E/CN.4/1999/48
page 35
G.
The poorest of the poor in prisons
140. Extreme poverty causes many persons to fall foul of the law, and it is
they who constitute the vast majority of the prison population. After having
served their term in prison, the poorest remain there because they are unable
to pay their fines. Judicial procedure should therefore be adjusted to take
account of this situation, alternatives to prison should be found and court
officials given special training.
H.
Access to justice
141. Each State should find specific ways of ensuring that legal aid and
legal counsel is available free of charge to all persons living in extreme
poverty. Appropriate training should be given to the experts concerned.
142. Alternatives to judicial proceedings, such as mediation, should also be
encouraged provided they are free choices. Mediation must, however, be
conditional on full respect for human rights and not become a substitute for
judicial remedies; it could be used in both individual and group disputes, as
well as to prevent disputes.
I.
Social workers
143. Social workers have always been the main point of contact for the
socially excluded, many of whom regard them as wielding enormous power and
whose decisions can rarely be discussed or appealed. They should therefore be
trained to assume a role as human rights agents and as experts on the lives of
the poorest and most marginalized.
J.
Technical assistance
144. A technical assistance programme to ensure respect for the rights of the
poorest of the poor should be available to any Government on request. Special
training programmes should be developed for social workers and court
officials, as well as for members of the police force, since people living in
extreme poverty regularly come into contact with the police in their daily
life (through begging, stealing to live, or being homeless in the streets).
Criminalization can be a very rapid process unless police officers have had
suitable training. Relations between the police and welfare bodies should be
the responsibility of a special police department.
K.
Combating corruption
145. Corruption undermines democracy and disrupts the process of collecting
taxes and redistributing them among those living in extreme poverty. Social
democratization polices should be adopted to ensure respect for human rights
in countries affected by corruption.
L.
The impact of armed conflicts
146. Refugees and internally displaced persons - often the poorest of the
poor - should be given priority in State social policy. Programmes to
regularize the situation of undocumented migrants should be adopted by host
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