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Titre | Date ajouter | Modèle | Organe | Status juridique | Type de document | Année | Code du document | Document | Paragraph text | Thematics | Thèmes | Personnes concernées | Année |
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The implementation of the right to social protection through the adoption of social protection floors 2014, para. 53 | 19 août 2019 | Paragraph | Special Rapporteur on extreme poverty and human rights | Non-negotiated soft law | Special Procedures' report | 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. |
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| 2014 | ||||
The implementation of the right to social protection through the adoption of social protection floors 2014, para. 58 | 19 août 2019 | Paragraph | Special Rapporteur on extreme poverty and human rights | Non-negotiated soft law | Special Procedures' report | 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. |
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| 2014 | ||||
The importance of social protection measures in achieving Millennium Development Goals (MDGs) 2010, para. 100 | 19 août 2019 | Paragraph | Special Rapporteur on extreme poverty and human rights | Non-negotiated soft law | Special Procedures' report | 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. |
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| 2010 | ||||
Social protection and old age poverty 2010, para. 106 | 19 août 2019 | Paragraph | Special Rapporteur on extreme poverty and human rights | Non-negotiated soft law | Special Procedures' report | 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. |
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| 2010 | ||||
Penalization of people living in poverty 2011, para. 79 | 19 août 2019 | Paragraph | Special Rapporteur on extreme poverty and human rights | Non-negotiated soft law | Special Procedures' report | 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. |
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| 2011 | ||||
Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 70 | 19 août 2019 | Paragraph | Special Rapporteur on extreme poverty and human rights | Non-negotiated soft law | Special Procedures' report | 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. |
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| 2011 | ||||
Unpaid care work and women's human rights 2013, para. 85 | 19 août 2019 | Paragraph | Special Rapporteur on extreme poverty and human rights | Non-negotiated soft law | Special Procedures' report | 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. |
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| 2013 | ||||
The World Bank and human rights 2015, para. 75 | 19 août 2019 | Paragraph | Special Rapporteur on extreme poverty and human rights | Non-negotiated soft law | Special Procedures' report | 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. |
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| 2015 | ||||
Taxation and human rightss 2014, para. 81g | 19 août 2019 | Paragraph | Special Rapporteur on extreme poverty and human rights | Non-negotiated soft law | Special Procedures' report | [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; |
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| 2014 | ||||
The right to participation of people living in poverty 2013, para. 86d (i) | 19 août 2019 | Paragraph | Special Rapporteur on extreme poverty and human rights | Non-negotiated soft law | Special Procedures' report | [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. |
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| 2013 | ||||
Taxation and human rightss 2014, para. 81a | 19 août 2019 | Paragraph | Special Rapporteur on extreme poverty and human rights | Non-negotiated soft law | Special Procedures' report | [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; |
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| 2014 | ||||
Marginality of economic and social rights 2016, para. 69 | 19 août 2019 | Paragraph | Special Rapporteur on extreme poverty and human rights | Non-negotiated soft law | Special Procedures' report | 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. |
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| 2016 | ||||
The implementation of the right to social protection through the adoption of social protection floors 2014, para. 55 | 19 août 2019 | Paragraph | Special Rapporteur on extreme poverty and human rights | Non-negotiated soft law | Special Procedures' report | 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. |
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| 2014 | ||||
Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 87 | 19 août 2019 | Paragraph | Special Rapporteur on extreme poverty and human rights | Non-negotiated soft law | Special Procedures' report | 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. |
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| 2011 | ||||
The World Bank and human rights 2015, para. 70 | 19 août 2019 | Paragraph | Special Rapporteur on extreme poverty and human rights | Non-negotiated soft law | Special Procedures' report | 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. |
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| 2015 | ||||
Social protection and old age poverty 2010, para. 105 | 19 août 2019 | Paragraph | Special Rapporteur on extreme poverty and human rights | Non-negotiated soft law | Special Procedures' report | 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. |
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| 2010 | ||||
Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 86 | 19 août 2019 | Paragraph | Special Rapporteur on extreme poverty and human rights | Non-negotiated soft law | Special Procedures' report | 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. |
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| 2011 | ||||
Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 85 | 19 août 2019 | Paragraph | Special Rapporteur on extreme poverty and human rights | Non-negotiated soft law | Special Procedures' report | 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. |
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| 2011 | ||||
Unpaid care work and women's human rights 2013, para. 69 | 19 août 2019 | Paragraph | Special Rapporteur on extreme poverty and human rights | Non-negotiated soft law | Special Procedures' report | 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. |
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| 2013 | ||||
Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 77 | 19 août 2019 | Paragraph | Special Rapporteur on extreme poverty and human rights | Non-negotiated soft law | Special Procedures' report | 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. |
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| 2011 | ||||
The right to participation of people living in poverty 2013, para. 83 | 19 août 2019 | Paragraph | Special Rapporteur on extreme poverty and human rights | Non-negotiated soft law | Special Procedures' report | 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. |
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| 2013 | ||||
Taxation and human rightss 2014, para. 82a | 19 août 2019 | Paragraph | Special Rapporteur on extreme poverty and human rights | Non-negotiated soft law | Special Procedures' report | [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; |
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| 2014 | ||||
The importance of social protection measures in achieving Millennium Development Goals (MDGs) 2010, para. 97 | 19 août 2019 | Paragraph | Special Rapporteur on extreme poverty and human rights | Non-negotiated soft law | Special Procedures' report | 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. |
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| 2010 | ||||
Penalization of people living in poverty 2011, para. 82f | 19 août 2019 | Paragraph | Special Rapporteur on extreme poverty and human rights | Non-negotiated soft law | Special Procedures' report | [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; |
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| 2011 | ||||
Unpaid care work and women's human rights 2013, para. 78 | 19 août 2019 | Paragraph | Special Rapporteur on extreme poverty and human rights | Non-negotiated soft law | Special Procedures' report | 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. |
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| 2013 | ||||
Access to justice for people living in poverty 2012, para. 96 | 19 août 2019 | Paragraph | Special Rapporteur on extreme poverty and human rights | Non-negotiated soft law | Special Procedures' report | [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 |
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| 2012 | ||||
The right to participation of people living in poverty 2013, para. 86b (i) | 19 août 2019 | Paragraph | Special Rapporteur on extreme poverty and human rights | Non-negotiated soft law | Special Procedures' report | [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. |
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| 2013 | ||||
Social protection and old age poverty 2010, para. 111 | 19 août 2019 | Paragraph | Special Rapporteur on extreme poverty and human rights | Non-negotiated soft law | Special Procedures' report | 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. |
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| 2010 | ||||
Taxation and human rightss 2014, para. 79n | 19 août 2019 | Paragraph | Special Rapporteur on extreme poverty and human rights | Non-negotiated soft law | Special Procedures' report | [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; |
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| 2014 | ||||
The implementation of the right to social protection through the adoption of social protection floors 2014, para. 51 | 19 août 2019 | Paragraph | Special Rapporteur on extreme poverty and human rights | Non-negotiated soft law | Special Procedures' report | 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. |
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| 2014 |