ArticlePDF Available

Exploration of Poverty and Human Rights Violation: A Legal Analysis

Authors:

Abstract

In light of human rights, poverty has multidimensional faces, so it is quite complicated to define the term poverty. Some scholars have argued that poverty is a cause and consequence of human rights violation, whereas, rest of others found that poverty itself is a violation of human rights. So it is not clear to what extent poverty violates human rights. This ambiguity leads to some other issues as such, the exact definition of poverty, the approach of human rights, the link between discrimination and poverty, whether the poverty line standard maintains equity, the legal obligations of duty holders, and the human rights approach in incorporate in poverty-reducing plans. All through the world, there are various types of human rights discriminatory laws that exist and which lead to poverty. It can be said that State actions fail to reduce poverty owing to the absence or inadequacy of policies and programs and the lack of appropriate government expenses, in cases where resources are available. This paper is made with the purpose to clarify the term human rights and poverty. It is necessary to draw a link between human rights and poverty. This paper also has some other purposes, such as, try to find out reasons for poverty, giving importance to the duty bearer obligations, and designing the poverty reduction strategies under the human rights approach.
UniversePG l www.universepg.com 10
Exploration of Poverty and Human Rights Violation: A Legal Analysis
Md. Arifuzzaman1*, Farhana Esmay Roquiya Rafee 2, and Md. Jahurul Islam3
1Department of Law, Green University of Bangladesh, Dhaka, Bangladesh; 2Advocate, Judge Court, Dhaka, Bangladesh; and
3Advocate, Judge Court, Rajshahi, Bangladesh.
*Correspondence: arif@law.green.edu.bd (Dr. Md. Arifuzzaman, Senior Lecturer, Department of Law, Green Univers ity of
Banglades h, Dhaka, Bangladesh).
ABSTRACT
In light of human rights, poverty has multidimensional faces, so it is quite complicated to define the term
poverty. Some scholars have argued that poverty is a cause and consequence of human rights violation,
whereas, rest of others found that poverty itself is a violation of human rights. So it is not clear to what extent
poverty violates human rights. This ambiguity leads to some other issues as such, the exact definition of
poverty, the approach of human rights, the link between discrimination and poverty, whether the poverty line
standard maintains equity, the legal obligations of duty holders, and the human rights approach in incorporate in
poverty-reducing plans. All through the world, there are various types of human rights discriminatory laws that
exist and which lead to poverty. It can be said that State actions fail to reduce poverty owing to the absence or
inadequacy of policies and programs and the lack of appropriate government expenses, in cases where
resources are available. This paper is made with the purpose to clarify the term human rights and poverty. It is
necessary to draw a link between human rights and poverty. This paper also has some other purposes, such as,
try to find out reasons for poverty, giving importance to the duty bearer obligations, and designing the poverty
reduction strategies under the human rights approach.
Keywords: Poverty, Human rights, Discrimination, Laws, Legal analysis, and International instruments.
1. INTRODUCTION:
Poverty is constantly changing issue, so it is quite
difficult to ascertain the responsible factors behind
poverty. Non-state actors become more influential
than states in the national and international arena. The
international legal instruments are to reduce poverty
using two dominants. The first one identifies with the
duty of human rights in international law and other
one is considered the role of sovereignty in inter-
national law and protects the sovereignty of other
States (Al-Amin et al., 2020; Alston and Bhuta, 2005).
Sometimes, human rights only defined in a narrow
sense with including only civil and political rights.
Then, also including the cultural and social rights, it
will be outlined in broader concept. Mary Robinson
and later from Louise Arbour, UN High Commi-
ssioner for Human Rights, have drawn the need of
precision within the human rights movement as to the
connections between human rights and poverty.
Amartya Sen, the Indian economist who introduced an
alternative model of poverty through his capability
approach theory (Sen, 1976; Islam, 2020).
His under-standing on poverty is that it is not only a
deprivation of income, but also a concern regarding
powerlessness, voicelessness and social exclusion. Sen
defines development as a growth of peoples capabi-
Asian Journ al o f So cial Scien ces an d Legal Studies, 3(1), 10-22, 2021
Publishe r homepage: w w w .unive rs e pg.com , ISS N: 27 07 -466 8 (On li ne) & 2707-465 X (Print)
https ://doi.org/10.34104/ajssls.021.010022
Asian Journal of Social Sciences and Legal Studies
Journal homepa ge : www.universe p g.com /jour na l /a jss ls
Arifuzzaman et al., / Asian Journal of Social Sciences and Legal Studies , 3(1), 10-22, 2021
UniversePG l www.universepg.com 11
lities (Sen, 1981). To safeguard the human rights from
poverty, different poverty reducing approaches are
taken in worldwide. Among them one is Millennium
Development Goals which is taken in 2000 to fulfill
its eight goals (Ligon and Schechter, 2003).
However, MDGs is failure to non-income depriva-
tions, yet three important challenges are lies and to
overcome the challenges, a new concept is introduced
and that is the Sustainable Development Goal (SDG)
(Lawson et al., 2003).
1.1 Background
Worldwide, it is well accepted that everyone should
respect and protect the fundamental rights of a human
being. There is a keen relationship between natural
rights and human rights (Kuper, 2000). In addition,
some scholars have stated that there is no difference
between the two and consider them as being
synonymous (Jones and Shahrokh, 2013).
The Universal Declaration of Human Rights (UDHR)
helps create a condition where all may enjoy his or her
economic, social, cultural, civil and political rights.
Article 11 of the International Covenant on Social,
Economic and Cultural Rights (ICESCR) ensures a
human beings basic necessities. Ultimately, human
rights is a moral and legal entitlement of all human
beings without discrimination of nationality, resi-
dence, sex, religion, origins, color, language or any
other status, as stated in the following:
Everyone has the right to a standard of living
adequate for the health and well-being of himself
and of his family, including food, clothing, housing
and medical care and necessary social services,
and the right to security in the event of
unemployment, sickness, disability, widowhood, old
age or other lack of livelihood in circumstances
beyond his control...(Art 25, UDHR).
Yet, poverty is the symptom of the violation of human
rights and its cause. Overcoming severe poverty is not
only a charitable gesture but an obligation of human
rights. These rights have been protected by various
international laws, treaties, customary laws, general
principles, as well as national constitutions and
legislations (Van, 2010).
1.2 Stateme nt of the problem
As a human being, we have some basic needs-safe
food and water, clothing, shelter, basic medical care
and education. Those who suffer from poverty are
deprived from such basic needs. Poverty exists in
different levels- extreme, moderate and relative, and it
is a vow to enhanced short, medium and long term
protections of human rights of the poor (CESR, 2008).
In poor countries, extreme or absolute poverty mostly
exists. Absolute poverty is defined as households that
cannot meet their basic survival necessities. Moderate
poverty exists in developing countries, and it refers to
conditions of life in which basic needs are just barely
met (Narayan et al., 2000). Whereas in developed
countries, relative poverty a household income level
below a fraction of the average national income, can
be found (Costa, 2008). The World Bank has set the
same standard for poverty line for all nations, be it
developed or developing. In 2015, this standard was
updated to 1.90 USD. However, this is neither a fair
nor an accurate measure owing to the different costs
and conditions in different countries, and it ultimately
creates inequity. The following questions will be
answered in this paper:
a) What can be the exact definition of poverty?
b) What is the approach of human rights?
c) To what extent does poverty violate human
rights?
d) Is there any link between discrimination and
poverty?
e) Can poverty line standard be maintaining the
equity?
f) What would be the legal obligations of
international institutions or duty holders?
g) What would be the human rights approach to
incorporate poverty reducing plans?
1.3 Purpose of the study
This study has the following objectives:
1) To clarify the definition of human rights and
poverty.
2) To draw a relation between human rights and
poverty.
3) To determine causes of poverty.
4) To focus on the duties or obligations of duty
protectors.
Arifuzzaman et al., / Asian Journal of Social Sciences and Legal Studies , 3(1), 10-22, 2021
UniversePG l www.universepg.com 12
5) To introduce some poverty reducing plans
through a human rights approach.
1.4 Scope and limitations
This paper emphases on the issue of poverty under the
provisions of the Universal Declaration of Human
Rights (UDHR, 1948) and other international human
rights regulations. Moreover, this paper seeks to look
into different nations constitutional frameworks and
legislations to ensure social justice and basic nece-
ssities to their people. In this situation, it is hard to
determine the extent of human rights violations under
the two different perspectives, i.e. international versus
national frameworks. Though many human rights
scholars have endeavored to determine the issue of
poverty and human rights, there is still a lack of
conceptual clarity regarding this matter. The ambi-
guous information and ideologies create confusion
regarding to what extent poverty plays a role in human
rights violations. This issue of poverty and human
rights is a constantly changing matter. So, it is
essential to continuously update the information. Any
change that comes into any human rights laws during
this research period has been included in this study.
1.5 De finitions of terms
Pove rty in light of Human Rights - Poverty is a
human condition characterized by the sustained or
chronic deprivation of the resources, capabilities,
choices, security and power necessary for the
enjoyment of an adequate standard of living and other
civil, cultural, economic, political and social rights
(UN Office of the Higher Commissioner of Human
Rights, Committee on Economic, Social and Cultural
Rights).
Extreme poverty to me is the greatest denial of the
exercise of human rights. You don't vote, you don't
participate in any political activity, your views aren't
listened to, you have no food, you have no shelter,
your children are dying of preventable diseases -
you don't even have the right to clean water. It's a
denial of the dignity and worth of each individual
which is what the Universal Declaration proclaims
(Mary Robinson).
Chronically Poor - The chronically poor, who often
suffer earliest and worst following shocks and dis-
asters are also less likely to have risk insurance or
safety nets that can support them through hard times
(Vakis et al., 2016).
Pove rty in light of economics - The World Bank
Group defines poverty as US $1.90 a day.
Right vs. Nee d - According to the Stanford Ency-
clopedia of Philosophy, a right is something which
one is entitled to solely by virtue of being a person and
it enables an individual to live with dignity. More-
over, rights can be enforced and impose an obligation
on the government. A need, in contrast, is a desire that
can be to certain degree legitimate, but it is not the
governments obligation to meet that need (WB,
2018).
Human Rights - Human rights as international
norms that help protect all people everywhere from
severe political, legal, economic, and social abuses; or,
alternatively, that serve to secure and preserve extre-
mely important goods, protections, and freedoms in
those various areas for all people everywhere
(Nickel, 1987). These rights are now envisaged in the
1948 UDHR and in nine principal international
covenants and treaties.
Everyone has the right to a standard of living
adequate for the health and well-being of himself
and of his family, including food, clothing, housing
and medical care and necessary social services
.(Art. 25). Everyone, as a member of society,
has the right to social security and is entitled to
realization, through national ef fort and inter -
national co-operation and in accordance with the
organization and resources of each State .(Art.
22).
Everyone is entitled to social and international
order in which the rights and freedoms set forthin
this Declaration can be fully realized (Art. 28.)
Horizontal Inequality - This occurs in socially cons-
tructed group, for instance gender, race, religion and
caste, language, political or other opinion, national or
social origin. It suggests that all human beings deserve
equal protection against arbitrary discrimination by
public actors under the law.
Vertical Ine quality - This occurs between individuals
or households within a society. This means the overall
Arifuzzaman et al., / Asian Journal of Social Sciences and Legal Studies , 3(1), 10-22, 2021
UniversePG l www.universepg.com 13
income or wealth distribution of an economy. It
recommends that everybody is equal before the law.
1.6 Human rights and poverty
Ultimately, human rights is a moral and legal enti-
tlement of all individuals with no discrimination based
on their nationality, residence, sex, religion, origins,
color, language or any other status (Ravallion, 1988).
However, some have contended that poverty is both
the cause and the effect of human rights violations,
whereas others have presented the argument that
poverty is itself a violation of human rights (Singh and
Singh, 2008). Rest of the other believed that freedom
from poverty as an independent human right. To
answer the question, whether poverty itself is a vio-
lation or not relies upon how one characterizes human
rights and poverty. If the human rights are defined
in a narrow sense and which includes mere civil and
political rights, then the correlation with poverty will
be designed in one way (CESCR, 2000). Then again,
if human rights are defined in consideration of a full
range of rights, i.e. cultural, and social, the relation-
ship will be framed in a changed way (Zimmerman
and Carter, 2003).
According to Mary Robinson and later from Louise
Arbour, UN High Commissioner for Human Rights,
have articulated the lack of clarity within the human
rights movement regarding the relationships between
human rights and poverty (CESCR, 2001). Some-
times, poverty is not treated as a human rights issue
and is also seen as an unavoidable tragedy in low- and
middle income countries (LMICs). Besides that, those
who experience the unpleasant effects of poverty the
most are blamed for their predicament since they are
frequently portrayed as being lazy, undeserving, or
criminals (Muralidhar, 2008). Therefore, their status
as a poor person causes them to be treated like they
are not worthy of human rights protection (Kanbur and
Shaffer, 2007). This facilitates exploitation, discri-
mination, marginalization and stigmatization against
these poverty stricken individuals. As such, they are
denied their basic rights and resources. This is a prime
demonstration of how poverty causes violation of
human rights. The alternate view is that poverty is a
result of human rights violations. When an indivi-
duals human rights are violated, e.g. eviction from
their home/ancestral land, or denial of education, or
health care, this may leave the person in a dire finan-
cial situation. This can perpetuate and reinforce cycles
of poverty, which may eventually become chronic.
1.7 Capability approach
Amartya Sen, the Indian economist who introduced an
alternate model of poverty through his capability
approach theory (Sen, 1981). This theory departs from
the older understanding of poverty as an income based
measure, and introduces the broader conception of
human development. His understanding on poverty is
that it is not mere a deprivation of income, but also a
concern regarding powerlessness, voicelessness and
social exclusion. Sen defines development as a growth
of peoples capabilities. Moreover, he presents the
following two arguments:
1) A person requires good health to accomplish
their freedom and to not be harmed by others
(negative freedom).
2) Governments and societies must empower
institutional environments for good health
(positive freedom).
In brief, Sen defines poverty as the lack of one
individuals necessity to survive within society, and
that survival is also related to the contribution and
participation in daily social activities. Those who have
had their human rights violated may fall into dire
financial and / or social situations which cause them to
suffer from poverty. This in return, causes their rights
to be denied due to systematic exploitation, discrimin-
ation, marginalization and stigmatization. Unless an
outside force, such as legal entities, step in, the cycle
will be reinforced, and perpetuated in a continuous
manner through positive feedback. Therefore, Sens
arguments come into play as that people need to be out
of poverty so as to be healthy, and defend their own
human rights (negative freedom). And legal entities
must step in and empower institutions to make sure
that those institutions can protect the human rights of
everyone (positive freedom).
A human rights approach suggests that poverty is not
simply unavoidable nor can be blamed on the poor.
Moreover, it needs to identify whether poverty is
created by human actions or policy choices. Consid-
ering the human rights approach, poverty is not a
Arifuzzaman et al., / Asian Journal of Social Sciences and Legal Studies , 3(1), 10-22, 2021
UniversePG l www.universepg.com 14
question of fate but an issue of justice. To discard the
view that poverty is unavoidable but rather than focus
on the factors of poverty existence. In the US, racial,
ethnic, and national minorities, especially Latino and
African American persons, are disproportionately con-
centrated in poor residential areas characterized by
substandard housing conditions, limited employment
opportunities, inadequate access to health care facile-
ties, under-resourced schools, and high exposure to
crime and violence.
In the US, in the criminal justice system racial and
ethnic minorities have been treated inappropriately.
Roughly 3.1 percent of African men, 1.3 percent of
Latino men and 0.5 percent of White men are in
prison. (Bureau of Justice Statistics) The criminal
records of racial and ethnic minorities are more than
whites. Besides that, some stigma and legal discri-
mination also lie in employment, residence, education,
public benefits, judicial service and right to vote as
well. In Europe, Roma people are the poorest among
all and the most deprived. They are discriminated on a
daily basis, such as accessing housing, healthcare,
education and employment (Human Rights Watch). In
Burma, the Rohingya (a Muslim minority group), who
force restrictions on movement, employment oppor-
tunities, education, marriage and other aspects of daily
lives. Moreover, they have faced rude forced labor,
arbitrary detention, rape and torture and killings on
ethnic and religion grounds. In Bangladesh, certain
discriminatory family laws on marriage and divorce
push certain women and families into poverty
(Shahjalal, 2020). These family laws are treated as
barriers of divorce for women than men, lack of
direction on maintenance claims and provisions for
partition of marital property after divorce and also
ignore womens contribution to households. It shows
that State actions fail to reduce poverty, due to the
absence of inadequacy of policies and programs and
the lack of appropriate government expenditure, in
cases where resources are available. In present,
poverty has become the top issue of the global agenda.
For over 200 years, prominent scientists have been
trying to define the term Poverty (Costa, 2008).
In the past, poverty was defined as low income.
Moreover, some thinkers have argued that poverty was
necessary for economic advancement because they
believed that only those who suffered from the poverty
would be eager to farm land, work in factories and
join armies. They thought that the main motivation for
doing such work was to avoid hunger. Poverty is
defined under the human rights framework in multiple
dimensions which create ambiguity. In light of human
rights, there is a conflict regarding the term poverty.
Some argue that poverty is a cause, along with a
consequence of human rights violation, whereas others
believe that itself it is a violation of human rights.
Therefore, it becomes essential to clarify the relation
between poverty and human rights concerning human
rights law. If human rights include only civil and
political rights, then the relationship will be framed in
one way. On the other hand, if human rights include
the full range of rights (economic and social rights)
then it will be framed in a changed way. To build up
the conceptual clarity, it is significant to define
poverty and human rights and to draw the relation of
poverty and human rights.
2. Inequality and Discrimination
There is a keen relation between poverty and discri-
mination is enormous evident in developed countries
and developing countries also. The right to equality
and the principle of non-discrimination are the most
basic elements of international human rights law.
Human rights framework offers partial guidance on
the inferences of increasing polarized society, whereas
still remains the gap. Inequality is measured in
different ways such as between individuals, between
households, between social groups and between
countries (Clark, 2006).
It is categorized in two types- horizontal and vertical
inequality. Horizontal inequality occurs into the
socially constructed group, such as gender, race, sex,
religion and caste, political, language or other opinion,
national or social origin. This suggests that al