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;
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