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replace them with infrastructure for which they have no need and which they cannot
access, such as hotels, sporting venues and office buildings.
C.
Requirements and conditions for access to public services
and social benefits
49. It is becoming increasingly common for States to impose strict requirements
and conditions on access to public services and social benefits.36 To justify these
measures, States point to the need to make efficient use of public resources, improve
the accuracy of targeting, avoid dependency, eliminate disincentives to work and
deter abuse of the system. While these may be valid concerns, the impact of these
measures is often completely disproportionate to the aim they seek to achieve. By
imposing excessive requirements and conditions on access to services and benefits,
and severe sanctions for non-compliance, States punish, humiliate and undermine
the autonomy of persons living in poverty, exacerbating the challenges they face in
overcoming their situation. Moreover, beneficiaries are kept in a state of uncertainty
about their future and are unable to plan for the long term.
50. Support for these measures is not based on strong evidence of their
effectiveness and economic efficiency, but rather on discriminatory stigmas and
stereotypes, perpetuated by the media, that portray recipients of social benefits as
lazy, dishonest and untrustworthy. Requirements and conditions are often
underpinned by strong paternalistic attitudes; policymakers believe that they are
acting in the best interests of persons living in poverty, who cannot be trusted to
make decisions for themselves and their families.
51. These measures not only undermine beneficiaries’ autonomy and prevent them
from making their own choices, they also threaten their enjoyment of a number of
human rights, including the right to participate in the decisions that directly affect
them37 and to be free from arbitrary or unlawful State interference in their privacy,
family, home or correspondence.38 Considering that non-compliance with excessive
conditions and requirements results in exclusion from social benefits, those entitled
to benefits live in constant anxiety and fear that their benefits will be withdrawn
and, with them, their primary means of survival. The cumulative impact of living in
such circumstances threatens the beneficiaries’ right to enjoy the highest attainable
standard of physical and mental health.39
52. In many countries, those entitled to social benefits are required to prove their
entitlement by providing excessive amounts of documentation and disclosing
irrelevant personal information. This is often a stressful and demeaning process for
__________________
36
37
38
39
11-44449
In the present report, the term “social benefits” is used to denote any benefit provided to
individuals through a State’s welfare, social security and social assistance systems, including
transfers of cash, food or food stamps; disability or illness benefits, unemployment benefits,
single parent or child allowances, non-contributory social pensions, housing assistance and
education assistance.
International Covenant on Civil and Political Rights, art. 25.
Universal Declaration of Human Rights, art. 12; International Covenant on Civil and Political
Rights, art. 17.
Universal Declaration of Human Rights, art. 25; International Covenant on Economic, Social
and Cultural Rights, art. 12. Committee on Economic, Social and Cultural Rights, general
comment No. 14.
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