poverty, human rights, Moldova, legislation, government

Natalia Motili

English

Research Papers in Economics

22
Revista economică
1. INTRODUCTION
In the latest years it became 
more and more clear that pov-
erty represents both moral and 
economic challenge for many 
countries. Poverty can be com-
pared with a silent ragedy, modern 
society being more inclined to 
care about the victims of natural 
disasters, such as earthquakes 
and floods, remaining reluctant 
towards even higher numbers of 
victims of poverty, which is a 
product of the society. For exam-
ple, an estimated 21,342 people 
lost their lives in catastrophes in-
cluding earthquakes, windstorms 
and floods in 2006. At the same 
time, worldwide, more than 1 
billion people of the 6.5 billion 
people living on the Earth, cur-
rently live below the international 
poverty line, earning less than $1 
per day.
2. HUMAN RIGHTS ASPECTS 
OF POVERTY
2.2. Theoretical aspects
Important contributions to 
link concepts of human rights and 
poverty have been made during 
the last two decades. Individuals 
and organizations put their efforts 
in proving that poverty is a denial 
of human rights. According to 
Kofi Annan, “wherever we lift 
one soul from a life of poverty, we 
are defending human rights. And 
whenever we fail in this mission, 
we are failing human rights.”
One early description of 
poverty from a human rights per-
spective was proposed by Father 
Wresinski, the founder of ATD 
Fourth World, in 1987: “The lack 
of basic security connotes the 
absence of one or more factors 
Natalia MOTILI, PhD student,
Moldova State University
PovertY as an infringeMent of huMan 
rights
Articolul de faţă prezintă problema sărăciei din perspectiva drepturilor 
omului şi aduce argumente că sărăcia este mai acută în statele în 
care nu se respectă drepturile omului, precum este şi cazul Republicii 
Moldova. Autorul ajunge la concluzia că lupta cu sărăcia poate avea 
succes numai în condiţiile respectării drepturilor omului şi invită 
societatea civilă, guverne şi organizaţiile internaţionale să acorde mai 
multă atenţie acestui fenomen.
Key Words: poverty, human rights, Moldova, legislation, government
JEL Classification: A13, I32, K1023
Revista economică
enabling individuals and families 
to assume basic responsibilities 
and to enjoy fundamental rights. 
The situation may become wide-
spread and result in more serious 
and permanent consequences. 
The lack of basic security leads 
to chronic poverty when it si-
multaneously affects several as-
pects of people’s lives, when it is 
prolonged and when it severely 
compromises people’s chances 
of regaining their rights and of 
reassuming their responsibilities 
in the foreseeable future.”
The United Nations Com-
mittee on Economic, Social and 
Cultural Rights also came up with 
a rights-sensitive definition of 
poverty, defining it as “a human 
condition characterized by the 
sustained or chronic deprivation of 
the resources, capabilities, choic-
es, security and power necessary 
for the enjoyment of an adequate 
standard of living and other civil, 
cultural, economic, political and 
social rights.”1  The link between 
poverty and violation of human 
rights was also recognized at the 
World Conference on Human 
Rights that took place in Vienna 
in June, 1993 by specifying that 
“existence of widespread extreme 
poverty inhibits the full and effec-
tive enjoyment of human rights”. 
According to Mary Robinson, UN 
Human Rights Chief, “extreme 
poverty is one of the worst kinds 
of violations of human rights, 
which involves the majority of 
the population of the world, ... and 
which is the greatest denial of the 
exercise of human rights.”. The 
Human Development Report 2000 
also points out poverty as viola-
tion of human rights, calling for 
stronger actions to combat poverty 
not just as a development goal, but 
also as an important challenge for 
human rights defense. Eradicating 
extreme poverty is the greatest hu-
man rights challenge  that is faced 
by modern society.
The  first  comprehensive 
analysis of poverty from the 
human rights standpoint can be 
considered a final report on hu-
man rights and extreme poverty, 
prepared by Leandro Despouy, 
Special Rapporteur, appointed by 
the Sub-Commission on the Pro-
motion and Protection of Human 
Rights, prior to 1999 known as the 
Sub commission on Prevention of 
Discrimination and Protection of 
Minorities, published in 1996. Fi-
nal Report on Human Rights and 
Extreme Poverty, “Realization of 
Economic, Social and Cultural 
Rights,” calls for respecting hu-
man rights for all as a universal 
objective and at the same time, 
views respect of human rights as 
a means of eradicating extreme 
poverty. 
Poverty affects all groups of 
human rights proclaimed by the 
international human rights instru-
ments, namely: civic, political, cul-24
Revista economică
tural, economic and social. Lack 
of adequate health care, education, 
shelter, etc. prevent those affected 
by poverty to have access to civil 
and political rights, which in turn 
prevent from claiming their eco-
nomic, social and cultural rights. 
Although Universal Declaration 
of Human Rights, International 
Covenant on Economic, Social 
and Cultural Rights, the Declara-
tion on the Right to Development 
and many other international legal 
documents make reference to the 
human right of freedom of pov-
erty, they do not have an explicitly 
formulated phrasing that would 
state this. The term “poverty” is 
not used in any of the major texts 
of human rights treaties - neither 
in the Universal Declaration, nor 
in the Declaration on the Right 
to Development or other interna-
tional conventions2 .  
Governments of the majority 
of countries have ratified at least 
one of the major human rights 
conventions and thus made com-
mitments to ensure human right 
to freedom from poverty at Earth 
Summit in Rio, World Summit for 
Social Development in Copenha-
gen, the Habitat Conference II in 
Istanbul, and other. In addition to 
this, national legislation of many 
countries has provisions for hu-
man rights protection. Neverthe-
less, governments of the same 
countries infringe these commit-
ments. 
2.2. Case of Moldova
According to the Constitu-
tion of Moldova, “the State is 
obliged to take action aimed at 
ensuring that every person has a 
decent standard of living, whereby 
good health and welfare based on 
available food, clothing, shelter, 
medical care, and social services 
are secured for that person and his/
her family”3 . But reality is differ-
ent. Data from the 2007 Public 
Opinion Survey presented by the 
Institute of Public Policies reveals 
that 39,8% of respondents have in-
comes that are not enough even for 
meeting basic needs, while 24% 
claimed that their income is just 
enough for satisfying basic needs, 
thus their human rights being 
infringed. Citizens of Moldova, 
which continues to be the poorest 
country in Europe, lodged to the 
European Court of Human Rights 
more than 2790 petitions in the 
period 1998-2006, with 45 deci-
sions being pronounced against 
Moldova. According to the ratio 
of petitions on 1000 citizens, 
Moldova occupies the first place 
in the top of petitions submitted 
to the European Court of Human 
Rights consecutively for two 
years – 2005 and 2006. The latest 
four decisions against Moldova 
were pronounced in January 2008. 
And all these petitions reveal just 
a minor percent of human rights 
violations registered in Moldova. 
As a consequence of the decisions 25
Revista economică
against Moldova, it had to pay 
from the state budget to those who 
won the cases almost 2 mln euro, 
money that could be spent for im-
proving situation of the vulnerable 
citizens in Moldova.
2.3. What can be done?
Recognizing that there is 
a strong relationship between 
poverty and human rights, it is 
necessary to undertake concrete 
measures to fight both of them to 
assure sustainable human devel-
opment. It would be worth inter-
nalizing the notion of poverty as 
a violation of human rights in the 
important legal instruments, thus 
having governments (and in cer-
tain cases private companies) ac-
countable for procreating poverty, 
which is in the majority of cases 
a structural violation of human 
rights. International and national 
legislation should allow possibil-
ity to the victims of poverty to 
claim responsibility of the bodies 
responsible for their situation and 
to have their rights defended, since 
the state has to respect, protect 
and fulfill the human rights of its 
citizens. 
Since respect for the hu-
man rights can not take place 
overnight, there is a need in 
national action plans for gradual 
eradication of human rights vio-
lations, especially, in the case 
of vulnerable groups of citizens. 
National poverty reduction strat-
egies should encompass specific 
measures oriented for the ultimate 
goal of fulfillment of human rights 
by all categories of citizens. Of-
fice for High Commissioner for 
Human Rights developed in 2006 
“Principles and Guidelines for a 
human rights approach to poverty 
reduction strategies”. These prin-
ciples and guidelines should be 
widely spread to reach attention 
of governments, donors and civil 
society organizations involved 
in design and implementation of 
the poverty reduction strategies, 
to enhance their effectiveness in 
view of human rights respect.
3. CONCLUSIONS
Poverty is indisputably the 
most potent violation of all human 
rights, and constitutes a threat to 
the survival of the great numbers 
of human population. As poverty 
has intensified in both rich and 
poor nations alike, the view of 
poverty as a human rights and 
social justice issue should gain 
increased attention and action. 
Poverty should be considered not 
only based on the fact that the 
poor have needs, but on the fact 
that they have indivisible rights 
inherent to all human beings.
Fight with poverty should 
not be seen as a charitable or 
philanthropic venture, according 
to Monique Ilboudo, Burkina 
Faso Ministry of Human Rights. 
Human rights based approach to 26
Revista economică
poverty reduction is in fact an 
integral part of the human rights 
approach to development. Victims 
of poverty are people whose hu-
man rights are guaranteed, but not 
respected. Poverty that represents 
a denial of human rights should 
be abolished, as were completely 
abolished slavery and apartheid. 
According to Eleanor Roosevelt 
“at all times, day by day, we have 
to continue fighting for freedom of 
religion, freedom of speech, and 
freedom from want - for these are 
things that must be gained in peace 
as well as in war”. International 
organizations, national govern-
ments and NGOs have a shared 
responsibility for achieving sus-
tainable human development for 
its citizens, for building society 
void of poverty and exclusion, 
which are not acceptable in the 
21st century.
Bibliography
1.BBC (2007), Are justiţia 
respectul cuvenit faţă de drepturile 
omului? 
2.http://www.bbc.
co.uk/romanian/news/
story/2007/02/070209_moldo-
va_cedo.shtml
3.BBC  (2002),  Talking 
Point 
4.http://news.bbc.co.uk/1/
hi/talking_point/forum/1673034.
stm
Constitution of the Republic 
of Moldova, adopted on July 
29, 1994, Monitorul Oficial al 
R.Moldova, No. 1 of 18.08.1994
References:
 1 BBC (2002), Talking Point 
http://news.bbc.co.uk/1/hi/talking_point/
forum/1673034.stm
 2 BBC (2007), Are justiţia respectul cu-
venit faţă de drepturile omului? 
http://www.bbc.co.uk/romanian/news/
story/2007/02/070209_moldova_cedo.
shtml
 3 Constitution of the Republic of Moldova, 
adopted on July 29, 1994, Monitorul Ofi-
cial al R.Moldova, No. 1 of 18.08.1994

Are justiţia respectul cuvenit faţă de drepturile omului? http://www.bbc.co.uk/romanian/news/ story/2007/02/070209_moldova_cedo. shtml

Constitution of the Republic of Moldova, adopted on

Talking Point

Poverty as infringement of human rights

http://economice.ulbsibiu.ro/RePEc/blg/reveco/394motili.pdf

Poverty as infringement of human rights

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