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The right to participation of people living in poverty 2013, para. 51
- Paragraph text
- In the context of participation, availability means that channels of participation, access to information and accountability mechanisms must be made available in sufficient quantity (and be of sufficient quality) to meet the needs of the community in question.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Access to justice for people living in poverty 2012, para. 96
- Paragraph text
- [States should:] Actively disseminate legal and judicial information, for example about laws, legal decisions and policy decisions, to all without charge and in multiple formats and languages
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Access to justice for people living in poverty 2012, para. 79
- Paragraph text
- Legal standing is the gateway for access to justice. To have access to the formal judicial system, it is necessary that the courts extend legal standing without discrimination, ensuring that all receive equal treatment when bringing claims, protesting violations or seeking remedies.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Marginality of economic and social rights 2016, para. 15
- Paragraph text
- Economic and social rights are also of central importance to efforts to tackle extreme inequality and its consequences. The thoroughly documented increases in global wealth and income inequality threaten to undermine the social fabric, to turn civil and political rights into a tool that will be used predominantly to protect the rights and interests of the wealthy and to entrench forms of economic and political liberalism that ignore the needs and deny the rights of those living in poverty. In many respects, the approach currently taken by the international human rights system all but ensures the worst of all possible outcomes. On the one hand, the correct approach insists that economic and social rights are indivisible from, and of equal importance to, civil and political rights, thus suggesting that they can provide a meaningful response to extreme poverty, extreme inequality and other forms of rampant social injustice. On the other hand, the international human rights system systematically marginalizes those rights in many respects, and tolerates a situation in which the majority of States avoid the recognition, institutionalization and accountability that alone can establish solid foundations upon which to build respect for economic and social rights as full-fledged human rights and thus provide powerful and principled arguments to reduce levels of inequality.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Economic Rights
- Poverty
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right to participation of people living in poverty 2013, para. 86e (ii)
- 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:] Accountability: Provide an accessible way for the public to hold public officials accountable for violation of the right to participation, as well as for any abuse during participatory processes.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- All
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right to participation of people living in poverty 2013, para. 67
- Paragraph text
- At the end of the process, a final assessment of what has been agreed and what has not should be presented, to be discussed and agreed with participants, as well as information on next steps in the decision-making process and those responsible. The confidentiality of the participants must be respected in any final report or summary of the process.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right to participation of people living in poverty 2013, para. 65
- Paragraph text
- Accountability is a critical feature of a human rights approach to participation. Participation understood as a right implies rights holders and duty bearers who can and must be held to account for failure to respect, protect and fulfil that right. To this end, people need access to procedures and institutions that provide redress and remedy, and mechanisms to ensure that their Government ful?ls the right of access to information and the right to participation.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Access to justice for people living in poverty 2012, para. 96
- Paragraph text
- [States should:] Ensure that legal aid is promptly provided to all arrested or detained persons who cannot afford to retain a lawyer; free legal assistance should be available at all stages of the criminal justice process, including during initial questioning and pretrial detention
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Access to justice for people living in poverty 2012, para. 96
- Paragraph text
- [States should:] Ensure that lack of financial resources does not negatively affect a person's chances of accessing justice in a fair and equal way during pretrial detention, for example regarding bail procedures, conditions of detention or accessing legal assistance
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Access to justice for people living in poverty 2012, para. 91
- Paragraph text
- States have a legal obligation to ensure that all individuals are able to access competent, impartial judicial and adjudicatory mechanisms equally and without discrimination. Access to justice is not only a fundamental right in itself, but it is an essential prerequisite for the protection and promotion of all other civil, cultural, economic, political and social rights.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Access to justice for people living in poverty 2012, para. 89
- Paragraph text
- Sometimes such systems also impose extremely punitive measures for the commission of even minor crimes. Moreover, while non-State legal orders may often be praised for providing rapid justice, speedy justice proceedings are by no means always just, and indeed many have features that constitute human rights violations by omitting basic due process guarantees.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Access to justice for people living in poverty 2012, para. 60
- Paragraph text
- The right to legal assistance, enshrined in many major global and regional human rights instruments, is essential for ensuring due process and equality before the courts. The provision of free and competent legal advice and assistance to those who are otherwise unable to afford it is a fundamental prerequisite for ensuring that all individuals have fair and equal access to judicial and adjudicatory mechanisms.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Access to justice for people living in poverty 2012, para. 24
- Paragraph text
- Awareness and understanding of the existence of legal rights, and of the ways in which such rights can be invoked before and enforced by judicial and adjudicatory mechanisms, is fundamental to enjoying the full range of civil, cultural, economic, political and social rights, and for remedying violations thereof.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 28
- Paragraph text
- Governments should encourage independent organizations and academic institutions to develop alternative policy options and to carry out assessments of the social impact of all options and proposed measures. Recovery measures should also be open to oversight, including judicial scrutiny, and public officials involved in economic policy should be accountable for any policy decisions that endanger the enjoyment of human rights.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 27
- Paragraph text
- To allow the public to participate democratically in discussions and decision-making, information about proposed policy measures must be disseminated widely and in a way that is easily understood. Participatory mechanisms should be established and the capacity of rights-holders to know their rights must be strengthened.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The importance of social protection measures in achieving Millennium Development Goals (MDGs) 2010, para. 92
- Paragraph text
- Measures to improve participation, transparency and accountability must be culturally, physically and economically accessible to all, without discrimination of any kind. The absence of effective and meaningful participatory channels and accountability mechanisms makes social protection programmes less likely to be understood in terms of entitlements and rights and more likely to be viewed as instruments of clientelism that can be manipulated by political actors.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Taxation and human rightss 2014, para. 30
- Paragraph text
- As part of international cooperation and assistance, States have an obligation to respect and protect the enjoyment of human rights everywhere, which involves avoiding conduct that would foreseeably risk impairing the enjoyment of human rights by persons beyond their borders, and conducting assessments of the extraterritorial impact of laws, policies and practices.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Taxation and human rightss 2014, para. 21
- Paragraph text
- Many human rights treaties emphasize the right to participation. In particular, article 25 of the International Covenant on Civil and Political Rights includes the right of all people to take part in the conduct of public affairs, a right that covers all aspects of public administration and the formulation and implementation of policy at international, national, regional and local levels. Effective and meaningful participation is in turn dependent on the right to seek, receive and impart information.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
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.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
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.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The World Bank and human rights 2015, para. 18
- Paragraph text
- The next step is to demonstrate that criminal justice interventions will not violate the political prohibition. While acknowledging that "most development efforts" have a "political dimension," a narrow interpretation is adopted, according to which the Bank cannot involve "itself in the partisan politics or ideological disputes that affect its member countries". Inappropriate involvement is said to include "favoring political factions, parties or candidates in elections," or "endorsing or mandating a particular form of government, political bloc or political ideology."
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
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).
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
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.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 89
- Paragraph text
- A human rights-based recovery from the successive crises must be one in which all segments of society play a significant role. The human rights principles of participation, transparency and accountability require States to create and maintain mechanisms by which individuals can meaningfully and effectively contribute to, provide feedback on and claim redress from policy measures that affect their enjoyment of human rights.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
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.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
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.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Poverty
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Marginality of economic and social rights 2016, para. 45
- Paragraph text
- Second, even when economic and social rights are both constitutionally recognized and justiciable, there are many factors that can limit the resulting outcomes. Lawyers might not invoke such rights, a lack of resources and the absence of legal aid might make it impossible for many violations of economic and social rights to be litigated and potential applicants might be denied standing to sue. Even when cases get to court, the judiciary might not be independent, the judicial culture might not be amenable to scrutinizing the sort of issues raised by economic and social rights and the remedies available might be so weak as to deter such litigation.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The UN responsibility for the cholera outbreak in Haiti 2016, para. 75
- Paragraph text
- By the same token, the new policy remains critically incomplete. There is not yet a promise of an apology or an acceptance of responsibility. The repetition of previous expressions of "deep regret" and "moral responsibility" is nothing new. The "legal position of the Organization", which is to deny all legal responsibility, is comprehensively reaffirmed. The obligation to provide an appropriate remedy is thus rejected, and instead solutions must be sought solely "through political, diplomatic or other means". In other words, the lamentably self-serving legal contortions devised to escape any form of legal responsibility still remain in place. Unless the new process also involves a reconsideration in this regard, the Organization's ability to salvage its moral, let alone its legal, credibility and authority will be gravely undermined.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
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.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
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.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Economic Rights
- Environment
- Person(s) affected
- All
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph