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Access to justice for people living in poverty 2012, para. 95
- Paragraph text
- Given the great diversity of social contexts, there is no "one size fits all" solution for ensuring access to justice for persons living in poverty. Differing national and local contexts create a variety of challenges and opportunities for reform that must be taken into account. Success in all contexts, however, will share the features of a human rights-based approach. Solutions require tackling not only legal obstacles but also a range of extralegal factors: social, economic, cultural, linguistic, etc. Solutions must be sought at local levels, designed and implemented with the active participation of the communities affected. Therefore, policymakers and legal authorities should have a specific contextual understanding of local legal institutions and the variety of obstacles on the ground that impede access to justice by persons living in poverty, and implement multidimensional solutions that can strengthen their agency and ensure their enjoyment of their rights. Special attention must be paid to women and groups that are particularly excluded, such as indigenous peoples, older persons and migrants. With this in mind, States must take immediate and effective action to ensure that persons living in poverty are not denied enjoyment of their human rights because of insurmountable obstacles which prevent them from accessing the justice system. To this end, the Special Rapporteur wishes to present the following recommendations.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Poverty
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Access to justice for people living in poverty 2012, para. 76
- Paragraph text
- This can constitute a significant barrier for the poorest and most marginalized, many of whom speak local languages or dialects, as well as for indigenous populations, ethnic minorities and migrants. In particular, those who are often excluded from education services, including women, are less likely to have received adequate schooling in the official or predominant language.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Penalization of people living in poverty 2011, para. 71
- Paragraph text
- Those who are poor and vulnerable are therefore likely to leave detention disproportionately disadvantaged financially, physically and personally. After their release they will have depleted assets, reduced employment opportunities, limited access to social benefits and severed community ties and family relationships, and will be subject to added social stigmatization and exclusion, diminishing even further their prospects of escaping poverty.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Person(s) affected
- Families
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Penalization of people living in poverty 2011, para. 70
- Paragraph text
- Detention and incarceration can also have serious health implications for the poorest and most vulnerable, who are likely to be subject to the worst treatment and conditions, including overcrowded cells, inadequate hygiene facilities, rampant disease transmission and inadequate health care. In some cases, overcrowding in prisons can have such a severe effect on detainees that the conditions may even amount to a form of cruel and inhuman treatment.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Poverty
- Water & Sanitation
- Person(s) affected
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Social protection and old age poverty 2010, para. 75
- Paragraph text
- Cultural accessibility requires that outreach and information on social pensions must be specifically designed to reach excluded segments of society (e.g. radio announcements, talk shows, community plays, etc.). Outreach must also overcome illiteracy and linguistic barriers that may impair the access of older people from minorities, indigenous or migrant communities (e.g. by making information available in languages used by minorities and indigenous peoples).
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Year
- 2010
- 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. 32
- Paragraph text
- These are alarming numbers. What these figures do not show, however, is that those who are enduring the gravest effects of the crises are the most vulnerable and disadvantaged in society, including women, children, older persons, persons with disabilities, indigenous peoples, ethnic minorities and migrants. Because of ingrained discrimination and structural disadvantage, vulnerable groups have restricted access to services and social protection, which help to cushion the effects of crises, and they are thus exposed to increased risk during times of economic shock.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Humanitarian
- Person(s) affected
- Children
- Ethnic minorities
- Persons on the move
- Persons with disabilities
- Women
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to participation of people living in poverty 2013, para. 25
- Paragraph text
- The international human rights framework affirms the right to take part in the conduct of public affairs and the right of those affected by key decisions to participate in the relevant decision-making processes. The right to participation is enshrined in numerous international human rights instruments, including the Universal Declaration of Human Rights (arts. 21 and 27), the International Covenant on Civil and Political Rights (art. 25), the International Covenant on Economic, Social and Cultural Rights (arts. 13.1 and 15.1), the Convention on the Elimination of All Forms of Discrimination Against Women (arts. 7, 8, 13(c) and 14.2), the International Convention on Elimination of All Forms of Racial Discrimination (art. 5(e)(vi)), the Convention on the Rights of the Child (arts. 12 and 31), the Convention on the Rights of Persons with Disabilities (arts. 3(c), 4.3, 9, 29 and 30), the International Convention on the Rights of All Migrant Workers and Members of their Families (arts. 41 and 42.2), the United Nations Declaration on the Right to Development (arts. 1.1, 2 and 8.2) and the United Nations Declaration on the Rights of Indigenous Peoples (arts. 5, 18, 19 and 41).
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Families
- Persons on the move
- Persons with disabilities
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right to participation of people living in poverty 2013, para. 56
- Paragraph text
- Similarly, organizers should consult with individuals to identify a time for meetings that does not detrimentally impact wage-earning possibilities or care responsibilities - for example, after regular work hours and during seasons when migrant labourers are at home and available. Organizers and facilitators must be trained to have sufficient understanding of the social, cultural and political context; build trust and respect, be non-judgemental; and motivate and support participants. Similarly, it may be necessary to conduct capacity-building activities with participants in advance of the main process.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
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.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Poverty
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
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.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Poverty
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Access to justice for people living in poverty 2012, para. 21
- Paragraph text
- Persons living in poverty may choose not to seek justice because they fear reprisal or sanction from more powerful actors within or outside their community, or fear being stigmatized or discriminated against. Having experienced discrimination and abuse at the hands of the police and other authorities throughout their lives, people living in poverty are often averse to relying upon formal legal processes for fear of being subject to further exploitation or corruption, or of receiving an unjust outcome. Certain groups, such as ethnic minorities, indigenous peoples or irregular migrants, may be reluctant to engage with the justice system owing to concerns relating to the respect of their own values or owing to their immigration status.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Access to justice for people living in poverty 2012, para. 18
- Paragraph text
- Certain groups that suffer from structural discrimination and exclusion and are disproportionately represented among the poor, particularly ethnic and racial minorities, migrants and indigenous peoples, encounter additional barriers to accessing justice. Those difficulties are multiplied for women living in poverty, who experience compounded discrimination and disempowerment, not to mention financial constraints. Therefore, across different contexts, women living in poverty experience particular difficulties in accessing justice mechanisms and winning judicial recognition, action and enforcement for crimes, discrimination and human rights violations they are disproportionately subject to. Children are often denied the due process guarantees that they are entitled to on the same basis as adults, as well as additional protections that are necessary, in particular when they are particularly deprived or marginalized.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Poverty
- Social & Cultural Rights
- Person(s) affected
- Children
- Ethnic minorities
- Persons on the move
- Women
- 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. 23
- Paragraph text
- Given the clearly disproportionate and devastating effect of the global economic and financial crises on vulnerable and disadvantaged groups, including children, persons with disabilities, older persons, indigenous peoples, ethnic minorities and migrants, States must be particularly careful to ensure that recovery measures do not exclude them or exacerbate their situation. Considering that gender inequality is a cause of and a factor that perpetuates poverty, effective recovery policies must take into account State obligations regarding gender equality and the protection of women's full range of rights.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Humanitarian
- Poverty
- Person(s) affected
- Children
- Ethnic minorities
- Persons on the move
- Persons with disabilities
- Women
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Penalization of people living in poverty 2011, para. 41
- Paragraph text
- When street vendors are harassed or bribed or their wares are destroyed, deep structural inequalities and power imbalances, communication and information barriers and a lack of access to legal representation make it nearly impossible for them to complain to police. In countries where street vending is illegal, individuals are too afraid to report mistreatment or harm to police for fear of being criminalized themselves. This is particularly acute with respect to street vendors who are members of vulnerable groups which face widespread discrimination and have historically had negative relationships with police and authorities, such as women, migrants and ethnic minorities.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Women
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
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.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Penalization of people living in poverty 2011, para. 7
- Paragraph text
- Penalization measures respond to discriminatory stereotypes that assume that persons living in poverty are lazy, irresponsible, indifferent to their children's health and education, dishonest, undeserving and even criminal. Persons living in poverty are often portrayed as authors of their own misfortune, who can remedy their situation by simply "trying harder". These prejudices and stereotypes are often reinforced by biased and sensationalist media reports that particularly target those living in poverty who are victims of multiple forms of discrimination, such as single mothers, ethnic minorities, indigenous people and migrants. Such attitudes are so deeply entrenched that they inform public policies and prevent policymakers from addressing the systemic factors that prevent persons living in poverty from overcoming their situation.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Social & Cultural Rights
- Person(s) affected
- Children
- Ethnic minorities
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
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).
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Older persons
- Persons on the move
- Persons with disabilities
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Social protection and old age poverty 2010, para. 38
- Paragraph text
- Several treaties contain specific references to old age. The Convention on Elimination of All Forms of Discrimination against Women stipulates "the right to social security, particularly in cases of retirement, unemployment, sickness, invalidity and old age and other incapacity to work" (art. 11). It is also understood that the prohibition of discrimination included in major human rights treaties is understood as non-exhaustive; therefore, even if age is not mentioned specifically as a prohibitive ground for discrimination, it should still be accepted under "other status". The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families specifically identifies age as a prohibited ground for discrimination.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
The importance of social protection measures in achieving Millennium Development Goals (MDGs) 2010, para. 75
- Paragraph text
- Accepting these principles entails both carefully screening policy choices to prevent the unfair exclusion of disadvantaged and disempowered groups - in particular, persons with disabilities, older persons, indigenous peoples, minorities and persons with HIV/AIDS - and actively seeking out ways to ensure that they are reached. In this regard, social protection programmes must be physically and culturally accessible. This means, for example, that benefits must be distributed within a safe physical distance and that transportation or opportunity costs must be taken into account. Outreach and information regarding programmes must be specifically designed to reach groups that are particularly vulnerable or excluded; examples include radio announcements and community plays aimed at overcoming illiteracy. Information about programmes must be available in the languages of minorities, indigenous peoples and immigrant populations.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Persons with disabilities
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
19 shown of 19 entities