A/66/265
74. Penalization measures are often motivated by prejudices and negative
stereotypes that ignore the realities of disadvantage and exclusion and fail to
recognize the daily struggle of persons living in poverty to overcome the
multiple obstacles they face. Poverty is not a lifestyle choice. Homeless persons
would prefer safe, affordable, adequate housing to public parks and bus
stations. Those struggling to survive on social benefits would rather have
secure, regular, well-paying, productive employment than be subject to
discrimination and live in constant fear that their entitlements will be taken
away. One does not choose to live in poverty, and therefore should not be
punished for that situation.
75. Measures that result in the penalization of those living in poverty do
nothing to tackle the root causes of poverty and social exclusion. They serve
only to entrench further the multiple deprivations faced by those living in
poverty and create barriers to poverty reduction and social inclusion.
Consequently, they greatly undermine the ability of States to comply with their
obligations to respect, protect and fulfil human rights.
76. Rather than penalizing the poorest for their situation, States must take
positive measures to bring down the legal, economic, social and administrative
barriers that persons living in poverty face in gaining access to food, shelter,
employment, education and health services, and which prevent them from
enjoying their economic, social and cultural rights on an equal footing with the
rest of the population and as part of an inclusive community.
77. The human rights obligation to ensure the satisfaction of, at the very least,
minimum essential levels of all economic, social and cultural rights implies a
responsibility to secure an adequate standard of living through basic
subsistence, including by providing essential primary health care, basic shelter
and housing and basic forms of education. Instead of dedicating scarce
resources to costly penalization measures, States must direct the maximum
available resources towards ensuring that persons living in poverty are able to
enjoy all economic, political, social, civil and cultural rights.
78. Urban transformation, privatization, gentrification, beautification and
redevelopment can seriously undermine several rights of those living in poverty
and contribute to exclusion and stigmatization. As persons living in poverty are
gradually pushed to the fringes of urban centres by these phenomena, their
ability to access employment and public services and enjoy the right to
participate in cultural life is threatened. The concept of adequacy in relation to
the right to housing requires, among other elements, that factors such as the
availability of services and infrastructure, affordability and accessibility be
taken into account. It also requires States to refrain from forced evictions.
79. Public services and social benefits play an integral role in the lives of
persons living in poverty, offering important support and assistance,
particularly during times of economic and social hardship. While often these
benefits are not sufficient to cover the needs of the beneficiaries and their
families, they do provide an important form of support to which they are
entitled, and without which they would not survive. States must refrain from
imposing requirements and conditionalities that stigmatize, stereotype and
penalize beneficiaries. Such measures only undermine the essential support that
social benefits provide and create further obstacles for persons living in poverty.
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