A/HRC/21/39
(f)
Establish independent, well-resourced, gender-sensitive complaint
mechanisms in public policies to ensure oversight and to enable persons living in poverty to
bring complaints about abuse of power and authority, corruption and discrimination;
(g)
Establish child-sensitive complaint, counselling and reporting mechanisms,
accessible to children living in poverty, and launch information campaigns to ensure
knowledge of those mechanisms;
(h)
Increase the availability of legal information to persons living in poverty,
including through dissemination in diverse, adaptable and culturally sensitive ways;
(i)
Establish effective remedies (including domestic legal recognition and
judicial recourse) for all rights enshrined in international human rights instruments,
including economic, social and cultural rights.
D.
Right to recognition as a person before the law
69.
Many legal, economic, procedural, practical and cultural barriers impede persons
living in poverty from registering at birth and obtaining legal identity documents. Some
simply live out of reach of registration centres, others cannot afford the direct and indirect
costs and others are denied a legal identity on account of discrimination. Without birth
certificates and relevant documents, persons living in poverty are unable to realize a wide
range of rights, including the rights to social security, education, health and access to
justice. Lack of birth registration also increases the risk of statelessness because individuals
may be unable to establish their nationality later in life.
70.
States should:
(a)
Make all efforts necessary to register all children immediately after birth;
(b)
Carry out registration drives, including awareness-raising campaigns, for
unregistered adults and children, and ensure issuance of identity documents for persons
living in poverty when necessary for effective access to public services and enjoyment of
all rights;
(c)
Allocate the resources necessary for the establishment of registration systems
that are accessible to and adequate for persons living in poverty. These systems should be
free, simple, expeditious and operate without discrimination;
(d)
Identify and remove barriers that impede access to birth registration of
disadvantaged groups at particular risk of poverty, such as asylum seekers, stateless
persons, persons with disabilities and undocumented migrants;
(e)
Where birth registration or identification documents cannot be reasonably
obtained, ensure that courts extend legal standing without discrimination.
E.
Right to privacy and to protection for home and family
71.
Persons living in poverty are more likely to be subject to attacks on their privacy and
reputation by State and non-State actors. Such intrusions may be caused by overcrowded
housing conditions or the excessive intervention of law enforcement or social services. For
example, children from families living in poverty are at greater risk of being removed by
the authorities and placed in institutional care.
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