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Constitutional Law

Theses/Dissertations

Hamline University

Homelessness

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Guilty Of Homelessness: Evaluating The Criminalization Of Homelessness Through A Human Rights Framework, Cristina M. Semi Jan 2014

Guilty Of Homelessness: Evaluating The Criminalization Of Homelessness Through A Human Rights Framework, Cristina M. Semi

Departmental Honors Projects

Several international treaties and declarations affirm adequate housing as a fundamental human right. However, the United States, while a signatory to several of these agreements, does not recognize this right. Homelessness violates the right to housing. Moreover, homelessness often subjects individuals to additional rights violations. These additional violations often occur because governments criminalize homelessness.

Public order laws that criminalize basic life-sustaining behaviors, such as sitting, lying, and sleeping in public spaces, violate several constitutional rights when applied to unsheltered individuals experiencing homelessness. Devoid of any accommodation aside from the public streets, such individuals must necessarily perform the prohibited conduct in …