A/HRC/15/41
capabilities, choices, security and power necessary for the enjoyment of an adequate
standard of living and other civil, cultural, economic, political and social rights”.4 The
former independent expert on the question of human rights and extreme poverty elaborated
on this definition by characterizing poverty as “the combination of income poverty, human
development poverty and social exclusion”.5 The principles further benefit from the view of
the Sub-Commission that “the lack of basic security leads to chronic poverty when it
simultaneously affects several aspects of people’s lives, when it is prolonged and when it
severely compromises people’s chances of regaining their rights and of reassuming their
responsibilities in the foreseeable future.”6 Other definitions underline the multidimensional
aspect of poverty. In the Programme of Action of the 1995 World Summit for Social
Development, absolute poverty is defined as "a condition characterized by severe
deprivation of basic human needs, including food, safe drinking water, sanitation facilities,
health, shelter, education and information. It depends not only on income but also on access
to services."7
15.
Human rights and extreme poverty are linked in at least three ways: (a) poverty can
be both a cause and a consequence of human rights violations; (b) the realization of all
human rights and efforts to eliminate extreme poverty are mutually reinforcing; and (c)
human rights norms and principles provide the framework for poverty reduction and/or
eradication.8
16.
The guiding principles should be framed around the existing obligations of States to
respect, protect and fulfil all human rights and fundamental freedoms.9 The obligation to
respect requires States to immediately refrain from jeopardizing the enjoyment of any rights
domestically and internationally, including from acting in a way that generates or
exacerbates extreme poverty. To this end, States should, for example, assess, identify and
address the possible human rights impacts of their poverty reduction policies. The
obligation to protect includes taking all necessary measures to protect persons living in
extreme poverty from actions or omissions of third parties that might threaten or jeopardize
their human rights. The obligation to fulfil requires States to take positive actions to
facilitate the enjoyment of human rights, including creating institutional mechanisms to
prevent human rights violations.
17.
The guiding principles should also clarify and further develop the obligations
regarding economic, social and cultural rights as they apply to those living in extreme
poverty. They should recall that the obligations of States to progressively realize economic
social and cultural rights10 require them to move as expeditiously and effectively as possible
towards this goal.11 As part of this obligation, “any deliberate retrogressive measures …
would require the most careful consideration and would need to be fully justified by
4
5
6
7
8
9
10
11
Statement adopted by the Committee on Economic, Social and Cultural Rights (E/C.12/2001/10),
para. 8.
A/HRC/7/15, para. 13.
E/CN.4/Sub.2/1996/13, annex III.
A/CONF.166/9, para. 19.
See General Assembly resolutions 60/209 and 61/157.
While this analytical framework was first developed in regard to economic, social and cultural rights
(see, e.g. H. Shue, Basic Rights: Subsistence, Affluence and US Foreign Policy (Princeton, New
Jersey, Princeton University Press 1996); E/CN.4/Sub.2/1987/23; and Committee on Economic,
Social and Cultural Rights, general comments Nos. 12, 13, 14, 15, 16, 17, 18, 19 and 21), it is widely
accepted that it applies to all human rights.
See art. 2 of the International Covenant on Economic, Social and Cultural Rights and art. 4 of the
Convention on the Rights of Persons with Disabilities.
Committee on Economic, Social and Cultural Rights, general comment No. 3 (1990) on the nature of
States party obligations, para. 9.
5