E/CN.4/2006/43
page 10
II. POVERTY SEEN FROM A HUMAN RIGHTS PERSPECTIVE
26.
Even if there is a distinct value addition in the development discourse of looking at
economic development in terms of human development, and with a primary objective of
removing poverty, the next question is: What is the value addition of treating the elimination of
poverty in the perspective of human rights? The question can be answered in two ways:
(a) What is a value addition in treating the fulfilment of any objective in terms of human rights;
and (b) In what manner can poverty be described as a violation or deprivation of human rights
and consequently, poverty removal as a human-right objective in itself.
27.
When an objective of social arrangement is accepted as a human right, it implies that all
agents of society would regard the fulfilment of that objective as a “binding” obligation, which
supersedes all other policy objectives. All social objectives cannot be regarded as human rights
and for that, we must apply what may be described as Amartya Sen’s “legitimacy” and
“coherence” tests.2
28.
The social objective must be of sufficient importance to form the constitutional
norms of a society as standards of achievement, the realization of which would provide
legitimacy to the behaviour of all agents and authorities, especially the State. The objective
should also be “coherent” so that the obligations or duties that have to be carried out, and the
agents who have to do so, can both be specified. If the objectives pass these tests and are
recognized by society through a due process of norm creation, then all members of society would
be obliged to carry out their specified duties. There may be several different social objectives,
but the obligation to realize human rights “trumps” all others. Obligations would be binding on
the agents in the sense that if an agent does not carry out the specified obligations, there would
be a mechanism of reprimand and sanctions, inducing appropriate corrective or compensatory
actions. If the obligations are incorporated into the domestic legal system, this mechanism
would be “legal”, settled in the courts of law. If the rights are recognized in international
human rights law, then States parties to international human rights treaties would be bound by
this obligation.
29.
As mentioned above, all social agents would have obligations to carry out specific duties
but State authorities would be the primary duty bearers. It would be up to the State authorities to
take appropriate steps for implementing the rights through direct action, or through
implementing rules and procedures and adopting specific laws to induce other agents to adopt
appropriate action. In addition to State authorities, all other States and members of the
international community which recognize human rights would have the obligation to cooperate
among themselves and take whatever action is necessary to realize the rights in all countries
belonging to that community. Normally, other States and international institutions would
provide assistance and take complementary action to help the national State authorities to realize
the rights of their citizens. In certain situations, and by following appropriate procedures, other
State members of the international community can supersede the national State authority and
directly help citizens realize their rights when these national States fail to fulfil their obligations
or act against their citizens.