38
The right to education is set out in ICESCR (articles 13 and 14) and the CRC (articles 28 and 29), as well
as CERD (articles 5(e) and 7), CEDAW (article 10), CRPD (article 24), UNDRIP (article 14), and the UNESCO
Convention against Discrimination in Education. The normative content of the right to education, and the
elements that comprise this right, have been elaborated by the CESCR in General Comment No. 13 on the
right to education, and through the work of the UN Special Rapporteur on the right to education.
39
The right to food is part of the right to an adequate standard of living, enshrined in article 25 of the UDHR
and protected under article 11 of the ICESCR. CESCR’s General Comment No. 12 on the right to adequate
food further elaborates on this right, as do the various reports of the UN Special Rapporteur on the right to
food.
40
CESCR, General Comment No. 12.
41
CESCR, General Comment No. 12, para. 5.
42
Report of the Special Rapporteur on extreme poverty and human rights, Philip Alston, presented to the 72nd
session of the General Assembly, 4 October 2017 (UN doc. A/72/502)
43
OHCHR, Human Rights and Poverty Reduction A Conceptual Framework, 2004, available at https://www.
ohchr.org/Documents/Publications/PovertyReductionen.pdf
44
These human rights principles form the basis of a standard human rights approach to any human rights
issue. For other examples of how other national human rights institutions apply these principles to the
issue of poverty, see European Network of National Human Rights Institutions, Applying a Human RightsBased Approach to Poverty Reduction and Measurement: A Guide for National Human Rights Institutions,
October 2019, available at http://ennhri.org/wp-content/uploads/2019/11/Applying-a-Human-Rights-BasedApproach-to-Poverty-Reduction-and-Measurement-A-Guide-for-NHRIs.pdf
45
CESCR, Statement on poverty adopted on 4 May 2001 (UN doc. E/C.12/2001/10), para. 9.
46
CESCR, Statement on the coronavirus disease (COVID-19) pandemic and economic, social and cultural rights,
6 April 2020 (UN doc. E/C.12/2020/1).
47
The NZWRI Research showed just 1 percent of in-work households experience poverty in all twelve months
of the year (>6 months: 6 percent), while 14 percent of the in-work households experience poverty between
one and six months. While in March 2013 7.0 percent of in-work households were identified as poor, 20
percent had to deal with poverty for at least for one month in the preceding year. This indicates that for a
significant share of households, income is not persistently high enough to keep them above the poverty
threshold throughout the year. This can be compared to non-work households, where one-third of are poor
in all twelve months of the year and 59 percent experience poverty in more than six months of the year.
Thus, the duration of poverty for non-working households is very high.
48
Guiding Principles on extreme poverty and human rights, para. 50.
49
CESCR Concluding Observations on the Fourth Periodic Report of New Zealand, May 2018 (UN Doc. No.
E/C.12/NZL/CO/41), para. 31.
50
Ibid.
51
Ibid.
52
Ibid.
53
Ibid, para. 26.
54
Note that households with at least one Māori adult have the lowest prevalence of being in-work (i.e. having
at least one member employed for at least seven months during a 12-month period) at 76.4 percent,
compared with New Zealand European (85.6 percent), Pacific people (82.4 percent), Middle East, Latin
American and African (80.7 percent), and Asian (86.7%).
He Urupare Tika Tangata mō te Pōharatanga ō ngā Whānau Whaimahi
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