digplanet beta 1: Athena
Share digplanet:

Agriculture

Applied sciences

Arts

Belief

Business

Chronology

Culture

Education

Environment

Geography

Health

History

Humanities

Language

Law

Life

Mathematics

Nature

People

Politics

Science

Society

Technology

Man sleeps on the street, something anti-homelessness legislation seeks to regulate.

Anti-homelessness legislation can take two forms; legislation that aims to help and re-house homeless people, and legislation that is intended to send the homeless to homeless shelters compulsively, or criminalize homelessness and begging.

International law[edit]

Since the publication of the Universal Declaration of Human Rights (Charter of the United Nations — UN) in 1948, the public perception has been increasingly changing to a focus on the human right to housing, travel and migration as a part of individual self-determination rather than the human condition. The Declaration, an international law reinforcement of the Nuremberg Trial Judgements, upholds the rights of one nation to intervene in the affairs of another if said nation is abusing its citizens, and rose out of a 1939–1945 World War II Atlantic environment of extreme split between "haves" and "have nots." Article 6 of the 1998 Declaration of Human Duties and Responsibilities declares that members of the global community have individual and collective duties and responsibilities to take appropriate action to prevent the commission gross or systematic human rights abuses.[1] The modern study of homeless phenomena is most frequently seen in this historical context.

Laws supporting the homeless[edit]

Laws supporting homeless people generally place obligations on the state to support or house homeless people.

Scotland[edit]

The Scottish parliament passed the Homelessness Etc (Scotland) Act 2003 which has an aim of ensuring that by 2012 everyone assessed as being unintentionally homeless will be entitled to permanent accommodation. In addition, the Homeless Persons (Unsuitable Accommodation) (Scotland) Order came into force in December 2004 and requires councils to ensure that pregnant women and households with children are not placed in unsuitable temporary accommodation, unless there are exceptional circumstances.[2]

United States[edit]

The charter of the McKinney-Vento Homeless Assistance Act of 1986 (Stewart B. McKinney Homeless Assistance Act) is to "coordinate the Federal response to homelessness and to create partnerships between the Federal agencies addressing homelessness and every level of government and every element of the private sector".[3]

Laws criminalizing behaviors engaged in by the homeless[edit]

Use of the law that criminalizes the homeless generally takes on one of five forms:[4]

  • Restricting the public areas in which sitting or sleeping are allowed.
  • Removing the homeless from particular areas.
  • Prohibiting begging.
  • Selective enforcement of laws.
  • Selective creation of laws.[5] (The French novelist Anatole France noted this phenomenon as long ago as 1894, famously observing that "the law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges".)[6]

England and Wales[edit]

The Vagrancy Act 1824 makes it an offence to sleep on the streets or to beg. In essence, therefore, it is a crime in England and Wales to be homeless or to beg for subsistence money. When the Act was passed, criticism of it centred on the fact that it created a catch-all offence. To sleep on the streets or to beg became a crime, whatever reason an individual might have had for being in such a predicament. That provision still pertains today in England and Wales. So far as it extended to Scotland, it was repealed by the Civic Government (Scotland) Act 1982.

United States[edit]

The National Coalition for the Homeless reports that there is a growing trend in the United States towards criminalizing the state of being homeless.[7] Proponents of this approach believe that punitive measures will deter people from choosing to be homeless. To this end, cities across the country increasingly outlaw activities such as sleeping, eating, sitting, and begging in public spaces, and selectively enforce more neutral laws—such as those prohibiting open containers or loitering—against homeless populations.[7] Violators of such laws typically incur criminal penalties, which result in fines and/or incarceration.

In Jones v. City of Los Angeles,[8] the United States Court of Appeals for the Ninth Circuit held that the Eighth Amendment prohibits the City from punishing involuntary sitting, lying, or sleeping on public sidewalks that is an unavoidable consequence of being human and homeless without shelter in the City of Los Angeles. It is important to note, however, that on October 15, 2007, the Court vacated its Opinion after the parties settled the case and sought withdrawal of the Opinion.[9]

Critics of homeless criminalization claim that such measures do nothing to actually solve homelessness and in fact make matters worse. Homeless people find it harder to secure employment, housing, or federal benefits with a criminal record, and therefore penalizing the act of being homeless makes exiting such a situation much more difficult.[4] In fact, a recent federal appeals court ruled an anti-homeless policy in Los Angeles as unconstitutional.[10] Similarly, in response to growing reports of hate crimes, some state governments have proposed the addition of "people experiencing homelessness" to their hate-crimes statutes.[citation needed]

See also[edit]

References[edit]

  1. ^ "DECLARATION OF RESPONSIBILITIES AND HUMAN DUTIES". Globalization 2 (2). November 1998. 
  2. ^ Homelessness statistics in Scotland:2006-07 > Part 1 The Scottish Government Publications, accessed March 30th 2008
  3. ^ White House statement on the ICH
  4. ^ a b Amster, Randall (2008). Lost in Space: The Criminalization, Globalization, and Urban Ecology of Homelessness. New York: LFB Scholarly. ISBN 1-59332-297-6. 
  5. ^ Cunningham, Kelly (1999). Out of Sight—Out of Mind?. DIANE Publishing. p. 90. ISBN 0-7881-8276-5. 
  6. ^ France, Anatole (1894). "VII". Le lys rouge (in French). Ils y doivent travailler devant la majestueuse égalité des lois, qui interdit au riche comme au pauvre de coucher sous les ponts 
  7. ^ a b National Coalition for the Homeless: A Dream Denied.
  8. ^ Jones v. City of Los Angeles, 444 F.3d 1118, 1138 (9th Cir. 2006)
  9. ^ Jones v. City of Los Angeles, 505 F.3d 1006 (9th Cir. 2007)
  10. ^ L.A. Times: Justices Hand L.A.'s Homeless a Victory.

External links[edit]


Original courtesy of Wikipedia: http://en.wikipedia.org/wiki/Anti-homelessness_legislation — Please support Wikipedia.
This page uses Creative Commons Licensed content from Wikipedia. A portion of the proceeds from advertising on Digplanet goes to supporting Wikipedia.
11989 videos foundNext > 

Illegal to feed the Homeless? Arnold Abbott faces court charges

Seriously? This is absurd. You can't feed the homeless? 33 cities in the USA wont allow you to feed the homeless people. Click MORE to read on... This is tru...

Anti Homeless Spikes Installed Outside London Apartment Building Spark Massive Outrage

Read More: http://www.GistOnThis.com Photos of metal spikes installed outside a posh apartment building in on Southwark Bridge Road, London, designed to keep...

Anti Homeless Floor Studs are now 'standard building practice' - how cruel is Great Britain?

Taken from BBC Radio 4 - Tom Bateman reports on the rise of anti-homeless sleeping design and conducts an interview on a homeless person in London with regar...

LONDON Mayor Johnson Calls for 'Ugly, Stupid Anti homeless' Spikes to be REMOVED

Datuk Bandar LONDON Johnson memanggilnya untuk 'hodoh, anti-bodoh orang2 kehilangan tempat tinggal' yang pancang untuk dikeluarkan Datuk Bandar London Boris ...

LondonLive: Anti-homeless spikes

Jack Hart, The Freedom Association's Communications Manager was invited onto LondonLive's Headline London to discuss the introduction of anti-homeless spikes...

Attack on Canadian Parliament Fuels "Anti-Terror" Laws, Ignoring Ties to Mental Illness, Drug Abuse

http://democracynow.org - As Canada mourns the death of a soldier gunned down while standing guard at the National War Monument in Ottawa, Prime Minister Ste...

Inside Out - Criminalizing homelessness in America

The United States' problem with homelessness is one of the worst among developed nations. Recently, many US cities officially instituted laws that ban the pr...

DHS Accosts @Project_Veritas after exposing CA Assemblyman 'Homeless Bill of Rights' Hypocrisy

http://amzn.to/10SdbHd Pre-Order BREAKTHROUGH today @Project_Veritas Our investigators visited the homes and offices of legislative sponsors of the Californi...

Anti-homeless spikes in London-بی خانمان ها در لندن

Anti-homeless spikes in London-بی خانمان ها در لندن گزارش اسماعیل فلاح از لندن.

Anti-Homeless Initiatives at Pershing Square - Downstreet$

Pershing Life.

11989 videos foundNext > 

3 news items

 
Huffington Post
Wed, 16 Jul 2014 15:31:45 -0700

It is particularly miserable to be a homeless person in the U.S. right now. Anti-homeless laws -- ranging from bans on sleeping in cars to restrictions on lying down in public -- are on the rise, according to a new study released by the National Law ...
 
Huffington Post
Thu, 19 Jun 2014 12:57:02 -0700

The organization found a direct correlation between the number of attacks against homeless people and the proliferation of anti-homelessness legislation. Four of the 10 "meanest" cities were located in Florida and California, which are both notorious ...
 
Huffington Post
Mon, 08 Oct 2012 01:57:15 -0700

COSTA MESA, Calif. -- Army veteran Don Matyja was getting by alright on the streets of this city tucked in Southern California suburbia until he got ticketed for smoking in the park. Matyja, who has been homeless since he was evicted nearly two years ...
Loading

Oops, we seem to be having trouble contacting Twitter

Support Wikipedia

A portion of the proceeds from advertising on Digplanet goes to supporting Wikipedia. Please add your support for Wikipedia!

Searchlight Group

Digplanet also receives support from Searchlight Group. Visit Searchlight