A/66/265
livelihoods. When States impose bans, onerous licences or strict restrictions on
street vendors, they severely undermine the rights of persons living in poverty to
gain a living.29
40. While States can adopt reasonable regulations, law enforcement officials are
often given wide discretion to determine zones, days and times when street vending
activities are banned or restricted. This makes street vendors more vulnerable to
abuse by law enforcement officials, private individuals or gangs. As a result, they
often suffer from threats to their life and physical integrity, as well as from bribery,
extortion and unlawful seizures of their wares.
41. When street vendors are harassed or bribed or their wares are destroyed, deep
structural inequalities and power imbalances, communication and information
barriers and a lack of access to legal representation make it nearly impossible for
them to complain to police. In countries where street vending is illegal, individuals
are too afraid to report mistreatment or harm to police for fear of being criminalized
themselves. This is particularly acute with respect to street vendors who are
members of vulnerable groups which face widespread discrimination and have
historically had negative relationships with police and authorities, such as women,
migrants and ethnic minorities.
42. Children who live or work on the street are particularly vulnerable to
penalization measures. Street children lead lives defined by abuse, violence and
fear, but because they are stigmatized as criminal or illegitimate they have little
recourse to help or redress. Children on the street are exploited, trafficked, forced to
perform hazardous work and recruited by armed forces and armed groups, and do
not seek the assistance of authorities for fear of further penalization or abuse. In
many cases children living in poverty are not registered at birth and as such cannot
access basic services including primary education. With nowhere else to turn, they
must undertake activities such as street vending, begging or panhandling in order to
survive.30 When these actions are made illegal, they are further forced into
dangerous and abusive situations.
43. Absurdly, regulations that penalize behaviours associated with poverty and
homelessness often impose fines that persons living in poverty are unable to pay.
The illogical outcome of failure to pay a fine is often the imposition of a further
fine, or even a prison sentence. In one country, for example, thousands were
imprisoned in a single year because of non-payment of court-ordered fines.31 The
imposition of prison sentences for non-payment of fines on those unable to pay not
only represents a considerable waste of State financial and administrative resources,
but contributes significantly to perpetuating the social exclusion and economic
hardship of persons living in poverty.
B.
Urban planning regulations and measures
44. In several countries, the transformation of cities through gentrification
policies, the privatization of social housing, redevelopment and adoption of zoning
__________________
29
30
31
11-44449
International Covenant on Economic, Social and Cultural Rights, art. 6.
A/HRC/16/L.13/Rev.1, para. 3 (e).
Irish Penal Reform Trust, “6,681 imprisoned for non-payment of fines in 2010”, 2 February
2011.
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