A/HRC/15/41
report on their activities that impact on human rights and to formulate,
implement and report on the implementation of a code of conduct based on
human rights standards.
Section 3: Specific rights-based obligations
L.
Right to recognition as a person before the law
63.
Recognition as a person before the law is a human right in itself and crucial for the
enjoyment of other fundamental rights and freedoms. Often persons living in extreme
poverty lack legal identity documents because, for example, they have no proof of birth or
fixed address. Some simply live out of reach of registration processes, others cannot afford
costs associated with registration. Discrimination on various grounds may further prevent
persons living in extreme poverty from being registered and having a legal identity. Often
the lack of documentation of the parents could result in their children also remaining
undocumented. At the same time, if States lack accurate information about those under its
jurisdiction they face greater challenges in policy planning.
64.
M.
A revised version of the draft guiding principles should:
•
Recommend the allocation of the necessary resources to establish registration
systems that are accessible to and adequate for persons living in extreme
poverty. Effective registration systems not only require adequate financial
and human resources, but must be based on regulatory frameworks
recognizing the human right of every person to recognition before the law.
Regulatory frameworks must also protect the human right to privacy.
•
Recommend the establishment of mechanisms to ensure monitoring and
accountability as essential components of registration systems and highlight
the importance of a decentralized, flexible and culturally sensitive
registration system.
•
Give particular attention to addressing the legal, economic, procedural,
practical and cultural barriers that impede women, girls, indigenous peoples,
persons with disabilities, minorities, and other groups from registering.
Recommend that States introduce awareness-raising campaigns to inform
persons living in extreme poverty about registration processes and their
importance.
Right to privacy and protection from intrusion in family life
65.
Persons living in extreme poverty are more likely to be subject to attacks on their
privacy, integrity, honour and reputation by State and non-State actors. Such intrusions may
be caused by overcrowded housing conditions in slums or the deliberate intervention of law
enforcement or social services. Children from families experiencing extreme poverty are at
greater risk of being removed by the authorities and placed in residential care. Family
contacts and the moral and psychological support families provide are then jeopardized.
66.
A revised version of the draft guiding principles should:
•
Recall the obligations of guaranteeing respect for the privacy and family life
of persons of living in extreme poverty, and recommend revising national
legal and administrative frameworks covering family life to protect persons
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