Introduction
The inequality between the rich and the poor people in the world is huge, this is even more so in the United States of America. As such, homelessness is a serious issue, and why it is not much talked about on the mainstream level is appalling! A widespread, common issue like this needs to be addressed by world leaders and together work to improve the lives of its citizens. Why is this necessary and important? Economically speaking, a country thrives on its quality of people and as such quantity does not matter. Yes, you might think that more population can also mean scarcity of resources or an increase in unemployment. However, when we say the quality of people – we mean people who are educated, grow in a healthy environment, and will also do more for a country than people who often fall sick, where children will be forced to work as well to provide food on the table. Whilst they should be eating healthy, physical and mental exercises and education are a few things that they need to be focusing on instead. Nonetheless, how has society come to deal with this issue? Are there any special laws regarding homeless people? If you have seen Netflix Specials like “The Maid” and “Shameless”, you can understand that homelessness is a bigger problem and might not seem like much on the ground level. The difficulty of securing a job, and health benefits for you and your kids – which is very important because even basic medical needs costs are skyrocketing! Homelessness is another form of poverty, a parent cannot afford a basic lifestyle for a child, like a safe environment, is not just good but provides healthy food, an environment that nourishes them. Naturally, homelessness is something that can be passed on as much as a bad addiction or what we call a generational trauma. The struggles to navigate through life while finding a job the entire day so you can put food on your table.
Factual Data on Homelessness: “This data comes courtesy of an investigative report first published by the National Homeless Law Center in 2019 and updated again in 2021. The report, entitled “Housing Not Handcuffs,” showed that 47 states had laws criminalizing homeless people engaging in life-sustaining activities. At that time, Missouri was the third and final state that did not criminalize homelessness. However, in mid-summer of 2022, Gov. Mike Parson signed a new bill banning sleeping on state-owned spaces all across Missouri, effectively making pitching a tent on a public bridge or underpass a Class C Misdemeanor. That bill goes into effect on January 1, 2023, setting the tone for a new year of unjust incarceration. In addition to 47 of the 50 states in the United States harboring anti-homeless legislation, these laws also exist in the District of Columbia.”[2]
In addition to this, there can be various reasons for homelessness, domestic violence, abuse, and violence at home can often push children and women out of their homes. It is a vicious cycle. Homeless people are often taken advantage of, exploited, not even paid minimum wages and unfairly mentally abused. Who fights for the rights of people like them? There are pro bono lawyers that one can always contact since it is possible that affording legal aid from private practices can financially burden them even more. There are also various organisations that not only afford places to live but also support and assist them in other aspects as well. In this article, we will look at some legal scenarios regarding homelessness in different countries as well as the United States. In addition to all the problematic issues mentioned above, that come with trough being homeless, some certain countries and states have anti-homelessness laws. For example, certain countries prosecuted or arrested beggars as begging was legally a crime in these countries.
Anti-Homelessness Legislation: “There are two branches of law when it comes to homelessness in America: laws designed to help the homeless get aid, shelter, and food to improve their quality of life, and laws designed to criminalize homelessness and begging in order to force the homeless into shelter. In Jones v. City of Los Angeles, a United States Court of Appeals held that the Eighth Amendment to the US Constitution prohibits cities from punishing involuntary sitting, lying, or sleeping in public spaces when it is an unavoidable consequence of homelessness. Unfortunately, the case was later settled out of court and the decision was vacated, meaning its precedential value on American law may be rather limited. Another approach to criminalizing homelessness has been to attack those who seek to help the homeless. Aid workers dispensing food to homeless people have been subject to fine or arrest in some cities. Other cities have outlawed giving money to panhandlers. Violators can be ticketed. This, too, has led to challenges in court with mixed results.”[3]
The Homeless Bill of Rights (also Homeless Person’s Bill of Rights and Acts of Living bill) refers to legislation protecting the civil and human rights of homeless people.[4] These laws affirm that homeless people have equal rights to medical care, free speech, free movement, voting, opportunities for employment, and privacy.[5] Legislation of this type is currently being debated at the state level in the United States.[6] Over 120 organizations in five different states have shown public support for a Homeless Bill of Rights and are working towards its implementation.[7] A Homeless Bill of Rights has become law in Rhode Island, Connecticut and Illinois and is under consideration by several other U.S. states, including California, Delaware, Minnesota, Missouri, Oregon, Tennessee, and Vermont.[8] Many cities around the United States attempt to shift the problem of housing insecurity outside their jurisdiction by criminalizing homelessness.[9] The criminalization of homelessness creates a vicious cycle of citations, fines, imprisonment, and reduced employability that further increases the difficulty of securing stable housing.[10] States that implement a Homeless Bill of Rights protect individuals’ rights to exist in public spaces, thus requiring that cities attempt to directly address the issue of housing insecurity.[11] Moreover, while a Homeless Bill of Rights may not directly create significant change in the lives of unhoused individuals, it can facilitate a shift in the American perspective of homelessness and open up avenues for further discourse, programs, and legislation.[12]
“The homelessness crisis is the affordable housing crisis. Untenable rent burdens have priced people out of their homes. Investments in affordable housing remain inadequate. For Priscilla Coughran’s family, as reported by NBC, a rent increase of $150 meant her family could no longer make ends meet. They were evicted and ended up living in their car. Domestic violence is also a leading cause of homelessness, particularly for women. And because of the multitude of barriers, they face securing housing and employment, formerly incarcerated people are almost 10 times more likely to experience homelessness than the general population.”[13]
Conclusion:
As mentioned in the first part of this article, the lack of legal recognition of the homelessness issue is a global human rights violation. The basic definition of human rights is that rights are inherent to us because of the very nature of being human. This includes affordable living, living without being discriminated against based on gender, sex, religion caste colour or creed. However, as stated earlier, the issue of homelessness is not brought up at the mainstream level and, as such, is rarely addressed as a human rights violation. It is important that measures are taken at both the state and at the federal level to prevent and eradicate homelessness. Homelessness also indicates that a country or state failed to protect its citizens. Homelessness affects people in ways that we cannot comprehend. Physically, and mentally – an individual would not realize that they deserve the basic standards of health and care. Homelessness has caused so many deaths over the years. More emergency shelters must be provided and built, especially shelters that can provide a safe, warm place to teenagers, women and minors people who are abused, and the elderly. If the executive, judiciary, legislative and civil servants work towards understanding why homelessness happens in the first place, to try and solve this problem at its root level.
[1] The National Law Center on Homelessness and Poverty, "Criminalizing Crisis: The Criminalization of Homelessness in U.S. Cities Archived 2013-05-04 at the Wayback Machine", November 2011. [2] Where in the United States is it illegal to be homeless?, By Cynthia Griffith, Dec 16th 2022, retrieved from: Where In The United States Is It Illegal To Be Homeless? - Invisible People [3] Are There Any Special Laws Regarding Homeless People - HG.org [4] Homeless Bill of Rights - Wikipedia [5] K, Rankin, Sara (2015). "A Homeless Bill of Rights (Revolution)". Seton Hall Law Review. 45 (2). [6] Ibid 4. [7] Boden, Paul, Mossman, Terry (2015). "The Right to Rest: Homeless Coalition Challenges Criminalization of Life on the Street". Race, Poverty & the Environment. 20 (1): 94–97. JSTOR 43875798. [8] Sheffield, Jonathan (Fall 2013). "A Homeless Bill of Rights: Step by Step from State to State". Public Interest Law Reporter. 19 – via HeinOnline. [9] Mitchell, Don, Heynen, Nik (16 May 2013). "The Geography of Survival and the Right to the City: Speculations on Surveillance, Legal Innovation, and the Criminalization of Intervention". Urban Geography. 30 (6): 611–632. doi:10.2747/0272-3638.30.6.611. S2CID 144592825. [10] Boden, Paul, Mossman, Terry (2015). "The Right to Rest: Homeless Coalition Challenges Criminalization of Life on the Street". Race, Poverty & the Environment. 20 (1): 94–97. JSTOR 43875798. [11] Ibid 4. [12] Ibid. [13] How the U.S. Criminalizes Homelessness, By Nazish Dholakia, retrieved from: How The U.S. Criminalizes Homelessness (forbes.com)