Report of the Special Rapporteur on Extreme Poverty and Human Rights: Penalization of People Living in Poverty & Human Rights

Abstract

In the present report, the United Nations Special Rapporteur on extreme poverty and human rights analyses several laws, regulations and practices that punish, segregate, control and undermine the autonomy of persons living in poverty. Such measures have been adopted with increasing frequency over the past three decades, intensifying in recent years owing to the economic and financial crises, and now represent a serious threat to the enjoyment of human rights by persons living in poverty. The ways in which States and social forces penalize those living in poverty are interconnected and multidimensional, and cannot be analysed in isolation. For the purpose of this report, the Special Rapporteur identifies the following four areas of concern: (a) laws, regulations and practices which unduly restrict the performance of life-sustaining behaviors in public spaces by persons living in poverty; (b) urban planning regulations and measures related to the gentrification and privatization of public spaces that disproportionately impact persons living in poverty; (c) requirements and conditions imposed on access to public services and social benefits which interfere with the autonomy, privacy and family life of persons living in poverty; and (d) excessive and arbitrary use of detention and incarceration that threatens the liberty and personal security of persons living in poverty.