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Begging as a human right? – challenging the penalisation of begging in the EU in light of the recent Lăcătuş v. Switzerland case

Anna Kompatscher

Policy Assistant, FEANTSA

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Martin v. City of Voise. Case: 15-35845 [04.09.2018]

 

Date of the decision: 4 September 2018

Jurisdiction: United States Court Of Appeals For The Ninth Circuit

Country: United States 

SubjectThe case challenged Boise, Idaho’s ban on sleeping in public.

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US: Court Says Cities Can’t Criminalize Sleeping Outside Absent Other Housing or Shelter Options

 
 
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Denmark Takes a Step Closer to Criminalising Homelessness

 
On September 6th 2018 Denmark took one step closer to criminalizing homelessness, when a man who had slept by himself outside in January 2018, was convicted to staying in a so-called "intimidating camp". Something that became illegal in Denmark as of March 2017. The law was introduced in order to provide the police with a tool to remove homeless migrants sleeping in small settlements in parks and under bridges in Copenhagen. 
 
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Hungary latest amendment to the Constitution further criminalises rough sleeping

The latest amendment to the Hungarian Constitution, which forbids living in public spaces, clearly violates the spirit of numerous international human rights treaties to which Hungary is a signatory.

Homelessness is an unacceptable violation of fundamental human rights and dignity. Nobody should have to live on the streets, but to outlaw those who have no options for a place to live is a clear violation of human rights. 

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Criminalisation

 

 

The number of people sleeping rough in England has more than doubled from 1,768 in 2010 to 4,751 in 2017. The number of prosecutions under the Vagrancy Act 1824 increased from 1510 in 2006-07 to 2365 in 2015-16.

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France: Fondation Abbé Pierre Launches Campaign against Anti-Homeless Measures

 
 

 

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Criminalisation of homelessness in Europe

Housing Rights Watch and FEANTSA have been working  on the issues of criminalisation of homelessness since 2012. 

In 2012 we launched and ran a campaign to raise awareness about the issue called, Poverty is Not a Crime

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Municipal ordinance punishing begging cancelled by the Council of State in Italy

 

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An examination of the scale and impact of enforcement interventions on street homeless people in England and Wales

 
An examination of the scale and impact of enforcement interventions on street homeless people in England and Wales (2017)
 
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Funders

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