A/HRC/15/41
35.
The first section describes overarching human rights principles that should frame all
initiatives addressing the situation of persons living in extreme poverty. The second section,
describes policy guidelines relevant for removing obstacles that perpetuate extreme
poverty. Finally, the last section clarifies specific human rights-based obligations of States.
All three sections list different principles separated into subsections, each presenting a
justification for including that specific principle and examples of the key recommendations
each principle should cover. While the examples provided were stressed during various
consultation processes, they should not be regarded as an exhaustive list.
36.
The principles focus on the State as the primary actor responsible for realizing the
human rights of people living within its jurisdiction. This does not erode the responsibilities
of non-State actors which are obliged, at the very least, to respect human rights.21 While
State responsibilities at the domestic level are emphasized, the independent expert
recognizes that international stakeholders (e.g. States, international financial institutions
and transnational corporations) affect the functioning of States and their ability to adopt
relevant measures to fulfil their human rights obligations. This has significant implications
for international assistance and cooperation, as it calls for an adequate flow of financial and
technical assistance to developing States.22 It also implies that there must be active efforts
to establish equitable systems of multilateral trade, investment and finance that are
consistent with human rights.
37.
The content of the proposed guiding principles should not be interpreted as limiting,
altering or otherwise prejudicing the rights recognized under international human rights,
refugee, criminal or humanitarian law and related standards, or rights consistent with these
laws and standards as recognized under national law.23
Section 1: Overarching human rights principles
A.
Recognizing the centrality of human dignity, universality, indivisibility,
interrelatedness and interdependence of all rights
38.
Human dignity must be the cornerstone of the guiding principles. This concept is
closely related to the recognition of the universality, indivisibility, interrelatedness and
interdependence of all rights. The dignity of persons living in extreme poverty is often
undermined by the severe deprivations they suffer, which increases their vulnerability and
dependence on others. The inherent dignity, freedom and equality of individuals are linked
to the guarantee that “basic necessities of life are accessible to all”, because “human
dignity, freedom and equality ... are denied those who have no food, clothing or shelter”.24
39.
Poverty is a multidimensional phenomenon requiring an holistic approach. Given
the interdependence of human rights, and the reinforcing nature of key deprivations, the
enjoyment of all human rights is crucial to the elimination of extreme poverty.
21
22
23
24
See A/HRC/8/5, paragraph 23.
Committee on Economic, Social and Cultural Rights, general comment No. 14 (2000) on the right to
the highest attainable standard of health, para. 45.
Basic Principles and Guidelines on Development-based Evictions and Displacement, A/HRC/4/18,
annex 1.
See South Africa Constitutional Court decisions in Khosa v Minister of Social Development 2004 (6)
SA 505 (CC) and Government of the Republic of South Africa and Others v Grootboom and Others
2001 (1) SA 46 (CC).
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