distribution of income is also the cause of persistent violations of human rights; intolerable degrees of income inequality constitute a violation of the norms of national and international coexistence and therefore of the rights of persons;
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- N.A.
- Année
- 2015
Paragraphe
Extreme inequality and human rights 2015, para. 56a
- Paragraph text
- [The challenge of putting questions of resources and redistribution back into the human rights equation has several dimensions:] The nature of the obligation to ensure respect for civil and political rights has been treated all too often as implying that resource considerations are not relevant in evaluating governmental compliance with the relevant international obligations. In other words, questions of the availability of resources and equality of access to those resources were largely eliminated from the most vibrant parts of the international human rights system, and relegated instead to the minor league discussions about economic, social and cultural rights. In the latter context, ironically, they were given overwhelming importance, such that the qualification contained in the International Covenant on Economic, Social and Cultural Rights that a State's obligations extended only to the maximum of its available resources is often invoked to excuse basic non-compliance;
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Economic Rights
- Environment
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2015
Paragraphe
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.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Environment
- Health
- Année
- 2016
Paragraphe
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.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Health
- Année
- 2016
Paragraphe
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.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Année
- 2016
Paragraphe
Extreme inequality and human rights 2015, para. 20
- Paragraph text
- Inequalities, political capture and the exercise of civil and political rights are closely connected. According to the World Bank, "unequal distributions of control … of political influence perpetuate institutions that protect the interests of the most powerful, sometimes to the detriment of the personal and property rights of others". Writing about the United States, where income inequality is at a historic high, Mr. Stiglitz has argued that the right to participate in the democratic process remains effectively unfulfilled for many poor Americans: "While the days of outright exclusion from the voting process are mostly behind us in the United States, there remains a steady stream of initiatives to limit participation, invariably targeting the poor and less well connected. … The result is that one in four of those eligible to vote - 51 million Americans or more - are not registered." Paul Krugman has written that "extreme concentration of income is incompatible with real democracy".
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Economic Rights
- Equality & Inclusion
- Poverty
- Personnes concernées
- All
- Année
- 2015
Paragraphe
Extreme inequality and human rights 2015, para. 25
- Paragraph text
- Although many forms of discrimination are inherently unjust, the correlation between gender-based discrimination and economic inequalities deserves special mention since it potentially affects half of the world's population. While both men and women may experience myriad inequalities, based on factors such as their race, ethnicity, sexual orientation or disability, gender-based discrimination is too often seen to be almost exclusively a women's problem. In its World Development Report 2012, the World Bank describes the forms of discrimination that still exist in many countries and that directly affect economic inequality between men and women. According to the World Bank, men and women still have different ownership rights in at least nine countries, and in many countries, women and girls still have fewer inheritance rights than men and boys. In addition, women continue to fare badly in the labour market generally. A stocktaking by the United Nations Entity for Gender Equality and the Empowerment of Women (UN-Women) shows that almost 80 countries maintain restrictions on the types of work that women are permitted to undertake. Also according to UN-Women, at the global level, women's labour force participation rates have stagnated since the 1990s. Currently, only half of women are in the labour force compared to more than three quarters of men. Despite considerable regional variations, nowhere has this gender gap been eliminated: globally, women earn on average 24 per cent less than men. In one study of four countries, lifetime income gaps between women and men were estimated to be between 31 and 75 per cent.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Gender
- Personnes concernées
- Boys
- Girls
- Men
- Women
- Année
- 2015
Paragraphe
Extreme inequality and human rights 2015, para. 31
- Paragraph text
- Economic inequalities also have an impact on the realization of the right to water. In a 2012 report, the Secretary-General cited an analysis of data from 35 countries in sub-Saharan Africa that found that access to improved sources of water varied from 94 per cent among the richest 20 per cent in urban areas to 34 per cent among the poorest 20 per cent in rural areas (see A/67/394, para. 29). In another study, it was found that the "rate of progress in access to water and sanitation is very uneven among wealth quintiles in many countries, with the poorest two quintiles frequently experiencing lack of improvement while other quintiles experience significant advances".
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Water & Sanitation
- Personnes concernées
- All
- N.A.
- Année
- 2015
Paragraphe
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.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Humanitarian
- Personnes concernées
- All
- Année
- 2016
Paragraphe
The UN responsibility for the cholera outbreak in Haiti 2016, para. 83
- Paragraph text
- First and foremost, there should be an apology and an acceptance of responsibility in the name of the Secretary-General.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2016
Paragraphe
The World Bank and human rights 2015, para. 63
- Paragraph text
- The last of those claims is reflected in the following statement: "In fact, it has been possible to integrate human rights (using principles derived from the human rights framework) without an explicit approach, as can be seen in the work of some of the international financial institutions." But the very next sentence in the same report provides a compelling rebuttal of that very claim: "A potential shortcoming of such an approach is the risk of 'rhetorical repackaging,' which involves a superficial use of human rights terms in development without a full incorporation of human rights obligations or principles".
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2015
Paragraphe
Marginality of economic and social rights 2016, para. 12
- Paragraph text
- 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.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2016
Paragraphe
The UN responsibility for the cholera outbreak in Haiti 2016, para. 89
- Paragraph text
- Going forward, the role of Member States will be absolutely crucial. Although more lives have been lost in Haiti to cholera than were lost in the entire Ebola epidemic in Africa, too many States have so far wrongly assumed that the case of Haiti is too hard to resolve. States that provide substantial support to the peacekeeping budget, particularly the United States, which is the principal contributor, should actively champion a resolution to this ongoing crisis that respects the rights of the victims and best serves the reputational and other interests of the United Nations. A failure to do so will cause irreparable harm to the Organization and the esteem in which it is held around the world.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Health
- Humanitarian
- Année
- 2016
Paragraphe
Marginality of economic and social rights 2016, para. 18
- Paragraph text
- There is also the question of the legitimacy of the overall human rights enterprise. The economic and social rights framework is increasingly portrayed by critics as being toothless and ineffectual and bringing small or no returns in terms of social justice. Based on such critiques, commentators have argued that only a radically different, non-human rights-based, language could meaningfully address these challenges, that economic and social rights mandates are diverting resources away from the rights that matter, that only political parties and social movements and not human rights groups have the potential to achieve social justice objectives, and that free markets and private enterprise hold the key to economic and social rights in the wake of clear governmental failures in this domain.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Economic Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- N.A.
- Année
- 2016
Paragraphe
Marginality of economic and social rights 2016, para. 26
- Paragraph text
- In support of the view that specific recognition is not required, it might be argued that if a treaty envisages such recognition, it would say so explicitly. Thus treaties dealing with torture, genocide, war crimes or crimes against humanity call not just for legislative recognition of the norm, but also for explicit criminalization of particular conduct. The Convention on the Elimination of All Forms of Discrimination against Women unequivocally requires States parties "to embody the principle of the equality of men and women in their national constitutions or other appropriate legislation" (art. 2 (a)). It further obliges them "to ensure, through law and other appropriate means, the practical realization of this principle."
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- Men
- Women
- Année
- 2016
Paragraphe
Marginality of economic and social rights 2016, para. 43
- Paragraph text
- 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.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2016
Paragraphe
Marginality of economic and social rights 2016, para. 50
- Paragraph text
- Because of its universality and its integrated approach to the human rights agenda, the universal periodic review process is an especially important indicator of governmental concerns and priorities. A thorough review of the operation of the process since its inception raises concern about both the quantity and quality of economic, social and cultural rights-related recommendations. Only one out of five recommendations adopted have been specifically concerned with economic, social and cultural rights. Only 11 per cent of the recommendations put forward by the regional group that have made, by far, the most recommendations overall dealt with economic, social and cultural rights. For other regions, the figures were 20 to 30 per cent. Even more problematic, two thirds of the recommendations relating to economic, social and cultural rights called for only general action, as opposed to any specific outcome. These results are consistent with the Special Rapporteur’s own survey, which indicated that up and including the twenty-second session of the Human Rights Council, 1,031 economic and social rights-related recommendations had been made. Of these, over 20 per cent called for ratification of the Covenant or the Optional Protocol, or withdrawal of reservations made at the time of ratification. Thirty-three recommendations called for greater cooperation with United Nations bodies working on economic, social and cultural rights; 182 called for legislative action on one or more specific economic and social rights, but almost none of these focused on specific legislative recognition of economic and social rights as human rights. Only 13, or 1.26 per cent, of the relevant recommendations specifically requested a State to take measures to guarantee the status of economic, social and cultural rights through constitutional amendments, enactment of legislation or by giving national courts jurisdiction to provide remedies for economic and social rights violations.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- N.A.
- Année
- 2016
Paragraphe
Marginality of economic and social rights 2016, para. 24
- Paragraph text
- Much of the literature on economic and social rights has focused on the extent to which these rights have actually been recognized not in legislation, but through constitutional entrenchment, which is consistently assumed to be a far more significant step. While that is important, it has not been considered by the Committee to be an indispensable element, especially because of the great variety of State constitutional traditions and approaches. In any event, constitutional recognition will generally need to be supplemented by legislation. The question that then arises is, under what circumstances would legislation not be required? In part the answer will depend on the legal system in question, so that a State that makes extensive use of decrees or regulations or some other form of instrument that is not considered to be legislative in nature might be able to demonstrate that it meets the legal recognition requirement in an appropriately formal and legally meaningful way, even in the absence of legislation. But such cases are likely to be relatively rare.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2016
Paragraphe
Marginality of economic and social rights 2016, para. 29
- Paragraph text
- The principle of accountability provides the overarching rationale for the establishment of an international human rights regime. It operates at two levels. One involves State accountability to the international community, which has been promoted through the creation of monitoring mechanisms such as the Committee on Economic, Social and Cultural Rights and the universal periodic review process, and through regional mechanisms. The other involves ensuring that governments are accountable to their citizens and other rights holders. The right to a remedy is recognized in the Universal Declaration of Human Rights and international human rights law has attached particular importance to developing an understanding of the right to adequate, effective, prompt and appropriate remedies, including reparations. Remedies have also been highlighted in transitional justice contexts. In relation to economic, social and cultural rights, the Committee on those rights has stated in its general comment No. 9 that "appropriate means of redress, or remedies, must be available to any aggrieved individual or group, and appropriate means of ensuring governmental accountability must be put in place" (para. 2).
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2016
Paragraphe
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.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- N.A.
- Année
- 2016
Paragraphe
Marginality of economic and social rights 2016, para. 63
- Paragraph text
- A conception of human rights that implicitly accepts a radical hierarchical distinction between the two sets of rights - civil and political rights, and economic, social and cultural rights - is one that is fundamentally incompatible with international human rights law. Just as importantly, it offers no solution to the increasingly urgent challenges posed by radical and growing inequality and widespread material deprivation in a world of plenty. The economic and social rights agenda is thus too important, and its neglect has too many powerfully negative implications for the overall human rights enterprise, for it to be marginalized by mainstream actors and left to a handful of specialist groups to struggle to give it the place that law and justice demand.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- N.A.
- Année
- 2016
Paragraphe
The right to participation of people living in poverty 2013, para. 86a (viii)
- Paragraph text
- [In order to comply with their human rights obligations regarding the right to participation, the Special Rapporteur recommends States undertake the following actions:] Legal and institutional framework: Strengthen protection of individuals and non-governmental organizations that work with and advocate for those living in poverty; recognizing the right to act collectively; and prevent and punish any reprisal against those who exercise their right to participation.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Poverty
- Personnes concernées
- N.A.
- Année
- 2013
Paragraphe
Marginality of economic and social rights 2016, para. 20
- Paragraph text
- States' obligations under human rights treaties are described in different ways in different treaties. In civil and political rights contexts, the obligation is to respect and to ensure, whereas economic, social and cultural rights standards reflect an obligation to recognize the rights and take steps to realize them progressively. In spelling out those obligations, international bodies and commentators have commonly identified duties to protect, respect and fulfil.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- N.A.
- Année
- 2016
Paragraphe
Marginality of economic and social rights 2016, para. 66
- Paragraph text
- Many human rights proponents seem to prefer not to engage in these debates for fear that doing so would be a lost cause and that economic and social rights would be discredited or disowned rather than just marginalized or neglected. But that strategy leads to the same result in practical terms, except that the illusion is maintained that economic and social rights are an integral, even indivisible, part of the overall human rights framework.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Economic Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- N.A.
- Année
- 2016
Paragraphe
Access to justice for people living in poverty 2012, para. 96
- Paragraph text
- [States should:] Ensure that civil society and community-based organizations are able and supported to advocate for the rights and inclusion of persons living in poverty, undertake non-formal legal education, disseminate general legal information and serve as independent monitors of judicial systems
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Poverty
- Personnes concernées
- All
- Année
- 2012
Paragraphe
The right to participation of people living in poverty 2013, para. 39
- Paragraph text
- To fully respect dignity and autonomy, participatory processes must be meaningful for those living in poverty and they should be able to exert influence over the final outcome. They should be included in all stages of the relevant decision-making processes so that they have the chance to set priorities or question the agenda in fundamental ways.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Poverty
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2013
Paragraphe
The UN responsibility for the cholera outbreak in Haiti 2016, para. 27
- Paragraph text
- The bottom line is that continued United Nations reliance on the argument that the scientific evidence is ambiguous or unclear as a way of avoiding legal responsibility is no longer tenable. It might possibly have been defensible in 2010 or even 2011, but subsequent research has provided as clear a demonstration of responsibility as is scientifically possible. If the United Nations chooses to continue to contest this conclusion, it should establish an independent inquiry without delay.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2016
Paragraphe
The World Bank and human rights 2015, para. 67
- Paragraph text
- Finally, it is not necessary in the present report to repeat the powerful ethical, legal and instrumentalist arguments that have been made in the extensive literature on integrating human rights into development policies and programmes. Ironically, nowhere have the arguments been more systematically explored than in the World Bank's own publication on integrating human rights into development, produced in collaboration with OECD.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2015
Paragraphe
Taxation and human rightss 2014, para. 19
- Paragraph text
- The right to self-determination also underlines the rights of all peoples to "freely pursue their economic, social and cultural development" and the duty of States to respect that right. This has clear implications for activities that undermine the ability of other States to raise revenue and fund their own development.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2014
Paragraphe
Extreme inequality and human rights 2015, para. 40
- Paragraph text
- Economic inequalities have long been a focus of analysis within the United Nations human rights system. But despite the various reports by different special rapporteurs calling attention to the problems associated with extreme inequality, little has been done to follow up on any of the studies or recommendations.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Personnes concernées
- N.A.
- Année
- 2015
Paragraphe
Access to justice for people living in poverty 2012, para. 63
- Paragraph text
- Women face compounded difficulties in accessing legal aid in criminal and civil matters. This has a particular impact on poor female victims of criminal offences such as domestic violence, or those pursuing divorce, child custody or land inheritance.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Economic Rights
- Gender
- Violence
- Personnes concernées
- Women
- Année
- 2012
Paragraphe
Penalization of people living in poverty 2011, para. 28
- Paragraph text
- This section outlines some examples of the consequences of penalization measures for the enjoyment of a number of human rights, in order to demonstrate how such measures have numerous complex and interlinked ramifications for persons living in poverty.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Poverty
- Social & Cultural Rights
- Personnes concernées
- N.A.
- Année
- 2011
Paragraphe
The right to participation of people living in poverty 2013, para. 41
- Paragraph text
- Non-discrimination and equality are core elements of the international human rights framework. These principles must be respected in all stages of the participatory process, from selection of the participants to evaluation.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2013
Paragraphe
Extreme poverty and human rights on universal basic income 2017, para. 2
- Paragraph text
- The focus of the present report is on the idea of replacing or supplementing existing social protection systems with a universal basic income (“basic income”). In recent months, this proposal has drawn increased attention from governments, scholars, and practitioners in a range of different fields, and four major books on the subject have been published in rapid succession. As a report of the Government of India concluded, if “thinkers on both the extreme left and right” have all become basic income supporters, then it is “a powerful idea” which must be discussed seriously, even if that report concludes that the time has not yet come for its implementation. Before exploring the details of the concept and its relationship to human rights, consideration needs to be given to the context in which the proposal has attracted such attention.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2017
Paragraphe
Extreme poverty and human rights on universal basic income 2017, para. 17
- Paragraph text
- Proposals for a form of basic income have been floated by thinkers for centuries. Proponents of the idea trace its historical origins back to Sir Thomas More’s Utopia (1516), Johannes Vives’s On Assistance to the Poor (1526), and the works of the Marquis de Condorcet, Charles Fourier, Victor Considerant, John Stuart Mill, Bertrand Russell, George Cole, Herbert Simon, and various other political scientists, economists, and public intellectuals. Perhaps the most detailed and specific early set of plans for basic income and related social protection arrangements was put forward by Thomas Paine, a key figure in both the French and American revolutions, in The Rights of Man (1792) and Agrarian Justice (1797).
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Economic Rights
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2017
Paragraphe
Extreme poverty and human rights on universal basic income 2017, para. 7
- Paragraph text
- 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.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Economic Rights
- Governance & Rule of Law
- Personnes concernées
- All
- N.A.
- Année
- 2017
Paragraphe
Extreme poverty and human rights on universal basic income 2017, para. 26
- Paragraph text
- Philosophers on the left, such as Kathi Weeks, have defended basic income from an autonomist Marxist perspective, arguing that it “attempts to address … the realities of post-Fordist work, to offer a measure of security in an economy of precariousness”. The philosopher Michael Howard supports basic income, claiming that it is not incompatible with Marxism or socialism and should be combined with strategies for full employment. But others on the left have been critical. Alex Gourevitch argues that basic income is neither a necessary nor a sufficient condition for eliminating authoritarian work conditions, which he sees as the biggest challenge.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2017
Paragraphe
Extreme poverty and human rights on universal basic income 2017, para. 31d
- Paragraph text
- [While the present report has thus far addressed a more or less generic approach to basic income, the reality is that there are a great many variations on the theme and that trying to distinguish them from one another, and then from other social protection schemes, is a major challenge. Following the analysis of David Piachaud, it is helpful to divide the various proposals into four different types:] A full basic income involves the characteristics set out above in part II, section A — namely an income that is basic, individual, cash, regular, universal and unconditional. Nowhere in the world has such a scheme yet been implemented. One was considered in Finland, at a level of €1,000 per month, but concern was expressed about “possible work disincentives, conflicts with earnings-related unemployment security, political controversies, high costs, regional differences in housing costs and possibly the lack of legitimacy”, with the level “too high for some groups and too low for the others”.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2017
Paragraphe
Extreme poverty and human rights on universal basic income 2017, para. 37
- Paragraph text
- As for similarities, some existing non-contributory programmes in developed countries are already close to the concept of basic income. Many European countries, for example, have universal child-benefit systems that transfer cash to parents with few, if any, conditions attached and that are paid from public funds to all parents with children of a certain age, even if benefit levels might vary according to the number of children or the income of the parents. The main difference between basic income and such programmes appears to be that the latter restrict payments to specific groups such as children or the elderly.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Social & Cultural Rights
- Personnes concernées
- Children
- Families
- Année
- 2017
Paragraphe
Extreme poverty and human rights on universal basic income 2017, para. 31b
- Paragraph text
- [While the present report has thus far addressed a more or less generic approach to basic income, the reality is that there are a great many variations on the theme and that trying to distinguish them from one another, and then from other social protection schemes, is a major challenge. Following the analysis of David Piachaud, it is helpful to divide the various proposals into four different types:] A partial basic income is limited, such as to a particular group of recipients. For example, the Netherlands and New Zealand both have universal basic pensions, under which all persons above a certain age receive an income without means testing.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2017
Paragraphe
Extreme poverty and human rights on universal basic income 2017, para. 31c
- Paragraph text
- [While the present report has thus far addressed a more or less generic approach to basic income, the reality is that there are a great many variations on the theme and that trying to distinguish them from one another, and then from other social protection schemes, is a major challenge. Following the analysis of David Piachaud, it is helpful to divide the various proposals into four different types:] A supplemental basic income involves the introduction of a modest basic income alongside the existing social security system. Some commentators do not distinguish between partial and supplemental income. A Finnish pilot project, for example, describes partial income as involving a level of benefit that is “substantially lower” and not aiming to replace other current transfers “to the same extent as in full basic income”. Partial and supplemental basic income approaches can also overlap. The Finnish pilot provides €560 over a two-year period (2017-2018) to some 1,500 randomly selected individuals who are aged between 25 and 58 years and are already receiving a labour market subsidy or basic unemployment allowance. The payment is automatic, unconditional and not means-tested. Consistent with Van Parijs’s approach, the basic income payment substitutes only for existing benefits that are lower than it. It can therefore be cumulated with existing earnings-related benefits and housing allowances. Thus, the Finnish model is partial in the sense that it has been targeted at a specific recipient group on the basis of age and income, and it is supplemental in the sense that it does not completely replace the existing social security system. The preliminary report concluded that the deficiencies of the partial basic income are that it would not substantially change the current system or reduce bureaucracy, it would not solve incentive problems arising from a generous housing allowance, and it is a low amount, especially for single parents.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2017
Paragraphe
Extreme poverty and human rights on universal basic income 2017, para. 39
- Paragraph text
- The past two decades have seen a dramatic increase in cash transfer programmes in low- and middle-income countries, including conditional cash transfers and unconditional cash transfers. The World Bank, which strongly supports conditional cash transfers, defines them as “periodic monetary benefits to poor households that require beneficiaries to comply with specific behavioural requirements to encourage investments in human capital (such as school attendance, immunization, and health check-ups)”. Unconditional cash transfers have no such strings attached. The largest conditional cash transfer in the world is Bolsa Família in Brazil, with more than 70 million beneficiaries, while the largest unconditional cash transfer is Dibao in China, with about 75 million beneficiaries. Conditional cash transfers have long been considered a hallmark of Latin American countries. While African countries have focused more on unconditional cash transfers, conditional cash transfers have expanded in Africa in recent years, albeit with relatively “soft” conditions attached.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Economic Rights
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2017
Paragraphe
Extreme poverty and human rights on universal basic income 2017, para. 56
- Paragraph text
- Cost calculations for Canada are also revealing. If existing Canadian “de facto” basic income programmes (such as Canada Child Benefit for children, the Guaranteed Income Supplement for the elderly and sales tax credits for working adults), quasi-basic income programmes, earned income tax credits, social assistance and employment insurance were all cancelled, the savings could support a basic income for all Canadians (depending on which programmes were scrapped) of between Can$ 2,655 and Can$ 3,565 per year, with between roughly 1.7 and 1.9 million Canadians falling below the poverty line. Under a scenario in which all existing programmes were kept in place and a supplemental universal basic income was paid to all Canadians of Can$ 1,000 per year, 719,000 Canadians would be taken out of poverty, but at a net cost of Can$ 29.2 billion (equalling Can$ 40,886 per person). To pay for this, the Canadian rate of value added tax would have to be increased from 5 per cent to 9 per cent or income taxes would have to be increased by 20 per cent.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Poverty
- Personnes concernées
- Children
- Older persons
- Année
- 2017
Paragraphe
Extreme poverty and human rights on universal basic income 2017, para. 63
- Paragraph text
- Similarly, an ILO report entitled Decent Work in Global Supply Chains responded to the “negative implications for working conditions” of “the dynamics of production and employment relations within the global economy” by proposing a series of steps such as promoting international labour standards, closing governance gaps and promoting inclusive and effective social dialogue. Unsurprisingly, after lengthy debate on the report, the 2016 International Labour Conference expressed its “concern that current ILO standards may not be fit for purpose to achieve decent work in global supply chains”.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Personnes concernées
- N.A.
- Année
- 2017
Paragraphe
The implementation of the right to social protection through the adoption of social protection floors 2014, para. 19
- Paragraph text
- There have also been many such initiatives in the Asia-Pacific region, as illustrated by the declaration in October 2013 of the Association of Southeast Asian Nations on strengthening social protection that "everyone is entitled to equitable access to social protection, based on a rights-based, needs-based, life-cycle approach and covering essential services as needed". In the declaration member States also committed to strive to extend coverage, availability, quality, equitability and sustainability of social protection and gradually promote it, to ensure optimum benefits.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2014
Paragraphe
The implementation of the right to social protection through the adoption of social protection floors 2014, para. 46
- Paragraph text
- Human rights proponents seeking to defend the draft might argue that issues such as non-discrimination and equality are reflected in it and that specific goals such as making "free, equitable and quality" education available to all and achieving "universal and equitable access to safe and affordable drinking water for all" can act as surrogates for the recognition of the respective rights. As argued above, however, recognition of rights empowers all individuals, imposes real obligations on Governments and brings with it an agreed framework for implementation.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Education
- Equality & Inclusion
- Personnes concernées
- All
- Année
- 2014
Paragraphe
The implementation of the right to social protection through the adoption of social protection floors 2014, para. 47
- Paragraph text
- Poverty eradication, by contrast, is an important focus. The draft proclaims that: "Poverty eradication is the greatest global challenge facing the world today" and accordingly Goal 1 is "to end poverty in all its forms everywhere." The specifics that follow, however, leave much to be desired. Proponents of the Social Protection Floor Initiative can take some consolation from the fact that social protection is mentioned three times. It is identified as a means by which to recognize and value unpaid care and domestic work (target 5.4) and is proposed as a means of promoting greater equality, along with fiscal and wage policies (target 10.4). The main provision of relevance calls upon States to "implement nationally appropriate social protection systems and measures for all, including floors, and by 2030 achieve substantial coverage of the poor and the vulnerable" (target 1.3). That is a mixed bag. The fact that the social protection measures called for are "for all" implies universality and the fact that "floors" are listed as one means by which this might be achieved is a nod in the direction of the Initiative. However, the draft clearly avoids giving any specific endorsement to the Initiative and says nothing about minimum guarantees, legal entrenchment or rights and the goal set to be achieved over a period of 15 years is determinedly vague and open-ended. In short, it is far more consistent with the social safety net philosophy than with the social inclusion and rights-based approach of the Initiative.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Poverty
- Social & Cultural Rights
- Personnes concernées
- All
- N.A.
- Année
- 2014
Paragraphe
Taxation and human rightss 2014, para. 43
- Paragraph text
- The quality, accessibility and availability of goods and services needed for the realization of human rights, such as the rights to an adequate standard of living, health, education and social security, will hinge on the resources that the State is able to collect. According to the United Nations Educational, Scientific and Cultural Organization (UNESCO), strengthening tax systems is vital to guarantee the right to education. Many of the countries furthest from achieving the widespread enjoyment of the right to education do not, however, tap their tax bases sufficiently.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Education
- Equality & Inclusion
- Personnes concernées
- All
- Année
- 2014
Paragraphe
The importance of social protection measures in achieving Millennium Development Goals (MDGs) 2010, para. 26
- Paragraph text
- Several studies indicate a strong positive correlation between a family's vulnerability to economic shocks and a child's early entry into the labour market and reduced school attendance. A family that experiences a severe shock, for example, may have to remove a child from school in order to send him or her to work. Evidence from Latin America suggests that greater family access to risk management instruments, such as unemployment benefits or disability benefits, directly reduces the prevalence of child labour.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Personnes concernées
- Children
- Families
- Année
- 2010
Paragraphe
Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 91
- Paragraph text
- Increasing participation in policymaking allows States to assess more adequately the root causes of deprivation in any given community, the structural challenges to poverty alleviation, the local cultural, ethnic or societal obstacles to successful poverty reduction, and the best means of reaching the most vulnerable. It therefore increases the likelihood that policies will be effective in reaching the poorest members and segments of society and will improve their degree of enjoyment of human rights.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Poverty
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2011
Paragraphe
Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 99
- Paragraph text
- In their negotiations and agreements with international financial institutions, States' obligations under the International Covenant on Economic, Social and Cultural Rights should be taken into account to ensure that economic, social and cultural rights are not undermined. In the context of responding to the crises, States must take care not to agree to loan conditions that might compromise their ability to meet their obligations regarding the realization of human rights.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2011
Paragraphe
Access to justice for people living in poverty 2012, para. 42
- Paragraph text
- When judicial systems receive inadequate financial and human resource allocations from State budgets, police stations, prosecution corps and courthouses are understaffed and poorly equipped, and benches are deprived of adequate numbers of judges. The result is serious neglect and even mistreatment of those seeking justice, which is more pronounced for the most disadvantaged, whose cases are usually underprioritized. Again, this frequently has an especially harsh impact on women, as often the criminal justice and legal system lacks capacity to ensure a swift, fair and gender-sensitive approach.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Gender
- Governance & Rule of Law
- Personnes concernées
- Women
- Année
- 2012
Paragraphe
Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 33
- Paragraph text
- The above-mentioned groups have suffered and continue to suffer the cumulative effects of previous crises and are in an increasingly weak and vulnerable situation. They have exhausted their coping mechanisms, such as eating fewer meals, cutting health expenditures, taking their children out of school and increasing working hours in the informal sector, and are left with very limited capacity for resilience. Their situation is further compounded by the current spike in food prices, which is forcing those living in poverty to buy even less expensive and less nutritious food.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Food & Nutrition
- Poverty
- Personnes concernées
- All
- Children
- Année
- 2011
Paragraphe
Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 59
- Paragraph text
- Increasing inequalities and food insecurity, the declining availability of natural resources and unpredictable changes to climate patterns are likely to increase the potential for social unrest throughout the world. Any recovery plan must anticipate these challenges and assume that there will be many more crises to recover from. What is needed, therefore, is human rights-based change that directly addresses the long-term structural barriers to equality and sets the foundations for a sustainable, socially inclusive society.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Environment
- Food & Nutrition
- Humanitarian
- Personnes concernées
- All
- Année
- 2011
Paragraphe
Unpaid care work and women's human rights 2013, para. 48
- Paragraph text
- The right to social security provides that all persons have the right to equal enjoyment of adequate protection from social risks and contingencies, through contributory (social insurance) or non-contributory (social assistance) schemes, without discrimination of any kind. Social security benefits such as old age pensions, child benefits and unemployment benefits, while not directly providing care, can play an important role in helping households purchase essential inputs (food, school materials, and health services) or to pay for care services where necessary.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Economic Rights
- Equality & Inclusion
- Health
- Social & Cultural Rights
- Personnes concernées
- Children
- Older persons
- Année
- 2013
Paragraphe
Unpaid care work and women's human rights 2013, para. 77
- Paragraph text
- Labour rights should also be enshrined in law, including regulation of the length of the working day, minimum wage and rights to social security for all workers, including informal workers, domestic workers and community care workers. The right to maternity and parental leave should also be enshrined in legislation. All workers, regardless of gender, employment status, company size or the specific nature of their care relationship, should enjoy a legal right to request flexible working, with recourse to an independent appeal system.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Personnes concernées
- All
- Année
- 2013
Paragraphe
The right to participation of people living in poverty 2013, para. 38
- Paragraph text
- Respect for the inherent dignity of those living in poverty must inform all participatory processes and strategies, and each person's expertise, experience and input must be valued. First and foremost, participation must be premised on the recognition of each person as a valid speaking partner with a unique and valuable knowledge to contribute. Participatory processes should begin with and be premised on the understandings and perspectives of people living in poverty, and give value to these, rather than assuming that they will comply with officials' assumptions, methods or thinking.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Poverty
- Personnes concernées
- All
- Année
- 2013
Paragraphe
The right to participation of people living in poverty 2013, para. 20
- Paragraph text
- This report focuses on the intrinsic value of participation as a fundamental right to which individuals are inherently entitled by virtue of their humanity. This right to take part and exert influence in decision-making processes that affect one's life is inextricably linked to the most fundamental understanding of being human and the purpose of rights: respect of dignity and the exercise of agency, autonomy and self-determination. The right to participation imposes concrete obligations on States voluntarily assumed in several binding human rights instruments.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2013
Paragraphe
Unpaid care work and women's human rights 2013, para. 67
- Paragraph text
- Women's migration generally does not prompt changes in the sexual division of labour; the extra unpaid care responsibilities usually fall to older women and girls within the household or community. These global care chains reflect and, in some ways, exacerbate enormous inequalities in terms of class, gender and ethnicity. The people who make up the chains, from the first to the last link, are almost exclusively female, often belong to an ethnic minority in their destination country, and generally cannot rely on State support for their care responsibilities.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Economic Rights
- Gender
- Movement
- Personnes concernées
- Girls
- Older persons
- Women
- Année
- 2013
Paragraphe
The right to participation of people living in poverty 2013, para. 16
- Paragraph text
- Through meaningful and effective participation, people can exercise their agency, autonomy and self-determination. Participation also limits the capacity of elites to impose their will on individuals and groups who may not have the means to defend their interests. Conceived as a right, participation is a means of challenging forms of domination that restrict people's agency and self-determination. It gives people living in poverty power over decisions that affect their lives, transforming power structures in society and creating a greater and more widely shared enjoyment of human rights.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Poverty
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2013
Paragraphe
Extreme poverty and human rights on universal basic income 2017, para. 20
- Paragraph text
- In recent years, there has been a strong resurgence in support for the idea of a basic income. Its advocates include philosophers, economists, politicians, Silicon Valley entrepreneurs, trade union leaders, futurists and others, and in addition to concerted promotional efforts by civil society groups, support has come from within governments in countries as diverse as Finland and India. Most strikingly, basic income proponents come from many different positions on the political spectrum, ranging from libertarians to socialists.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2017
Paragraphe
Extreme poverty and human rights on universal basic income 2017, para. 8e
- Paragraph text
- [The present report is premised on the view that the human rights movement needs to address and respond to the fundamental changes that are taking place in economic and social structures at the national and global levels. These include, among others:] The ascent of a new neoliberal agenda, which involves further fetishization of low tax rates, demonization of the administrative State, deregulation as a matter of principle, and the privatization of remaining State responsibilities in the social sector, risks leaving the State in no position to protect or promote social rights meaningfully.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Economic Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- N.A.
- Année
- 2017
Paragraphe
Penalization of people living in poverty 2011, para. 82e
- Paragraph text
- [In this context, the Special Rapporteur wishes to present the following recommendations:] Access to legal representation is of utmost importance and underpins all forms of penalization of persons living in poverty. States shall ensure quality legal aid for the poorest segments of society, not only for criminal proceedings but also with respect to issues which are particularly relevant for persons living in poverty, such as social benefit appeals, eviction and child protection procedures;
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Poverty
- Social & Cultural Rights
- Personnes concernées
- Children
- Année
- 2011
Paragraphe
Social protection and old age poverty 2010, para. 110
- Paragraph text
- States must prioritize the protection of the most disadvantaged and marginalized individuals and groups in social security systems. Universal social pensions are in line with human rights standards as they reduce opportunities for the unfair exclusion of potential beneficiaries. When poverty-targeted pension schemes are adopted, States must ensure they are fair, effective and transparent, include safeguards against discrimination and constitute a clear step on the road to universal coverage.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Economic Rights
- Equality & Inclusion
- Poverty
- Social & Cultural Rights
- Personnes concernées
- Older persons
- Année
- 2010
Paragraphe
Extreme poverty and human rights on universal basic income 2017, para. 72
- Paragraph text
- Fourth, the implications for gender equality from growing economic insecurity are almost unremittingly negative. It remains true that “the average woman’s career remains shorter, more disrupted and less remunerative than the average man’s”, and the consequences flow through into social security and related arrangements. Proponents of women’s human rights need to become more involved in debates over social protection and basic income.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Economic Rights
- Gender
- Social & Cultural Rights
- Personnes concernées
- Women
- Année
- 2017
Paragraphe
Access to justice for people living in poverty 2012, para. 96
- Paragraph text
- [States should:]
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2012
Paragraphe
The implementation of the right to social protection through the adoption of social protection floors 2014, para. 23g
- Paragraph text
- [At the international level, definitional issues continue to be controversial, especially in terms of whether social protection floors should be seen as a matter of human rights and whether they should be universal and unconditional. Before examining those dimensions, it is appropriate to take note of the approach reflected in ILO recommendation No. 202. As the culmination of many initiatives, both within and well beyond the ILO context, it has become the principal benchmark against which social protection floors should be designed, implemented and evaluated. The main elements of recommendation No. 202 are as follows:] While social protection floors should be financed by national resources, international support should be available when needed.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- N.A.
- Année
- 2014
Paragraphe
The implementation of the right to social protection through the adoption of social protection floors 2014, para. 15
- Paragraph text
- While tracing the history of the evolution of the concept of social protection floors through the lens of international organizations is a common approach in the literature, it must be observed that it is both surprisingly ahistorical and gives insufficient weight to the political economy that facilitated the evolution of support for it. It is ahistorical especially to the extent that it underestimates the gradual and cumulative ways in which national initiatives, especially in developing countries, created the conditions in which pioneering national programmes could emerge. Those programmes often ran in very different directions from the policies being advocated by the international community. Since the late 1990s, a diverse range of countries in the global South have developed innovative programmes for social protection, which look very different from the more traditional approaches developed in the North.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- N.A.
- Année
- 2014
Paragraphe
Taxation and human rightss 2014, para. 79e
- Paragraph text
- [States must realize the full potential of tax collection as a tool to generate revenue for the fulfilment of human rights obligations and to redress discrimination and inequality. Human rights principles regarding participation, transparency, accountability and non-discrimination should be followed throughout the whole revenue-raising cycle. For this purpose, States should:] Conduct human rights assessments of fiscal policy periodically and with broad public participation, including analysis of the distributional consequences and tax burden borne by different income sectors and disadvantaged groups;
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2014
Paragraphe
Taxation and human rightss 2014, para. 79k
- Paragraph text
- [States must realize the full potential of tax collection as a tool to generate revenue for the fulfilment of human rights obligations and to redress discrimination and inequality. Human rights principles regarding participation, transparency, accountability and non-discrimination should be followed throughout the whole revenue-raising cycle. For this purpose, States should:] Ensure accessible channels for accountability and remedy for any negative human rights impact of fiscal policy, including by strengthening the capacity of the judicial system and national human rights institutions to address fiscal policy;
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2014
Paragraphe
Taxation and human rightss 2014, para. 14
- Paragraph text
- The discrimination prohibited under international human rights law includes any distinction, exclusion, restriction or preference or other differential treatment that has the intention or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of all rights. Not all differences in treatment, however, constitute discrimination. A distinction is compatible with the principles of equality and non-discrimination if the differentiation is reasonable and objective, and pursues a legitimate aim under human rights instruments, and there is a reasonable relationship of proportionality between the means employed and the aim sought.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2014
Paragraphe
Taxation and human rightss 2014, para. 25
- Paragraph text
- States must devote the "maximum available resources" to ensure the progressive realization of all economic, social and cultural rights as expeditiously and effectively as possible, even during times of severe resource constraints, whether caused by a process of adjustment, economic recession or other factors. This principle should guide the State's decisions and priorities in generating, mobilizing and allocating resources in order to permit the realization of human rights. The obligation of progressive realization independent of economic growth also exists; it requires the effective use of available resources, including potential resources that could be raised through reasonable efforts, such as taxation measures and international assistance and cooperation. Other areas are also critical for mobilizing resources, including debt and deficit financing, monetary policy and financial regulation.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Economic Rights
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2014
Paragraphe
The implementation of the right to social protection through the adoption of social protection floors 2014, para. 23a
- Paragraph text
- [At the international level, definitional issues continue to be controversial, especially in terms of whether social protection floors should be seen as a matter of human rights and whether they should be universal and unconditional. Before examining those dimensions, it is appropriate to take note of the approach reflected in ILO recommendation No. 202. As the culmination of many initiatives, both within and well beyond the ILO context, it has become the principal benchmark against which social protection floors should be designed, implemented and evaluated. The main elements of recommendation No. 202 are as follows:] The recommendation rests on a strong foundation of international human rights law, which is relatively unusual for ILO instruments. In addition to specific references to various provisions of the Universal Declaration of Human Rights and the International Covenant on Economic, Social and Cultural Rights, it calls upon States to respect "the rights and dignity of people covered by the social security guarantees";
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- N.A.
- Année
- 2014
Paragraphe
The implementation of the right to social protection through the adoption of social protection floors 2014, para. 26
- Paragraph text
- The report of the Social Protection Floor Advisory Group was especially critical of the Bank's approach and its critiques are still largely pertinent today. In the report, the Advisory Group noted that: In the social safety net approach, social policies were considered as residual to economic development. The implementation of such measures was driven by the need to provide relief to the poor and vulnerable during structural reform by cushioning the effects of the structural adjustments and facilitating political support to them. These measures were generally temporary, fragmented and targeted to the poor and vulnerable in a needs-based framework.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Poverty
- Social & Cultural Rights
- Personnes concernées
- N.A.
- Année
- 2014
Paragraphe
The implementation of the right to social protection through the adoption of social protection floors 2014, para. 34
- Paragraph text
- The fact that none of these instruments refers per se to a "right to social protection" raises the question as to whether it should be considered an existing human right, or a new one. In the past, States have understandably been very sensitive about claims that new rights have emerged without requiring specific endorsement by the international community. In this instance, the standard approach of commentators is best summed up in the formulation that: "Social protection is a human right, enshrined in multiple sources of international law." In other words, no claims are needed for novelty, nor is it necessary to argue that the whole is more than the sum of the parts. The right to social protection is thus no more than a combination of the right to social security and the right to an adequate standard of living. Nevertheless, the packaging of those two rights into a single concept is important, both because it highlights the synergy between them and facilitates the development of a package of measures to achieve their shared objectives.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- N.A.
- Année
- 2014
Paragraphe
The implementation of the right to social protection through the adoption of social protection floors 2014, para. 43
- Paragraph text
- Proponents of the Initiative have also attached great weight to instrumentalist arguments that suggest a compelling economic pay-off from social protection. The United Nations Development Group, for example, has argued that social protection "is essentially an investment in human capital, which will contribute to greater labour productivity and pro-poor economic growth in the long run" and in the Human Development Report 2014 the authors have noted that "by providing an additional and predictable layer of support, social protection programmes help households avoid selling off assets, taking children out of school or postponing necessary medical care, all detrimental to their long term well-being."
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Social & Cultural Rights
- Personnes concernées
- Children
- Année
- 2014
Paragraphe
The implementation of the right to social protection through the adoption of social protection floors 2014, para. 59
- Paragraph text
- In the realms of human rights and the Initiative, the current draft of the post-2015 agenda is a considerable disappointment. The almost complete omission of substantive references to human rights in the draft is a throwback to the United Nations development decade strategies of the 1960s and 1970s. However, they were drafted at a time when the human rights framework was in its infancy and development was seen largely as a technocratic process. Similarly, the very low standards set in relation to social protection are inconsistent with the high-flown rhetoric of ending poverty in all its forms everywhere. As it stands, the first goal proposed by the Open Working Group on Sustainable Development Goals might be considered to be in violation of deceptive advertising laws designed to protect consumers.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Poverty
- Personnes concernées
- N.A.
- Année
- 2014
Paragraphe
Taxation and human rightss 2014, para. 79f
- Paragraph text
- [States must realize the full potential of tax collection as a tool to generate revenue for the fulfilment of human rights obligations and to redress discrimination and inequality. Human rights principles regarding participation, transparency, accountability and non-discrimination should be followed throughout the whole revenue-raising cycle. For this purpose, States should:] Review tax structures, codes and instruments for explicit and implicit gender bias and ensure they do not reinforce existing gender inequalities, including through their impact on unpaid care work;
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Gender
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2014
Paragraphe
Taxation and human rightss 2014, para. 52
- Paragraph text
- In the same vein, the more a State can rely on domestic rather than external resource mobilization for its financing, the more it will be able to deploy sustainable development strategies and policies that are responsive to the needs of its people and accountable to them. Therefore, a sustainable base of domestic revenue becomes an enabling factor to exercise the right to self-determination and the right of all persons to take part in the conduct of public affairs. In this regard, it will also be crucial to build public confidence that these resources are being well used by, for example, increasing public participation and oversight of budgeting and expenditure.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Economic Rights
- Governance & Rule of Law
- Personnes concernées
- All
- N.A.
- Année
- 2014
Paragraphe
The importance of social protection measures in achieving Millennium Development Goals (MDGs) 2010, para. 40
- Paragraph text
- For example, appropriate social protection programmes could include cash transfers to those who are most vulnerable to climate change risks and have the least adaptive capacity. This could prevent them from using damaging coping mechanisms and help them to build assets and resilience through the development of more climate-resistant livelihoods, livelihood diversification or weather-indexed crop insurance. Properly designed and implemented employment guarantee schemes could be another way in which to build the resilience of vulnerable persons in the face of climate change. Social protection programmes must be among the pillars of the climate change action plans that are increasingly being formulated by Governments.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Environment
- Personnes concernées
- N.A.
- Année
- 2010
Paragraphe
The importance of social protection measures in achieving Millennium Development Goals (MDGs) 2010, para. 44
- Paragraph text
- One of the most positive initiatives aimed at strengthening global partnerships in the context of social protection is the Social Protection Floor Initiative, launched in 2009 by the United Nations System Chief Executives Board for Coordination. Identifying a number of basic human rights obligations as focal points, the Initiative helps mobilize resources and expertise to assist countries in filling critical gaps in protection. The Initiative could be understood as the minimum set of policies upon which States can build higher standards of protection once national budget capacities have increased. It could be strengthened through the greater incorporation of human rights and the broadening of its scope to all relevant actors at the country level, including civil society organizations and the private sector.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- N.A.
- Année
- 2010
Paragraphe
The importance of social protection measures in achieving Millennium Development Goals (MDGs) 2010, para. 57
- Paragraph text
- In all types of programmes, it is crucial to ensure that gender-sensitive eligibility criteria are utilized. Some administrative requirements, such as the requirement that identification or birth registration documents be shown in order to qualify for a programme, may exclude women as they are less likely to possess an identity card or to have been registered at birth. Moreover, targeting methods can be dangerous if no attention is paid to local power structures. For example, having community leaders determine who receives benefits (community targeting) can reinforce power structures, local gender norms and patron-client relations, often to the detriment of women, who are less able than men to influence decision-making processes. In some cases, community-targeted programmes have resulted in the further exclusion of already socially marginalized women.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Gender
- Personnes concernées
- Women
- Année
- 2010
Paragraphe
The importance of social protection measures in achieving Millennium Development Goals (MDGs) 2010, para. 59
- Paragraph text
- Social protection programmes must take into account and address all obstacles preventing women from gaining access to or participating in them. Childcare facilities, for example, appear to be effective in ensuring the participation of women in social protection programmes. Public-works programmes should allow for flexible working hours in order to accommodate domestic responsibilities. In addition, public-works activities could prioritize the promotion of gender-sensitive community assets (for example, facilitation of access to water, sanitation and firewood). In addition, policymakers could assess the feasibility of moving beyond employment-intensive social infrastructure projects to include some activities that might attract women while lessening their burden of unpaid work, such as child or elderly care. In any case, public work programmes must always ensure there are equal wages for men and women.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Economic Rights
- Gender
- Water & Sanitation
- Personnes concernées
- Children
- Men
- Women
- Année
- 2010
Paragraphe
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.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Health
- Social & Cultural Rights
- Année
- 2010
Paragraphe
Social protection and old age poverty 2010, para. 66
- Paragraph text
- Implementing an income- or poverty-targeted system introduces exclusion errors because the selection of beneficiaries is a complex and often controversial process. While the State has some mechanisms to minimize this (e.g. cross-checking targeting and re-targeting exercises), which can significantly increase administrative costs, the exclusion of rightful beneficiaries constitutes a violation of their right to social security. Moreover, those excluded are often the most vulnerable, as they will find it most difficult to claim for their inclusion. Targeting can also create perverse results such as encouraging older people to stop working, in order to keep the benefits.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Poverty
- Personnes concernées
- Older persons
- Année
- 2010
Paragraphe
The importance of social protection measures in achieving Millennium Development Goals (MDGs) 2010, para. 14
- Paragraph text
- Efforts to advance a development agenda based on human rights must address State obligations concerning gender equality and women's empowerment. Since several social protection programmes, such as cash or asset transfer schemes, and public-works schemes, explicitly target women, it is often assumed that gender issues are already addressed. Such targeting, however, does not mean that gender dynamics have been adequately taken into account in the design, implementation and evaluation of such programmes. Owing to existing economic, social and cultural inequalities, women face a number of obstacles that affect their ability to benefit from social protection schemes. States must therefore examine and address the roles that power and gender dynamics play in the implementation, sustainability and impact of social programmes. Otherwise, such programmes may increase the vulnerability and inequality of women, and thus fail to comply with human rights standards.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Economic Rights
- Gender
- Social & Cultural Rights
- Personnes concernées
- Women
- Année
- 2010
Paragraphe
Social protection and old age poverty 2010, para. 68
- Paragraph text
- Qualifying conditions for benefits of targeted schemes must be gender-sensitive, reasonable, objective and transparent. Particular care should be taken to ensure that it is the wealth of the older person him/herself that is assessed and not that of their household. Using household targeting methods for an individual benefit can place older persons in a disadvantageous position because of a lack of studies about household distribution of wealth. While community targeting is a method that can be implemented at reduced costs in many countries, it should also be examined carefully. Indeed, by leaving the decision of who gets the benefit to the discretion of community leaders, community targeting can reinforce power structures and patron-client relations. This can result in creating tensions between beneficiaries and others, further stigmatizing some groups.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Gender
- Personnes concernées
- Older persons
- Année
- 2010
Paragraphe
Penalization of people living in poverty 2011, para. 33
- Paragraph text
- With increasing frequency, States are also penalizing the performance of certain behaviours and actions which are associated with living on the street such as sleeping, sitting, lying, littering, lodging, camping or storing belongings in public spaces; public drunkenness; public urination; or jaywalking. Often these regulations are vaguely worded, allowing law enforcement agencies extensive discretion and enforcement authority, which threatens to violate legal and constitutional safeguards. By making these activities or behaviours illegal, States increase the exposure of persons living in poverty to abuse, harassment, violence, corruption and extortion by both private individuals and law enforcement officials.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Poverty
- Personnes concernées
- All
- Année
- 2011
Paragraphe
Penalization of people living in poverty 2011, para. 30
- Paragraph text
- Criminal or regulatory measures (e.g. ordinances) that make vagrancy and begging unlawful are becoming increasingly common across developed and developing countries. These laws take a number of forms, from legislation that prohibits the solicitation of money in any public space to that which prohibits begging at night or in an "aggressive manner". Some of these laws have a broad application, extending to the performance of any activity which might elicit money, such as performing or dancing, or exposing a wound or a deformity. In some States, it is even illegal for a person just to be in a public place and have no visible means of subsistence, such that it is likely that they stay alive by begging.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- All
- Année
- 2011
Paragraphe
Penalization of people living in poverty 2011, para. 38
- Paragraph text
- Persons living in poverty are also disproportionately subjected to police powers to impose anti-social behaviour and move-on orders, and public safety laws allowing police to "stop and search" individuals. These measures are often wide-reaching and subject to considerable discretion on the part of police officers, who make subjective judgements that do not need to meet a high burden of proof. Overwhelmingly, these regulations are targeted at the marginalized and most vulnerable and the areas and communities in which they live. Of persons living in poverty, those subject to multiple forms of discrimination are even more frequently targeted. These measures respond to and reinforce discriminatory attitudes about the likelihood of persons living in poverty partaking in criminal activity, and perpetuate the stigmatization of poverty. For example, in one country, rules for the use of the capital city metro allow police to remove people who are disturbing other passengers by, inter alia, wearing "filthy clothing".
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Poverty
- Personnes concernées
- All
- Année
- 2011
Paragraphe
Social protection and old age poverty 2010, para. 32
- Paragraph text
- In the absence of contributory social security, social assistance and, in particular, the provision of non-contributory pensions to older persons plays a central role in bridging the existing protection gap. Studies conducted in countries that have established non-contributory schemes demonstrate their positive impact on poverty indicators. In OECD countries with good coverage of formal insurance and the longest experience in investing in this type of pension, poverty rates would be significantly higher without non-contributory schemes. The same is true for middle-income countries that have also invested in social pensions during recent decades.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Economic Rights
- Governance & Rule of Law
- Poverty
- Personnes concernées
- Older persons
- Année
- 2010
Paragraphe
Social protection and old age poverty 2010, para. 42
- Paragraph text
- At regional level, there are several provisions recognizing the specific vulnerability of older persons that call on States to implement specific measures to protect the elderly. They also emphasize the right to social security.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Social & Cultural Rights
- Personnes concernées
- Older persons
- Année
- 2010
Paragraphe
Penalization of people living in poverty 2011, para. 60
- Paragraph text
- Social benefit fraud and non-compliance are strongly condemned by the public and rigorously pursued by authorities. Where fraud is established, it can result in the reduction of the individual's benefit to cover repayment of the defrauded amount, and the commencement of criminal proceedings against the individual. When a beneficiary is convicted of fraud he or she may face a lifetime ban from the social benefit system. If beneficiaries have outstanding warrants they may have their social benefit cut off until the warrant is resolved or they are granted an exemption. These measures are extremely harsh and will have grave consequences for people already struggling with poverty and exclusion, perpetrating the disadvantage which induces them to rely on social benefits to begin with.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Poverty
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2011
Paragraphe