free law journal - volume 3, number 1 (18 january 2007)

FREE LAW JOURNAL - VOLUME 3, NUMBER 1 (18 JANUARY 2007)can generate absence of civil 21 and political rights. 227. Absence of the right to protection of and assistance to thefamily 23 can generate absence of civil and political rights. Absencefamily, including adequate food, clothing and housing, and tothe continuous improvement of living conditions....21International Action in the Field of Social Defense, 1966-1967, UN Doc.E/CN.5/C2/Rs (1966) (“It seems logical to associate poverty to criminality or toattribute the increasing criminality to poverty. This approach has been stressed bythe Economic and Social Council and the Secretariat of the United Nations, whosegeneral view has been that crime problems lie deep in the processes of economicand social development and must be resolved within them.”). See also L.A.Ferman, J.L. Kornbluh & A. Haber, eds., Poverty in America; A Book of Readings(Ann Arbor: University of Michigan Press (1965) at 5 (“Failure to provide adequategoods, services, and housing for everyone permits crime and other forms of deviantbehavior to develop, and economic fluctuations and the maldistribution of wealthcontribute to these deviations.”)22See M.B. Clinard & D.J. Abbott, Crime in Developing Countries; A ComparativePerspective (John Wiley & Sons, Inc., 1973) at 173 (“[P]overty in any country,developed or developing, seriously affects health, life expectancy, infant mortalityrates, housing, quality of family life, community as well as individual living, andeducational opportunity. Above all, individual and collective poverty limits socialparticipation, particularly in political, social, and economic spheres.”)23Article 10 of ICCPR reads as follows:The States Parties to the present Covenant recognize that:1. The widest possible protection and assistance shouldbe accorded to the family, which is the natural andfundamental group unit of society, particularly for itsestablishment and while it is responsible for the careand education of dependent children...2. Special protection should be accorded to mothersduring a reasonable period before and after childbirth.During such period working mothers should beaccorded paid leave or leave with adequate socialsecurity benefits.3. Special measures of protection and assistance shouldbe taken on behalf of all children and young persons101DR. ANWAR FRANGI - ABSENCE OF ECONOMIC, SOCIAL, ANDCULTURAL RIGHTS AS A JUSTIFICATION FOR PUBLICEMERGENCY