A/HRC/15/41
from having authorities inappropriately intrude on their privacy. This
particularly applies within the context of implementing social programmes.
•
N.
Reaffirm the notion of the family as “the fundamental group of society and
the natural environment for the growth and well-being of all its members and
particularly children”,42 and recall the obligation to respect the best interests
of the child in all measures adopted. Regarding their possible removal from
the family household, this includes taking the necessary measures to support
families, prevent separations and ensure rapid reunification whenever
conditions permit.
Rights to life, personal security and physical integrity
67.
Persons living in extreme poverty are often exposed to both institutional and
individual risks of violence and threats to their physical integrity from both private and
State officials and institutions. Continued exposure and vulnerability to violence affects a
person’s physical and mental health and impairs their situation and capacity to escape
poverty.
68.
Inappropriate legal and administrative measures criminalizing acts such as begging
and vagrancy particularly affect persons in situations of poverty. Law enforcement agents
often profile and deliberately target persons living in poverty, and police violence and the
arbitrary use of force under the guise of law enforcement disproportionally affect them.
69.
The prevalence of violence within the home and in the community is also a major
concern for persons living in extreme poverty. The lack of investment in prevention, early
warning mechanisms and public security in impoverished areas exacerbates the threat of
violence. Women and children are particularly vulnerable to all forms of violence within
and outside the home. Moreover, those living in poverty, with little or no economic
independence, have fewer possibilities of escaping violence. .
70.
O.
A revised version of the draft guiding principles should:
•
Recall State obligations to protect the physical integrity of persons living in
extreme poverty, including prohibiting and preventing all forms of violence,
investigating, prosecuting and punishing those responsible.
•
Recommend investing in accessible early warning mechanisms and providing
adequate assistance to victims of violence, and ensuring accountability for
violent occurrences. Further recommend the adoption of measures to assist
groups at greater risk of poverty, such as women, children, persons with
disabilities and indigenous peoples.
•
Recommend adopting specific measures to prevent, monitor and punish
violence perpetrated by State agents against persons living in extreme
poverty. Reaffirm the need to repeal inadequate legislation, for instance
vagrancy laws, and establish clear accountability systems.
Right to equal and effective access to justice
71.
Persons living in extreme poverty are particularly vulnerable to human rights
violations and abuses and they often, for economic and other reasons, lack the capability to
42
18
Convention on the Rights of the Child, preamble.