Discrimination against the homeless
Encyclopedia
Discrimination against the homeless is the act of treating the homeless, or those perceived to be homeless, unfavorably. As with most types of discrimination
Discrimination
Discrimination is the prejudicial treatment of an individual based on their membership in a certain group or category. It involves the actual behaviors towards groups such as excluding or restricting members of one group from opportunities that are available to another group. The term began to be...

 it can manifest in numerous forms.

Discriminatory legislation regarding homelessness

Use of the law to discriminate against the homeless takes on disparate forms: restricting the public
Public
In public relations and communication science, publics are groups of individuals, and the public is the totality of such groupings. This is a different concept to the sociological concept of the Öffentlichkeit or public sphere. The concept of a public has also been defined in political science,...

 areas in which sitting or sleeping are allowed, ordinances restricting aggressive panhandling
Aggressive panhandling
Aggressive panhandling is a legal term designating those forms of public solicitation which have been designated as unlawful. Proponents of such legislation include both liberal and conservative commentators who concur on the advisability of placing limits on these activities; opponents lament the...

, actions intended to divert the homeless from particular areas, or enforcing laws on the homeless and not on those who are not homeless.

The French
French literature
French literature is, generally speaking, literature written in the French language, particularly by citizens of France; it may also refer to literature written by people living in France who speak traditional languages of France other than French. Literature written in French language, by citizens...

 novel
Novel
A novel is a book of long narrative in literary prose. The genre has historical roots both in the fields of the medieval and early modern romance and in the tradition of the novella. The latter supplied the present generic term in the late 18th century....

ist Anatole France
Anatole France
Anatole France , born François-Anatole Thibault, , was a French poet, journalist, and novelist. He was born in Paris, and died in Saint-Cyr-sur-Loire. He was a successful novelist, with several best-sellers. Ironic and skeptical, he was considered in his day the ideal French man of letters...

 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".

Criminalization of homelessness in the United States

There is a growing trend in the United States towards criminalizing the state of being homeless. Proponents of this approach believe that punitive measures will deter people from a homeless lifestyle

To this end, cities across the country increasingly outlaw life-sustaining 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
Loitering
Loitering is the act of remaining in a particular public place for a protracted time. Under certain circumstances, it is illegal in various jurisdictions.-Prohibition and history:Loitering may be prohibited by local governments in several countries...

—against homeless populations.

Violators of such laws typically incur criminal penalties, which result in fines or incarceration or both.
Homeless people with new "criminal charges" have very restrictive housing and employment options, if either, for years.

In April 2006 the United States Court of Appeals for the Ninth Circuit ruled that "making it a crime to be homeless by charging them with a crime is in violation of the 8th
Eighth Amendment to the United States Constitution
The Eighth Amendment to the United States Constitution is the part of the United States Bill of Rights which prohibits the federal government from imposing excessive bail, excessive fines or cruel and unusual punishments. The U.S. Supreme Court has ruled that this amendment's Cruel and Unusual...

 and 14th
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...

 Amendments."

Criminal victimization

There have been many violent crimes committed against the homeless due to their being homeless. A study in 2007 found that this number is increasing.

See also

  • Anti-homelessness legislation
    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 criminalize homelessness and/or send the homeless to homeless shelters compulsively.-International law:...

  • List of organizations opposing homelessness
  • Homeless dumping
    Homeless dumping
    Homeless dumping is the practice of hospital employees or emergency workers releasing homeless patients on the streets instead of placing them into the custody of a relative, a warming center or shelter or retaining them in a hospital where they may require expensive medical care...

  • Skid row
    Skid row
    A skid row or skid road is a run-down or dilapidated urban area with a large, impoverished population. The term originally referred literally to a path along which working men skidded logs. Its current sense appears to have originated in the Pacific Northwest...

  • black triangle (badge)
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