A/66/265
(e) Access to legal representation is of utmost importance and underpins
all forms of penalization of persons living in poverty. States shall ensure quality
legal aid for the poorest segments of society, not only for criminal proceedings
but also with respect to issues which are particularly relevant for persons living
in poverty, such as social benefit appeals, eviction and child protection
procedures;
(f) States must ensure that all criminal and regulatory policies comply
with human rights standards, including the principles of equality and
non-discrimination and the presumption of innocence. Laws which specifically
target the particular behaviours and actions of persons living in poverty
amount to discrimination on the basis of economic and social status, and shall
be repealed;
(g) States shall recall their obligations to ensure that everyone has the
right to adequate housing as a component of the right to an adequate standard
of living. This right requires States to ensure the affordability of housing and its
accessibility to social services and infrastructure. They must also refrain from
carrying out forced evictions. Where evictions are unavoidable, States shall
ensure that they are conducted in a manner which respects the dignity and
rights to life and security of those affected;58
(h) The design and implementation of social benefit systems must
comply with human rights norms, including the rights of persons living in
poverty to privacy and family life and to take part in the decisions that affect
them. Surveillance policies, conditionalities and other requirements must be
reviewed to ensure that they do not violate human rights obligations by
imposing a disproportionate burden on those living in poverty. When collecting
and processing information pertaining to beneficiaries, States shall ensure that
they observe internationally accepted standards of privacy and confidentiality,
and shall not disseminate such information to other authorities or use it for
other purposes without the consent of the beneficiary;
(i) States must only have recourse to detention and incarceration when
it is necessary to meet a pressing societal need, and in a manner proportionate
to that need. States must ensure that arrest or detention does not
disproportionately affect those living in poverty. To this end, States shall:
(i) Review all detention and incarceration policies and legislation, in
order to identify and remove discriminatory laws and practices which
disproportionately disadvantage persons living in poverty. Measures
should be put in place to enable police, courts and public officials to
adequately assess the potential effects of detention or incarceration in the
light of each individual’s circumstances;
(ii) Ensure that to the greatest possible extent, bail processes take into
account the economic and societal circumstances of persons living in
poverty.
__________________
58
11-44449
See Committee on Economic, Social and Cultural Rights, general comment No. 7; Basic
Principles and Guidelines on Development based Evictions and Displacement (A/HRC/4/18).
23
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