Objectives

In many States persons experiencing homelessness, living in poverty or vulnerability are disproportionately subjected to fines, deportation, arbitrary arrest, or detention for petty offences or conduct that is necessary to survive, such as informal street vending, waste collection, sex work, begging, sleeping, cooking or eating in public places. Persons who are unable to pay fines for petty offences, such as riding public transport without a valid ticket, continue to be imprisoned in many countries. Such sanctions do not only raise human rights concerns; they also congest the criminal justice system with issues that should be better addressed by other measures and policies tackling the root causes of  homelessness or poverty.

The Guiding Principles on Extreme Poverty and Human Rights (A/HRC/21/39), adopted by Human Rights Council resolution 21/11 in September 2012 underline that States should "repeal and reform any laws that criminalize life-sustaining activities in public places, such as sleeping, begging, eating or performing personal hygiene activities". Furthermore States should "review sanctions procedures that require the payment of disproportionate fines by persons living in poverty, especially those related to begging, use of public space and welfare fraud, and consider abolishing prison sentences for non-payment of fines for those unable to pay".

The Guidelines for the Implementation of the Right to Adequate Housing (A/HRC/43/43), specify that "States should prohibit and address discrimination on the ground of homelessness or other housing status and repeal all laws and measures that criminalize or penalize homeless people or behaviour associated with being homeless, such as sleeping or eating in public spaces. The forced eviction of homeless persons from public spaces and the destruction of their personal belongings must be prohibited. Homeless persons should be equally protected from interference with privacy and the home, wherever they are living." They further recommend: "States should provide, within their justice system, alternative procedures for dealing with minor offences of homeless people to help them break the cycle of criminalization, incarceration and homelessness and secure the right to housing."

Similarly in June 2020 the Human Rights Council called in resolution 43/14 on States to "take all measures necessary to eliminate legislation that criminalized homelessness."

Key questions and input sought

The Special Rapporteur on the right to adequate housing and the Special Rapporteur on extreme poverty and human rights invite States, local Governments, civil society organizations, National Human Rights Institutions, national associations working with the homeless, and other relevant stakeholders to submit (additional) information concerning the following issues:

• Laws or regulations that prohibit begging, eating, sleeping, or performing personal hygienic activities in all or certain public places, including their texts and whether they are still in force and enforced.
• Laws or regulations that allow for petty offences the detention or imprisonment of individuals who are unable to pay the respective fine.
• Comments whether any of these laws and regulations may violate international human rights law.
• Information about attempts made or planned to decriminalize street vending, informal business activities, sex work, begging, eating, sleeping or performing personal hygienic activities in public places.
• Information concerning initiatives to change the response of law enforcement officials and of the criminal justice system from penalization, punishment or detention, towards facilitating social inclusion of persons living in poverty or experiencing homelessness.
• Measures and services available at national, regional or municipal level to support people living in poverty or in situations of vulnerability from having to resort to begging, sleeping, washing, defecating or performing other hygienic activities in public places, because they lack access to employment, social assistance, adequate housing, public showers and toilets.

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