A/HRC/15/41
•
G.
Recommend that States implement public information campaigns to reach
persons living in poverty and inform them of their rights, as well as relevant
services and programmes aimed at reducing poverty.
Ensuring accountability and the right to an effective remedy
51.
The principle of accountability is closely linked to the rights of victims to effective
access to justice,33 effective remedies34 and the opportunity for all elements of
reparation (restitution, compensation, rehabilitation, satisfaction and guarantees of
non-repetition).35 Accountability should be viewed in a broader sense, relating to
both providing redress and correcting failures to prevent future harm. Persons living
in extreme poverty are frequently unable to demand and claim their human rights,
seek redress and hold accountable individuals and institutions for measures that
violate their human rights. Without accountability and redress mechanisms, social
programmes are less likely to be understood as entitlements that are linked to human
rights and are more likely to be viewed as instruments of charity that political actors
can manipulate. Lack of accountability also perpetuates malpractice and
ineffectiveness.
52.
A revised version of the draft guiding principles should:
•
Recommend measures to ensure those responsible for actions and omissions
that undermine or jeopardize the human rights of persons living in extreme
poverty are held accountable through judicial, quasi-judicial, administrative
and political mechanisms. This includes strengthening and making accessible
both formal and informal monitoring, complaints, appeal and oversight
mechanisms to which persons living in poverty can safely address their
concerns and seek redress in cases of violations.
•
Recommend that strategies, policies, services and programmes designed to
respect, protect and fulfil the human rights of persons living in extreme
poverty are monitored and evaluated on a regular basis.
Section 2: Overarching policy guidelines
H.
Ensuring that persons living in extreme poverty are identified and
reached by public policies, programmes and interventions
53.
The principles of equality and non-discrimination require public policies to identify
and prioritize disadvantaged and marginalized individuals and groups. This is particularly
relevant when resources are insufficient to ensure assistance to the totality of the
population. Priority must be given to persons living in extreme poverty to ensure that they
enjoy their civil and political rights and at the very least a minimum core content of all
economic, social and cultural rights. To adequately establish priorities and attend to the
needs of these individuals and groups, States must have adequate information about who
33
34
35
Ibid., article 14.
Ibid., article 2 (3).
Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross
Violations of International Human Rights Law and Serious Violations of International Humanitarian
Law, General Assembly resolution 60/147.
13