A/HRC/15/41
reference to the totality of the rights provided for in the Covenant and in the context of the
full use of the maximum available resources”.12
18.
The guiding principles should recall that States parties to the International Covenant
on Economic, Social and Cultural Rights are required to directly provide minimum
essential levels of all economic, social and cultural rights when individuals or groups are
unable, for reasons beyond their control, to realize these human rights by the means at their
disposal.13 Fulfilling this minimum core obligation immediately is “incumbent on every
State party”.14 Should it be unable to do so, “it must demonstrate that every effort has been
made to use all resources that are at its disposition in an effort to satisfy, as a matter of
priority, these minimum obligations”.15
19.
Considering that the majority of those living in extreme poverty are children and that
extreme poverty in childhood is also a root cause of poverty in adulthood,16 the draft
guiding principles should pay particular attention to children and address the issue of how
measures to tackle extreme poverty should take into account their rights in relation to those
of their parents/guardians or carers.
20.
In line with the Sub-Commission draft, the guiding principles should focus on State
obligations without neglecting the potential role of non-State actors, including international
organizations, national human rights institutions, civil society organizations and the private
sector. All have significant responsibilities in the promotion and protection of human rights
of those living in poverty. The guiding principles should reaffirm States obligations to
create an enabling environment that fosters and promotes the capacity of individuals,
community-based organizations, social movements and other non-governmental
organizations to combat poverty and empower persons living in extreme poverty to claim
their rights.
IV.
Overview of the main underlying and reinforcing
deprivations faced by persons living in extreme poverty
21.
Poverty is not an inevitable phenomenon. It is frequently a result of actions and
omissions by those in charge of State policies and other powerful economic entities. Due to
structural - often unaddressed - social, political, economic and cultural inequalities, it is
transmitted from one generation to another. As noted by special procedures mandate
holders, “poverty is often a cause, as well as a result, of a complex system of human rights
denials in which violations of civil, cultural, economic, political and social rights interact
and mutually reinforce each other with devastating effects”.17
22.
The deprivations faced by persons living in extreme poverty are often imperceptible
and go far beyond lack of income. Social exclusion and discrimination are major causes and
consequences of poverty. Due to discrimination, groups such as women, children, racial
and ethnic minorities, migrants and non-citizens, refugees, indigenous peoples, persons
with disabilities and older persons, encounter greater challenges accessing income, assets
12
13
14
15
16
17
6
Ibid.
See, for example, Committee on Economic, Social and Cultural Rights, general comment No. 12
(1999) on the right to adequate food, para. 15.
Committee on Economic, Social and Cultural Rights, general comment No. 3, para. 10.
Ibid.
For figures in OECD countries, see Growing Unequal? Income Distribution and Poverty in OECD
Countries (OECD, Paris, 2008), page 16.
Statement made by 37 special procedures mandate holders on Human Rights Day, 8 December 2006.