Tent Cities, Homelessness & Human Rights 2014
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1 Tent Cities, Homelessness & Human Rights 2014 Eric Tars Director of Human Rights & Children s Rights Programs Phone: etars@nlchp.org Web:
2 Presenters Eric Tars, National Law Center on Homelessness & Poverty Amy Sawyer, U.S. Interagency Council on Homelessness
3 1. Human Rights Reviews 2. Tent Cities Report Roadmap 3. Human Right to Housing Report Card 4. Bringing Human Rights Home
4 Human Rights Reviews International Covenant on Civil & Political Rights (ICCPR) International Convention on the Elimination of all forms of Racial Discrimination (ICERD) Convention Against Torture and other forms of cruel, inhuman, and degrading treatment or punishment (CAT) Universal Periodic Review (UPR)
5 Human Rights Reviews Spotlight on domestic human rights violations Creating standards and recommendations for use in policy advocacy or litigation Maintaining the record
6 Human Rights Reviews U.S. reports Analyze report
7 Human Rights Reviews HRC asks questions Suggest questions
8 U.S. Written Answers Human Rights Reviews
9 Human Rights Reviews
10 Human Rights and Alternatives to Criminalization: USICH Focus Searching out Solutions strategies - Dialogue and follow up with Federal agencies and national organizations. Work with the State Department on Human Rights related to homelessness Conversations and outreach through newsletters, blogs, and other media Providing shelter [and housing] is about more than charity and compassion, it is about acting on a basic commitment enshrined in our Constitution. Kevin Lindsey, Commissioner of the Minnesota Dept. of Human Rights 10
11 Human Rights Reviews HRC reviews U.S. March 13-14, 2014 Meet with Committee
12 Human Rights Reviews Follow along
13 Human Rights Reviews Positive aspects: The Suggested observations Committee welcomes the report of the USICH, Searching Out Solutions (2012), acknowledging that criminalization of homelessness may constitute discrimination and cruel, inhuman, and degrading treatment or punishment in violation of the ICCPR and CAT.
14 Human Rights Reviews The Committee notes with concern reports that homeless persons in the United States are routinely and disproportionately criminalized for essential human functions and behaviors they have no choice but to perform in public due to lack of available housing or shelter space (Articles 2, 7, 9, 17, 21 and 26). Suggested observations The State Party should take immediate measures to eliminate the criminalization of basic life activities where homeless persons have no choice but to perform them in public, and cease disparate enforcement of other laws that adversely affect homeless persons.
15 Human Rights Reviews Suggested observations Federal agencies should promulgate guidance for communities emphasizing the negative consequences of criminalization, provide incentives for decriminalization and constructive alternative approaches, discontinue their funding of local law enforcement practices that criminalize homelessness, and investigate and prosecute criminalization policies or enforcement wherever they occur.
16 Human Rights Reviews ICCPR March 13-14, 2014 ICERD August 2014 CAT November 2014 UPR March 2015
17 Tent Cities Background Case studies Legal analysis
18 Tent Cities Background Over 100 encampments reported in 46 of 51 states (including D.C.) Only 8 encampments had legal status Majority were evicted in this time period Conditions ranged from organized and self-sustaining to dangerous
19 Tent Cities Case Studies Providence, RI Lakewood, NJ New Orleans, LA St. Petersburg, FL Responses Evicted, but led to Bill of Rights Awaiting resettlement Residents housed Legal tent city/shelter options, but criminalization continues Credit: Ellis Lucia, The Times Picayune
20 Tent Cities Federal law 4, 5, 14A: Rights to Be Free from Unreasonable Seizure and Not To Be Deprived of Liberty or Property Without Due Process of Law 8A: Cruel & Unusual Punishment 1A: Right to Free Exercise of Religion Fair Housing Act
21 Tent Cities State law Promissory Estoppel Unclean hands and Duty to Aid the Poor Necessity
22 Tent Cities International Law Right to shelter/housing Right to life, dignity, freedom from cruel and degrading treatment Right to property, privacy Camp Runamuck (Credit: NYTimes)
23 Comparative Law India South Africa Columbia Canada Tent Cities
24 Tent Cities Background Case studies Legal analysis Federal State International Comparative
25 Human Right to Housing Report Card HousingReport_2013 %20copy.pdf
26 Human Right to Housing Report Card Simply_Unacceptable
27 Human Right to Housing Report Card 2013 Legal security of tenure Renters B- C C Homeowners D+ D D Access to Counsel D F D- Emergency & Dire Circumstances: Criminalization F D- D Emergency & Dire Circumstances: Domestic Violence B- C A- Availability of services, materials & infrastructure D+ D D Affordability D D F Accessibility C- C- C- Habitability C- C- D Location D D D Cultural Adequacy D D D
28 Bringing Human Rights Home campaign/human-rights-home-campaign
29 Bringing Human Rights Home Framing Educating Participating
30 Wrap Up Human Rights Reviews Tent Cities Report Human Right to Housing Report Card Bringing Human Rights Home
31 Discussion & Questions Eric Tars Facebook.com/homelessnesslaw
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