International human rights bodies have said it loud and clear: We need clear targets to reduce child poverty

This article was published first by Huffington Post

The UK needs clear targets to reduce and eventually put an end to child poverty.

This is the purpose of a Private Members’ Bill sponsored by Dan Jarvis MP. The Bill places the duty on the government to set targets to limit both absolute and relative child poverty, to lay out a clear strategy, and to report to Parliament on progress made to meet the targets. The Bill intends to restore the benchmarks of the Child Poverty Act 2010, which were removed by the Welfare Reform and Work Act 2016.

According to the Department of Work and Pensions, the proportion of children in absolute low income (before housing costs) was 17% in 2014/15, substantially more than the 5% target of the Bill being discussed in Parliament. Furthermore, the Institute for Fiscal Studies has predicted a 3-point rise in absolute child poverty between 2016 and 2020 as a result of planned tax and benefit reforms. Continue reading “International human rights bodies have said it loud and clear: We need clear targets to reduce child poverty”

The UK government cannot reconcile austerity measures with human rights

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Authors: Jamie Burton, Alice Donald and Koldo Casla
This article was published in Open Global Rights (Open Democracy)
A UN Committee of independent experts recently issued a harshly worded report on the extent to which public authorities have been complying with international law on socio-economic rights. The Committee monitors states compliance with the International Covenant on Economic, Social and Cultural Rights, which the UK has voluntarily ratified along with 163 other countries. Adherence to the Covenant is a matter of rule of law. However, after months of engagement with government officials and evidence gathering from civil society groups (including Just Fair), the Committee’s report could hardly have been more damning.

Continue reading “The UK government cannot reconcile austerity measures with human rights”

Dear fellow jurists, human rights are about politics, and that’s perfectly fine

socialjusticeFor decades, the global human rights community has seen human rights as a matter of law, mostly international law. Economic, social and cultural rights, however, are meant to be progressively realized making use of all available resources. The violations approach and the work on their justiciability do not address the structural factors that constrain the enjoyment of these rights. Human rights are about policy and politics as much as about law. There is room for human rights advocacy outside and beyond the limits of the law.

Abstract of a chapter by Koldo Casla in Can human rights bring social justice?, book edited by Amnesty International Netherlands in the Changing Perspectives on Human Rights collection.

Right to housing in Spain: What have the Romans ever done for us?

Should we say thousands, tens of thousands or hundreds of thousands? I must admit we were not sure how to start the report Evicted Rights: Right to Housing and Mortgage Evictions in Spain, published by Amnesty International – Spain on 23 June 2015 (see here in Spanish).download (1)According to judicial statistics, there have been nearly 600,000 foreclosure procedures since the beginning of the economic crisis in 2008. Luckily, not all of them have ended up in an eviction, neither do all affect first homes. So, if not all, how many then? If we check the data from the National Statistics Institute and the Bank of Spain, we will get some information about the number of households and first homes that have gone through a mortgage foreclosure since 2012. Yet, not even then we’ll have the full picture. It may seem strange, but to this day there are not yet official statistics about the number of people who have lost their home because they couldn’t keep paying back their debt to the bank.

However, combining different sources, we can confidently say that since the beginning of the economic crisis in 2008, hundreds of thousands of people have been evicted or are at risk of being evicted due to over-indebtedness and high unemployment (around 23%). Figures are overwhelming, but not as much as the testimonies of Ainhoa, Maritza, Sara, Francisco and 41 more people who shared their stories with Amnesty International. They are human rights defenders; they claim their own rights, and the rights of their relatives, friends and colleagues, of all of us, really. Continue reading “Right to housing in Spain: What have the Romans ever done for us?”

The Greek tragedy proves that Europe does not believe in economic and social rights as a matter of justice

Early this morning, the President of the EU Council has announced that a deal had been reached. After one referendum and a collection of ultimatums, Grexit is out of the question, for now.

tusk

The details of the agreement remain unspecified as I write these lines. The Guardian reports that, this last intense weekend, the German Government proposed measures such as Greece leaving the Euro temporarily if it refused a new bailout or, Greece setting aside €50 billion worth of assets as collateral for an eventual privatisation (hopefully, the Acropolis wasn’t in the list of assets). The paper says that the proposals “did not enjoy a consensus among eurozone leaders”, which is a slight relief.

At this point, the exact lyrics of the song have not been made public, but the stage where they have to be performed is well known. In 2013, the UN Independent Expert on Foreign Debt and Human Rights warned that “the prospects of a significant number of Greeks securing an adequate standard of living in line with international human rights standards have been compromised by bailout conditions imposed by Greece’s international lenders”. After visiting the country, he denounced that more than 10% of the population lived in extreme poverty. National economy has shrunk by a quarter since the beginning of the implementation of extreme cuts in 2010, with rocketing unemployment (nearly 30%), especially among youngsters (twice that percentage). In late 2014, the FIDH and the Hellenic League for Human Rights reported a similarly bleak picture, with radical cuts in minimum wages since 2012 (22-32%) and rising inequality.

164 countries from all over the world, including all EU Member States, have ratified the International Covenant on Economic, Social and Cultural Rights (1966), which demands from Governments the adoption of all necessary measures to achieve progressively the full satisfaction of the rights to work, housing, health and education, among others. All EU Member States have also ratified the European Social Charter, either the original (1961) or the revised one (1996). Economic, social and cultural rights are also included in the EU Charter of Fundamental Rights (2000), “which shall have the same legal value as the Treaties” (Article 6.1 of the Treaty of the European Union, since the entry into force of the Lisbon Treaty in 2009).

ICESCR Continue reading “The Greek tragedy proves that Europe does not believe in economic and social rights as a matter of justice”

When could I start considering the possibility of anti-homeless spikes?

The inch-high studs have been installed in an alcove at the entrance to luxury flats in LondonThese spikes were installed in the entrance of a luxury block of flats in South London. Somebody took the picture and sparked a rapid reaction on social media. Both the local Council and the Mayor of London urged the owners to remove them as soon as possible. I don’t know if they are still there. It is a private area and public authorities have demanded action. They are not the ones to blame in this case. However, what if these spikes had been installed in a public square? And even in the case at hand, what about the legitimate right to property of the people living in those flats? Continue reading “When could I start considering the possibility of anti-homeless spikes?”

What does a 6.5% public surplus mean from the perspective of the ICESCR?

201416114832861621_20Earlier this month, the Greek Government assumed the Presidency of the Council of the EU for this semester. In an attempt to show off the austerity efforts made by his Government, the Deputy Prime Minister, Evangelos Venizelos, said in a recent interview with Euronews:

Over the past three and a half years, Greece has made the biggest fiscal adjustment in the history of the western economy. We began back in 2009 with a 12 percent primary deficit, and now we have achieved a primary surplus, which in terms of structural surplus – that is not taking into account the circumstantial results of the recession – is as high as 6.5 percent. We are by far the best-performing country in Europe in terms of primary fiscal results, and one of the best in the world.

As written some time ago, if Greece had been militarily occupied instead of “rescued” by the Troika, international law would have provided some more tools to protect the local population. Having said that, even in the current situation international human rights law imposes certain obligations. In particular, one must question whether such an impressive evolution of the public accounts over a short period of time (from -12 to a projected +6.5 in a lustrum) goes in line with the International Covenant on Economic, Social and Cultural Rights (ICESCR), ratified by Greece back in 1985. Continue reading “What does a 6.5% public surplus mean from the perspective of the ICESCR?”