Philip Geoffrey AlstonAO is an Australian international law scholar and human rights practitioner. He is John Norton Pomeroy Professor of Law at New York University School of Law, and co-chair of the law school's Center for Human Rights and Global Justice. In human rights law, Alston has held a range of senior UN appointments for over two decades, including United Nations Special Rapporteur on extrajudicial, summary or arbitrary executions, a position he held from August 2004 to July 2010, and UN Special Rapporteur on extreme poverty and human rights from 2014-2020.[1]
Alston's first academic appointments were at Tufts University (1985–89) and Harvard Law School (1984–89). Alston was then professor at the Australian National University (1990–95), and also director of its Center for International and Public Law. He was then professor at the European University Institute (1996–2001), before moving to New York University School of Law, where he is the John Norton Pomeroy Professor of Law and co-chair of the law school's Center for Human Rights and Global Justice. He became a faculty instructor in the NYU Law Institute for Executive Education, which was launched in 2015.[2]
United Nations
In human rights law, Alston has held a range of senior UN appointments for over two decades. From 1986 to 1991 he was the first Rapporteur for the UN Committee on Economic, Social and Cultural Rights; he then chaired the committee from 1991 to 1998. [3]
He has been involved in the field of children's rights and the legal adviser to UNICEF throughout the period of the drafting of the U.N. Convention on the Rights of the Child. He participated in the UNICEF delegation to the drafting sessions of the convention and continued to advise UNICEF for several years after the convention's adoption in 1989, especially in relation to promoting the ratification of the convention by countries around the world. [citation needed] He published two studies for UNICEF on children's rights. The first was The Best Interests of the Child: Reconciling Culture and Human Rights (1994), and the second, with John Tobin, was Laying the Foundations for Children's Rights, published in 2005 by UNICEF.
Alston's reports to the UN relating to extrajudicial executions also dealt with broad thematic issues that arose in many countries, such as witchcraft and vigilante killings, national-level commissions of inquiry dealing with unlawful killings, the problem of prisoners running prisons, the importance of witness protection programs, the problem of governmental reprisals against individuals or groups who have cooperated with a UN human rights inquiry, the need to regulate the use of lethal force by law enforcement officers, shoot-to-kill policies, the relationship between human rights law and international humanitarian law, mercy killings in times of armed conflict, and the need to make military justice systems compatible with human rights. With respect to the death penalty, Alston's reports discussed the need for transparency, the unacceptability of the mandatory death penalty under international law, the definition of the 'most serious crimes' for which the death penalty may be imposed, the right to seek pardon or commutation of a death sentence, and the juvenile death penalty. [citation needed]
On extreme poverty and human rights
In 2014, Alston was appointed UN Special Rapporteur on extreme poverty and human rights. In 1998, the OHCHR established the mandate on extreme poverty. In June 2006 the Human Rights Council took over its mandate. Its goals include providing "greater prominence to the plight of those living in extreme poverty and to highlight the human rights consequences of the systematic neglect to which they are all too often subjected."[4]
In May 2015, Alston submitted his first report to the Human Rights Council in his capacity as Special Rapporteur on extreme poverty and human rights. In it, he focused on the "relationship between extreme poverty and extreme inequality and argues that a human rights framework is critical in addressing extreme inequality." He provided "an overview of the widening economic and social inequalities around the world; illustrates how such inequalities stifle equal opportunity, lead to laws, regulations and institutions that favour the powerful, and perpetuate discrimination against certain groups, such as women; and further discusses the negative effects of economic inequalities on a range of civil, political, economic, social and cultural rights...[He proposed] an agenda for the future for tackling inequality, including: committing to reduce extreme inequality; giving economic, social and cultural rights the same prominence and priority as are given to civil and political rights; recognizing the right to social protection; implementing fiscal policies specifically aimed at reducing inequality; revitalizing and giving substance to the right to equality; and putting questions of resource redistribution at the centre of human rights debates."[5]
In late October 2016, Alston released a scathing report to the UN General Assembly, calling the UN's refusal to accept responsibility for the devastating 2010 Haiti cholera outbreak a "disgrace." The "deadly cholera bacterium" was imported to Haiti in 2010 by infected UN peacekeepers "who were relocated from Nepal" without first being "screened for the illness".[6] The screening would have cost "as little as $2,000." The report criticized the "flawed and unfounded" advice given by the UN's Office of Legal Affairs (OLA), that he blames for preventing the UN from accepting responsibility for the outbreak.[7] According to Alston, "The UN's explicit and unqualified denial of anything other than a moral responsibility is a disgrace. If the United Nations bluntly refuses to hold itself accountable for human rights violations, it makes a mockery of its efforts to hold governments and others to account."[6] Alston said that the UN appeared to have been pressed by United States, the "main contributor to the UN's peacekeeping budget", to "adopt the position frequently taken by lawyers in the US that responsibility should never be accepted voluntarily, since it could complicate future litigation."[6] Alston explained that "this rationale is completely inapplicable to the UN", which unlike the justice system in the United States, "enjoys absolute immunity from suit in national courts and whose reputation depends almost entirely on being seen to act with integrity."[6] Alston expressed concern that the "$400m financial package being put together by the UN" might face funding hurdles. "If you deny responsibility then it's much harder to raise money, to mobilise resources because it becomes just another general development problem... And I think the UN has actually exacerbated the problem significantly through its denials for many years."[8] In his opening and closing statements, Alston called on advocacy groups like the Boston-based Institute for Justice and Democracy in Haiti (IJDH) and the Haiti-based Bureau des Avocats Internationaux[fr] (BAI) to continue their work, and to keep up pressure on UN Member States.[7]
In 2017 the United Nations undertook an investigation on the effects of systemic poverty in the United States. In a 29 November 2017 Office of the United Nations High Commissioner for Human Rights (OHCHR) statement, Alston observed, "Some might ask why a UN Special Rapporteur on extreme poverty and human rights would visit a country as rich as the United States. But despite great wealth in the US, there also exists great poverty and inequality...[He will] focus on how poverty affects the civil and political rights of people living within the US, given the United States' consistent emphasis on the importance it attaches to these rights in its foreign policy...[He will investigate] the "criminal justice system, welfare and healthcare, barriers to political participation, homelessness, and basic social rights such as the right to social protection, housing, water and sanitation."[9] In November 2017, the American Society of Tropical Medicine and Hygiene (ASTMH) published a report on an outbreak of hookworm in Alabama, which is a disease of extreme poverty.[10] Hookworm, an intestinal parasite, an endemic tropical disease, is listed as a neglected tropical disease.[11] It was thought[12] to have been "slowly eradicated" in the United States starting in the 1930s.[13]:35–6 It is found in areas that have "[i]nadequate public health services and a general lack of basic citizen knowledge of health and hygiene" and reflects a "weak public education system."[13] The UN investigation includes areas in California, Alabama, Georgia, Puerto Rico, Washington, D.C., and West Virginia. In December 2017, Alston reported that in "a community in Butler County, Alabama he found raw sewage flowing "from homes through exposed PVC pipes and into open trenches and pits."[14] Alston was given a tour of Skid Row by General Dogon-"50 blocks of concentrated human humiliation"—in the center of downtown Los Angeles.[15] According to The Guardian, there was a surge in the cost of housing following the "tech boom for the 0.001%".[15] In the early 2010s, Google, Microsoft, Facebook, YouTube and startups Hulu, Demand Media, Snapchat opened offices in Los Angeles' neighbourhoods, Santa MonicaVenice, and Playa del Rey tech boom for the 0.001%,[16] Los Angeles has the largest population of homeless people in the United States. By December 2017, their numbers increased 25% to 55,000.[15]
In autumn 2018, Alston did a two-week fact-finding tour of the United Kingdom where he met with people living in poverty, spoke with civil society front line workers, work coaches, and local, devolved and UK governments, "and visited community organisations, social housing, a Jobcentre, a food bank, an advice center, a library, and a primary school."[17] He met with politicians from all major political parties, Welsh and central government ministers and Scotland's First Minister. In a statement released on 16 November he said for almost half of the nation's children to be poor today is "not just a disgrace, but a social calamity and an economic disaster, all rolled into one", the government's approach to poverty is not guided by economics but "a commitment to achieving radical social re-engineering", and the government should adopt policies that ensure the poor do not have to shoulder the largest share of the ongoing financial burden to the nation arising from Brexit.[18][17]
Alston said the UK government caused "great misery" with "punitive, mean-spirited, and often callous" austerity measures, and roughly 14 million people, one in five of the UK population, experience poverty and 1.5 million are destitute, cannot pay for basic essentials. He cited statistics from the Institute for Fiscal Studies and the Joseph Rowntree Foundation, and noted particularly predictions that child poverty could increase by 7% between 2015 and 2022, possibly reaching 40%. He said, "It is patently unjust and contrary to British values that so many people are living in poverty," and added that compassion had been given up during nearly a decade of austerity so severe that key parts of the postwar social contract, William Beveridge worked out over 70 years ago, had been lost. Alston visited towns and cities including London, Oxford, Cardiff, Newcastle, Glasgow and Belfast, then Alston said “obvious to anyone who opens their eyes to see the immense growth in food banks and the queues waiting outside them, the people sleeping rough in the streets, the growth of homelessness, the sense of deep despair that leads even the government to appoint a minister for suicide prevention and civil society to report in depth on unheard-of levels of loneliness and isolation”. A government spokesperson stated that average household incomes were at a record high, income inequality had fallen and that universal credit, which Alston attacked as "Orwellian" and "fast falling into universal discredit", was supporting people into work faster.[19]
As special rapporteur on extreme poverty and human rights, he received support from the New York University School of law which received to this end several grants from the Ford Foundation and the Open Society Foundations.[20]
Other
Alston also directed a project funded by the European Commission, which resulted in the publication of a Human Rights Agenda for the European Union for the Year 2000 and a 1999 volume of essays (The European Union and Human Rights). Many of its recommendations were subsequently implemented by the European Commission and the European Council. He also is one of 29 signatories to the Yogyakarta Principles.[21]
Alston has written on issues such as economic, social and cultural rights, United Nations institutions and procedures, labour rights, the role of non-state actors in relation to human rights, comparative bills of rights, the use of force, and human rights and development policies. He is also one of the authors of a textbook in the field entitled International Human Rights in Context, Law, Politics, Morals, published by Oxford University Press. A third edition was published in 2007.
In a 2017 article in the Journal of Human Rights Practice, faced with the rise of populism, Alston called for a reframing of "economic and social rights as human rights rather than as welfare or development objectives." He also called on academics, those who are anti- and pro- human rights, to pay attention to the "unintended consequences of their scholarship."[23]
His 2019 article with Bassam Khawaja and Rebecca Riddell, "Much Ado About Poverty," provided a behind the scenes account of the role of a UN Special Rapporteur, "in investigating and evaluating the situation of people in poverty in a wide range of countries."[24]
Related Research Articles
Extreme poverty is the most severe type of poverty, defined by the United Nations (UN) as "a condition characterized by severe deprivation of basic human needs, including food, safe drinking water, sanitation facilities, health, shelter, education and information. It depends not only on income but also on access to services". Historically, other definitions have been proposed within the United Nations.
The Office of the United Nations High Commissioner for Human Rights, commonly known as the Office of the High Commissioner for Human Rights (OHCHR) or the United Nations Human Rights Office, is a department of the Secretariat of the United Nations that works to promote and protect human rights that are guaranteed under international law and stipulated in the Universal Declaration of Human Rights of 1948. The office was established by the United Nations General Assembly on 20 December 1993 in the wake of the 1993 World Conference on Human Rights.
Special rapporteur is the title given to independent human rights experts whose expertise is called upon by the United Nations to report or advise on human rights from a thematic or country-specific perspective.
The human right to water and sanitation (HRWS) is a principle stating that clean drinking water and sanitation are a universal human right because of their high importance in sustaining every person's life. It was recognized as a human right by the United Nations General Assembly on 28 July 2010. The HRWS has been recognized in international law through human rights treaties, declarations and other standards. Some commentators have based an argument for the existence of a universal human right to water on grounds independent of the 2010 General Assembly resolution, such as Article 11.1 of the International Covenant on Economic, Social and Cultural Rights (ICESCR); among those commentators, those who accept the existence of international ius cogens and consider it to include the Covenant's provisions hold that such a right is a universally binding principle of international law. Other treaties that explicitly recognize the HRWS include the 1979 Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the 1989 Convention on the Rights of the Child (CRC).
Human rights in the Philippines are protected by the Constitution of the Philippines, to make sure that people in the Philippines are able to live peacefully and with dignity, safe from the abuse of any individuals or institutions, including the state.
Extrajudicial killings and forced disappearances in the Philippines are illegal executions – unlawful or felonious killings – and forced disappearances in the Philippines. These are forms of extrajudicial punishment, and include extrajudicial executions, summary executions, arbitrary arrest and detentions, and failed prosecutions due to political activities of leading political, trade union members, dissident or social figures, left-wing political parties, non-governmental organizations, political journalists, outspoken clergy, anti-mining activists, agricultural reform activists, members of organizations that are alleged as allied or legal fronts of the communist movement or claimed supporters of the NPA and its political wing, the Communist Party of the Philippines (CPP). Other frequent targets are ancestral land rights defenders, Indigenous rights activists, environmentalists, and human rights workers.
In the United States, poverty has both social and political implications. In 2020, there were 37.2 million people in poverty. Some of the many causes include income inequality, inflation, unemployment, debt traps and poor education. The majority of adults living in poverty are employed and have at least a high school education. Although the US is a relatively wealthy country by international standards, it has a persistently high poverty rate compared to other developed countries due in part to a less generous welfare system.
Discussions of LGBT rights at the United Nations have included resolutions and joint statements in the United Nations General Assembly and the United Nations Human Rights Council (UNHRC), attention to the expert-led human rights mechanisms, as well as by the UN Agencies.
Olivier De Schutter is a Belgian legal scholar specialising in economic and social rights. He served as the United Nations Special Rapporteur on the right to food from 2008 to 2014. He is a Professor of international human rights law, European Union law and legal theory at the University of Louvain (UCLouvain) in Louvain-la-Neuve, Belgium, as well as at the College of Europe and at Sciences Po in Paris. He was a regular visiting professor at Columbia University between 2008 and 2012 and has regularly contributed to the American University Washington College of Law's Academy on Human Rights and Humanitarian Law. He is the first chair of the Belgian Advisory Council on Policy Coherence for Development and he co-chairs the International Panel of Experts on Sustainable Food Systems (IPES-Food), a group of experts from various disciplines and regions who work together towards developing proposals for food systems reform. A Member of the UN Committee on Economic, Social and Cultural Rights between 2015 and 2020, he was appointed the UN Special Rapporteur on extreme poverty and human rights, and took up his functions on May 1, 2020.
The Yogyakarta Principles is a document about human rights in the areas of sexual orientation and gender identity that was published as the outcome of an international meeting of human rights groups in Yogyakarta, Indonesia, in November 2006. The principles were supplemented and expanded in 2017 to include new grounds of gender expression and sex characteristics and a number of new principles. However, the Principles have never been accepted by the United Nations (UN) and the attempt to make gender identity and sexual orientation new categories of non-discrimination has been repeatedly rejected by the General Assembly, the UN Human Rights Council and other UN bodies.
The social protection floor (SPF) is the first level of protection in a national social protection system. It is a basic set of social rights derived from human right treaties, including access to essential services and social transfers, in cash or in kind, to guarantee economic security, food security, adequate nutrition and access to essential services.
Human rights and climate change is a conceptual and legal framework under which international human rights and their relationship to global warming are studied, analyzed, and addressed. The framework has been employed by governments, United Nations organizations, intergovernmental and non-governmental organizations, human rights and environmental advocates, and academics to guide national and international policy on climate change under the United Nations Framework Convention on Climate Change (UNFCCC) and the core international human rights instruments. In 2022 Working Group II of the IPCC suggested that "climate justice comprises justice that links development and human rights to achieve a rights-based approach to addressing climate change".
The United Nations special rapporteur on the rights to freedom of peaceful assembly and of association works independently to inform and advise the United Nations Human Rights Council. The special rapporteur examines, monitors, advises and publicly reports on the rights to freedom of peaceful assembly and of association worldwide.
Development is a human right that belongs to everyone, individually and collectively. Everyone is “entitled to participate in, contribute to, and enjoy economic, social, cultural and political development, in which all human rights and fundamental freedoms can be fully realized,” states the groundbreaking UN Declaration on the Right to Development, proclaimed in 1986.
Agnès Callamard is a French human rights activist who is the Secretary General of Amnesty International. She was previously the Special Rapporteur on extrajudicial, summary, or arbitrary executions appointed by the United Nations Human Rights Council, and the former Director of the Columbia University Global Freedom of Expression project.
Michel Forst is a French national actively involved in the defence of human rights. Former Secretary General of the French national human rights institution, he was the United Nations Special Rapporteur on the situation of human rights defenders from June 2014 to March 2020.
Leilani Farha is a Canadian lawyer who is the Global Director of THE SHIFT, a housing initiative. Between June 2014 and April 2020, she was the United Nations special rapporteur on adequate housing.
Yakin Ertürk is a Turkish former United Nations special rapporteur on violence against women and board member of the United Nations Research Institute for Social Development (UNRISD), and was a professor of Sociology.
The United Nations response to the COVID-19 pandemic has been led by its Secretary-General and can be divided into formal resolutions at the General Assembly and at the Security Council (UNSC), and operations via its specialized agencies and chiefly the World Health Organization in the initial stages, but involving more humanitarian-oriented agencies as the humanitarian impact became clearer, and then economic organizations, like the United Nations Conference on Trade and Development, the International Labour Organization, and the World Bank, as the socioeconomic implications worsened.
↑ Alston, Philip (1 February 2017), "The Populist Challenge to Human Rights", Journal of Human Rights Practice, 9 (1): 1–15, doi:10.1093/jhuman/hux007, retrieved 12 December 2017, The nationalistic, xenophobic, misogynistic, and explicitly anti-human rights agenda of many populist political leaders requires human rights proponents to rethink many longstanding assumptions...Amongst the challenges are the need to...to embrace and assert economic and social rights as human rights rather than as welfare or development objectives. It will be crucial to engage with issues of resources and redistribution, including budgets, tax policy, and fiscal policies. There is a need for collaboration with a broader range of actors, to be more persuasive and less didactic, and to be prepared to break with some of the old certainties. Academics should pay attention to the unintended consequences of their scholarship, and everyone in the human rights movement needs to reflect on the contributions each can make.
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