A/66/265 I. Introduction 1. The present report is submitted by the Special Rapporteur on extreme poverty and human rights, Magdalena Sepúlveda Carmona, in accordance with Human Rights Council resolution 17/13. It addresses several laws, regulations and practices, which have become increasingly common in developed and developing countries, that punish, segregate, control and undermine the autonomy of persons living in poverty. 2. The report benefits from papers presented and opinions expressed at an international expert meeting hosted by the International Council on Human Rights Policy in Geneva on 17 and 18 March 2011, which brought together human rights experts, academics, civil society and representatives of United Nations entities from all regions, each of whom provided valuable input into the Special Rapporteur’s report.1 3. The report uses the term “penalization measures” to refer generally to policies, laws and administrative regulations that punish, segregate, control and undermine the autonomy of persons living in poverty. These measures are homogenous neither in their design nor their effect; they vary significantly in their intent and impact across and within regions, States, provinces and municipalities. Some result in the outright criminalization, prosecution and incarceration of persons living in poverty, while others excessively regulate and control various aspects of their lives. Some have punitive effects such as the imposition of heavy fines, loss of child custody, disentitlement from social benefits and infringement on rights to privacy and autonomy. Some measures explicitly target persons living in poverty while others are neutral laws, policies and practices which, though directed at all individuals, have a disproportionate impact on those living in poverty. 4. The report analyses some of these measures to demonstrate their impact on the enjoyment of human rights by those living in poverty. The report explains how these measures are the result of deeply entrenched prejudices and stereotypes that have permeated public policies. It emphasizes that the negative impacts of these measures overlap and reinforce one another, exacerbating and perpetuating poverty. The report applies a human rights framework to demonstrate that, while poverty may not in itself be a violation of human rights, often States’ actions or omissions that cause, exacerbate or perpetuate poverty amount to violations of human rights. In this context, penalization measures represent a serious threat to States’ observance of their human rights obligations. II. The realities of poverty: stigmatization, discrimination, penalization, exclusion 5. States have long recognized that poverty is a complex human condition characterized by sustained or chronic deprivation of the resources, capabilities, choices, security and power necessary for the enjoyment of an adequate standard of living and other economic, civil, cultural, political and social rights.2 Poverty is not an autonomous choice, but rather a multifaceted situation from which it may be __________________ 1 2 4 For more information about the meeting, please see www.ichrp.org/en/projects/162. E/C.12/2001/10, para. 8. 11-44449