USA: UN Human Rights Committee expresses concern on criminalization of homelessness, violence against homeless persons and their premature death
The United States underwent its fifth review of compliance with the International Covenant on Civil and Political Rights amid severe criticism for the increase of state and local laws criminalizing homelessness, coupled with violence against homeless persons as well as at the higher risk of premature death that they experience due to homelessness. The Human Rights Committee, the authoritative body monitoring state performance, expressed concerned about the disproportionate impact of homelessness on persons who are marginalized because of their real or perceived sexual orientation or gender identity, persons with disabilities, and racial and ethnic minorities, particularly people of African descent, Indigenous Peoples and persons of Hispanic/Latino origin. The Committee found these failures of the state party to contravene articles 2, 6, 7, 9, 17 and 26 of the Covenant..
The UN Human Rights Committee published its concluding observations on 3 November 2023, summarizing its review of the United States of America and its findings. Concerning the requirement of the USA`s compliance with the Covenant, the Committee reiterated previous recommendations that the USA has failed to implement since its last review in 2014. The Committee again called on the USA to:
(a) Abolish laws and policies criminalizing homelessness at all levels, and adopt legislative and other measures that protect the human rights of homeless people;
(b) Offer financial and legal incentives to decriminalize homelessness, including by conditioning or withdrawing funding from state and local authorities that criminalize homelessness; and
(c) Intensify efforts to find solutions for the homeless, in accordance with human rights standards, including by redirecting funding from criminal justice responses towards adequate housing and shelter programmes; (d) Review criminal records policies and practices that can lead to homelessness.
The Committee expressed its concerns about reports of an increase of state and local laws criminalizing homelessness, of violence against homeless persons as well as at the higher risk of premature death that they experience due to homelessness. The Committee is also concerned about the disproportionate impact of homelessness on persons who are marginalized because of their real or perceived sexual orientation or gender identity, persons with disabilities, and racial and ethnic minorities, particularly people of African descent, Indigenous Peoples and persons of Hispanic/Latino origin.
The Committee called upon the United States of America to: (a) Abolish laws and policies criminalizing homelessness at all levels, and adopt legislative and other measures that protect the human rights of homeless people; (b) Offer financial and legal incentives to decriminalize homelessness, including by conditioning or withdrawing funding from state and local authorities that criminalize homelessness; (c) Intensify efforts to find solutions for the homeless, in accordance with human rights standards, including by redirecting funding from criminal justice responses towards adequate housing and shelter programmes; and (d) Review criminal records policies and practices that can lead to homelessness.
The US Department of Housing and Urban Development (HUD) counted around 582,000 Americans experiencing homelessness in 2022. That`s about 18 per 10,000 people in the US, up about 2,000 people from 2020.
Photo: Makeshift home in a homless camp, Seattler, Washington. Source: Sara Bernard/Grist.
| Themes |
| • Legal frameworks • Low income • National • Public policies • Public programs and budgets • UN HR bodies |
