Poverty And Law: Overlapping Aspects And Applications

There are several aspects of law that apply to poverty, and these can be broadly categorised into three groups: economic, human rights, and access to justice.

Economic

The English Poor Laws, which were a system of poor relief in England and Wales, are an example of economic law that applied to poverty. These laws, which can be traced back to the 14th century, aimed to deal with the problems caused by vagrants and beggars. Over time, the laws evolved to include the impotent poor and eventually led to the establishment of workhouses.

Today, economic laws that apply to poverty include those related to welfare, government benefits, and taxation. For example, the US has a federal judicial oath that requires judges to do equal right to the poor and to the rich. This oath recognises the economic disparities between rich and poor and aims to ensure that legal decisions are made without bias or favouritism.

Human Rights

Human rights law also plays a significant role in addressing poverty. The United Nations' 2030 Agenda for Sustainable Development includes a goal to end poverty in all its forms everywhere by 2030. This agenda recognises that poverty is more than just a lack of income, but also entails a lack of access to education, healthcare, social protection, and other basic needs.

International human rights instruments, such as the Universal Declaration of Human Rights and the International Covenant on Economic, Social and Cultural Rights, provide a framework for addressing poverty by guaranteeing certain rights and freedoms. These include the right to adequate living standards, the right to work, and the right to social security.

Access to Justice

Access to justice is another critical aspect of law that applies to poverty. This includes ensuring that people living in poverty have access to legal information, legal aid, and fair treatment before the law. It also involves removing barriers that prevent people from seeking justice, such as high court filing fees.

Legal problems and poverty

Low-income households are more likely to experience legal problems. This is due to the complex and multifaceted nature of poverty, which cannot be addressed solely through economic interventions. Legal problems faced by the poor are often symptoms of poor policy, inadequate legal and institutional frameworks, and weak delivery of services.

Extent of Legal Problems

Poor people are more likely to experience legal problems, especially certain types. In Colombia, poor people were 50% more likely than the non-poor to report at least one legal problem. In Jordan, poor people were nearly four times more likely to report a legal problem. In both countries, poor men and women were more likely than their non-poor counterparts to report problems.

Types of Legal Problems

The types of legal problems encountered by the poor vary. In Colombia, being poor increased the likelihood of reporting problems related to housing, health, family relations, economic issues, crime, and employment. In Jordan, the poor were more likely to report civil and criminal problems, but dramatically more likely to report problems related to family law.

Impact of Legal Problems

Legal problems have adverse impacts on low-income households, affecting their allocation of time, loss of income or jobs, and health. Breakdowns of family relationships are also common, producing their own negative effects. The financial and physical costs of legal problems can be relatively higher for the poor.

Access to Justice

Access to justice is a fundamental principle of the rule of law. However, access to justice is often obstructed by overlapping layers of vulnerability, including poverty, limited financial resources, race, sexual orientation, gender, and lack of institutional trust.

Strategies to Address Legal Problems Faced by the Poor

To address the legal problems faced by the poor, it is essential to adopt a holistic approach that goes beyond economic interventions. This includes promoting access to justice, strengthening legal and institutional frameworks, improving the delivery of public services, and addressing the root causes of poverty.

Legal problems are an unnecessary burden on low-income households, preventing them from enjoying the full benefits of social and economic development. Addressing these legal problems requires a comprehensive approach that prioritises law and justice, promotes accountability, and protects the rights of the poor.

The human rights approach to poverty

Poverty is a multifaceted phenomenon that encompasses economic, social, cultural, and political dimensions. It is a violation of human dignity and erodes economic and social rights, such as the right to health, adequate housing, food, education, fair trial, political participation, and security.

Understanding Poverty through a Human Rights Lens

Addressing the Root Causes of Poverty

Ensuring Participation and Empowerment

The human rights approach emphasises the importance of participation and empowerment of people living in poverty. It recognises that poverty is not just a matter of charity but a question of justice and the realisation of human rights. This approach promotes the active involvement of people affected by poverty in decision-making processes and the development of solutions.

Promoting Social and Economic Justice

Monitoring, Accountability, and Legal Remedies

The access to justice approach to poverty

Access to justice is a fundamental human right and is essential for the protection and promotion of all other civil, cultural, economic, political and social rights. People living in poverty face numerous barriers to access to justice, denying them the chance to challenge crimes, abuses or human rights violations committed against them. This situation exacerbates their poverty and social exclusion, in a vicious circle of impunity, powerlessness and injustice. Empowering people living in poverty to claim their rights is therefore fundamental to fighting poverty and tackling growing global and national inequalities.

Furthermore, the access to justice approach to poverty highlights the importance of a holistic and comprehensive strategy that addresses the multifaceted dimensions of poverty, including financial, geographical, physical, institutional, and procedural barriers. This strategy may involve interventions at the legal, judicial, and policy levels, as well as collaboration between government, civil society, and grassroots organizations.

Overall, the access to justice approach to poverty seeks to address the unique challenges faced by people living in poverty in accessing justice and to promote their rights and well-being. This approach recognizes that access to justice is a fundamental human right and an essential tool for fighting poverty and tackling inequalities.

The social welfare approach to poverty

One of the critical aspects of the social welfare approach is the recognition that poverty is not just a lack of financial resources, but also a lack of access to basic needs such as food, housing, healthcare, and education. Therefore, social welfare programs aim to provide resources and support to ensure that individuals and families can meet these basic needs. For example, the Supplemental Nutrition Assistance Program (SNAP) provides food stamps to help families purchase nutritious food, while Medicaid ensures that they have access to essential healthcare services.

Additionally, the social welfare approach to poverty also focuses on addressing the root causes of poverty and promoting long-term solutions. This includes providing education and job training opportunities to help individuals gain the skills and qualifications needed to secure stable employment. It also involves investing in community development initiatives, such as creating affordable housing, improving access to public transportation, and providing support services for mental health, substance abuse, and other issues that may contribute to or result from living in poverty.

Furthermore, the social welfare approach recognises the importance of protecting the rights and dignity of individuals living in poverty. This includes ensuring equal access to justice and preventing discrimination against those who are disadvantaged. It also entails providing legal assistance and advocacy to help individuals navigate the complex legal system and protect their rights, especially when facing issues such as eviction, unemployment, or accessing social services.

The socio-economic conditions approach to poverty

One key aspect of the socio-economic conditions approach is the recognition that poverty is often intergenerational, with children born into poverty facing greater risks of poor health, educational attainment, and employment prospects. Addressing these issues requires interventions that target both the immediate needs of families and the broader social and economic conditions that contribute to poverty.

The socio-economic conditions approach also highlights the role of housing and homelessness in perpetuating poverty. Stable and affordable housing is essential for families to build financial security and access opportunities for social and economic advancement. However, poverty often leads to housing instability and homelessness, further exacerbating the challenges faced by individuals and families.

In addition, the socio-economic conditions approach recognises the impact of poverty on health outcomes. Poor health can be both a cause and a consequence of poverty, creating a cycle that is difficult to break. Limited access to healthcare, inadequate nutrition, and exposure to environmental risks contribute to higher rates of chronic diseases, mental illness, and premature mortality among people living in poverty.

To address these issues, the socio-economic conditions approach advocates for policies that improve economic mobility, such as tax credits, social assistance programs, and investments in education and training. It also emphasises the need to address the root causes of poverty by tackling structural inequalities and promoting social inclusion.

Overall, the socio-economic conditions approach to poverty recognises the complex interplay of economic, social, and structural factors that contribute to and perpetuate poverty. By addressing these factors, this approach seeks to improve the social and economic conditions that underpin poverty and create more equitable and inclusive societies.

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