A/66/265 80. While preventing fraud is a legitimate aim, measures such as invasive surveillance policies, onerous conditionalities, excessive disclosure requirements and extensive policing in social benefit systems are disproportionate to their aim, stem from overt and covert discriminatory attitudes and practices, and only serve to reinforce the poverty experienced by beneficiaries. 81. Considering that detention, incarceration and institutionalization have such extensive and long-lasting negative effects on persons living in poverty, States must only have recourse to deprivation of liberty insofar as it is necessary to meet a pressing societal need, and in a manner proportionate to that need. The poorest and most vulnerable individuals in detention must have equal access to free, fair and efficient court procedures, and must enjoy the same rights to humane conditions and respectful treatment as more affluent segments of society. 82. In this context, the Special Rapporteur wishes to present the following recommendations: (a) States shall take all necessary measures to eliminate all direct and indirect discrimination against persons living in poverty. States must refrain from adopting any law, regulation or practice denying or limiting the access of persons living in poverty to the enjoyment of all their rights, including economic, social and cultural rights. States must review national legislation in order to assess the existence of any discriminatory impact on those living in poverty and shall repeal or amend legislation that has the purpose or effect of impairing the equal enjoyment of rights by those living in poverty; (b) In order to deter future discrimination, comprehensive anti-discrimination legislation in relation to persons living in poverty must be adopted. States shall ensure that discrimination on the basis of economic and social status is prohibited by law and the law applied by courts; (c) States shall take special measures to protect those living in poverty from the violation of their rights by third parties. To this end, States shall: (i) Carry out educational programmes and campaigns to sensitize the population to the multiple obstacles that persons living in poverty face in overcoming their situation; (ii) Encourage the media to avoid biased reports and sensationalist coverage that perpetuates discriminatory stereotypes against persons living in poverty. To this end, States should promote ethical journalism and encourage the adoption of codes of conduct to end the negative portrayal of persons living in poverty, homeless persons, unemployed persons and social benefit recipients; (iii) Ensure that private suppliers of public services, and other non-public entities, do not discriminate against those living in poverty. States shall adopt legislative measures to prevent and punish violations of the rights of persons living in poverty by private entities; (d) States shall create an enabling environment to facilitate the participation of persons living in poverty in public life and in the decisions affecting their lives. To this end, States must identify and address the institutional impediments which prevent vulnerable and marginalized groups from fully participating in decision-making processes; 22 11-44449

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents