Anti-homelessness legislation


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

Since the publication of the Universal Declaration of Human Rights 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. The modern study of homeless phenomena is most frequently seen in this historical context.

Laws supporting the homeless

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

United Kingdom

The 1834 Poor Law Amendment Act required parish unions to supply houses for workers but these unions purposely made these work houses unattractive in order to discourage workers from applying for housing. This Act also made casual wards known as "spikes" available for thoses who needed temporary housing in return for their labor. It was estimated that approximately 30,000 to 80,000 people used the spikes in the early 1900s in Great Britain.

Scotland

The Homelessness etc. Act 2003 was legislation passed by the Scottish Parliament that set the goal of providing permanent residence to those deemed unintentionally homeless. Following, the Homeless Persons Order 2004 was passed in 2004. This order made it so that, unless exceptional circumstances were present, any familial unit including children or an expectant mother was not placed in "unsuitable temporary housing". Scotland's most recent anti-homelessness legislation is entitled The Housing Support Services Regulations 2012, and it came into full effect on June 1, 2013. These regulations require local authorities to assist the homeless in a variety of ways, including help in adjusting to a new living situation, debt counseling and managing a personal budget.

United States

A change created by the amendments of 1992 was the creation of the Access to Community Care and Effective Services and Support program ; this program was created in order to assist the homeless people who had both serious mental illness issues, as well as substance abuse problems and lasted a total of 5 years.
The Fair Housing Act passed in 1968 was designed to protect those who were traditionally discriminated against by housing agencies because of their race, gender, religion, familial status, and disability. Some states and cities also gave homeless people equal access to housing accommodations regardless of their income. Although this Act did not specifically refer to the homeless population, the main beneficiaries of this law were homeless individuals.
The Americans with Disabilities Act of 1990, also known as the ADA states that people with disabilities must be given appropriate housing accommodations that meet their special needs. Additionally, people with disabilities should be given the chance to interact with people who do not have disability.

Laws criminalizing behaviors engaged in by the homeless

Use of the law that criminalizes the homeless generally takes on one of five forms:
The 1977 Housing Act greatly restricted the homeless housing requirements so that only individuals who were affected by natural disasters could receive housing accommodations from the local authorities. This led to the rejection of the majority of homeless applications received by the local government. This Act also made it difficult for homeless individuals without children to receive accommodations provided by local authorities.

United States

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. Although the court's opinion in Jones v. City of Los Angeles was vacated, the result suggests that criminalizing homelessness may be unconstitutional. 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.

Perception of Homelessness and Policy Implications

United States

The authors of a 2017 study on homelessness stated that homeless people have a higher incidence of sickness, with their most common health problem being skin problems. Homeless people also have a lack of access to sanitation, leading to poor hygiene. These characteristics are noticeable and may trigger reactions of disgust from onlookers who are inclined, at an evolutionary level, to be pathogen-averse. This leads the general public to keep their physical distance from homeless people, and promotes exclusionary policies. As an example, these authors state that while the majority of the general public support subsidized housing for homeless individuals, they do not want that housing in their own neighborhood.
But the public also maintains concern for the homeless, supporting increases in federal spending on homelessness programs. In fact, when surveyed, the public supports spending on homelessness over other social problems by consistently putting the homeless in the top third of their spending priorities.
Respondents to surveys also feel that 55% of homeless people are addicted to drugs or alcohol, and that 45% of homeless people have been to jail before. The majority of U.S. residents surveyed also think that homeless people make neighborhood worse, and that their presence brings down the profitability of local businesses.