A/HRC/21/39
72.
States should:
(a)
Revise legal and administrative frameworks to protect persons living in
poverty from inappropriate intrusion into their privacy by the authorities. Surveillance
policies, welfare conditionalities and other administrative requirements must be reviewed to
ensure that they do not impose a disproportionate burden on those living in poverty or
invade their privacy;
(b)
Ensure that financial and material poverty is never the sole justification for
removing a child from parental care or for preventing his or her reintegration. In line with
the obligation to protect the best interests of the child in any child protection proceedings,
efforts should be directed primarily towards enabling the child to remain in or return to the
care of his or her parents, including by tackling the material deprivation of the family;
(c)
Design and implement appropriate, well-resourced and culturally sensitive
family support programmes, accessible to persons living in poverty, as part of
comprehensive child welfare and protection policies.
F.
Right to an adequate standard of living
73.
States have the obligation to progressively improve the living conditions of persons
living in poverty. While the right to an adequate standard of living includes specific rights,
some of which appear separately below, it is also an overarching right that encompasses
elements essential for human survival, health and physical and intellectual development.
Lack of an adequate standard of living is related to limited or insecure means of livelihood.
Often a lack of income and the price of basic commodities combine to form a major
obstacle in urban areas. Rural communities usually rely heavily on secure and equitable
access to land, fisheries and forests, which are a source of food and shelter, the basis for
social, cultural and religious practices and a central factor for economic growth. Many
persons, including women, indigenous peoples and small agricultural producers, lack
legally enforceable and sustainable control over and access to such resources.
74.
States should:
(a)
Bring down the economic, social and administrative barriers preventing
persons living in poverty from engaging in productive livelihood activities, including by
building productive assets, skills and capabilities;
(b)
Invest in infrastructure to improve access to basic services necessary for an
adequate standard of living, and to create better energy and technology options for persons
living in poverty;
(c)
Ensure that persons living in poverty have adequate access to resources such
as land, fisheries and forests, and adequate water for subsistence farming, by, inter alia,
taking specific legislative, administrative and policy measures to promote and ensure
sustainable management of productive resources;
(d)
Ensure that indigenous peoples have the right to the lands, territories and
resources that they have traditionally owned, occupied or otherwise used or acquired;
(e)
Ensure those living in poverty, in particular women, have access to basic
financial services, including bank loans, mortgages and other forms of credit, and safe,
affordable means of saving;
(f)
Ensure that policies addressing all areas of the right to an adequate standard
of living, such as food, water and sanitation and housing, are comprehensive and integrated.
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