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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.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Poverty
- Personnes concernées
- All
- Année
- 2013
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.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Equality & Inclusion
- Poverty
- Social & Cultural Rights
- Personnes concernées
- All
- Families
- Année
- 2011
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.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Poverty
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2011
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.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- 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".
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- 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. 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".
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Personnes concernées
- All
- Année
- 2014
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.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Thèmes
- Education
- Personnes concernées
- All
- N.A.
- 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.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- 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.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Personnes concernées
- All
- Année
- 2011
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.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- 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.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- 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.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- 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.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- 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. 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.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- 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.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- 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. 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.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Thèmes
- 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. 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.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2011
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.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Poverty
- Personnes concernées
- All
- 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.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- 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. 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.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- 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.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- 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.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- 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.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Economic Rights
- Environment
- Personnes concernées
- All
- 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.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- All
- 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.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Thèmes
- Education
- Equality & Inclusion
- Personnes concernées
- All
- Année
- 2013
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.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2015
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.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Environment
- Personnes concernées
- All
- Année
- 2014
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.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- 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.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- N.A.
- 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.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- All
- N.A.
- Année
- 2016
Paragraphe