Challenging Racial Injustice in the Criminalization of Homelessness in the United States: A Human Rights Approach

The following is a summary of the Law Review article, Challenging Racial Injustice in the Criminalization of Homelessness in the United States: A Human Rights Approach, which explores the cycle of racial injustice perpetuated by the criminalization of homelessness

SUMMARY

Disproportionately impacted by criminalization laws and policies, Black people experiencing homelessness are fined or incarcerated at higher rates than their peers. Comprising 40% of people experiencing homelessness, while only making up 13% of the general population in the United States, Black Americans have found themselves adversely impacted as a result of structural racism. 
A direct violation of international human rights standards, the criminalization of life-sustaining activities not only perpetuates the cycle of homelessness but further exacerbates racial disparities. Rather than addressing the root causes of homelessness, criminalization has been found to place more barriers in the way of escape by imposing expensive fines and generating criminal records, “driving employment and housing out of reach and circulating individuals from the street to the criminal justice system and back.” 
A direct violation of international human rights standards, the criminalization of life-sustaining activities not only perpetuates the cycle of homelessness but further exacerbates racial disparities. Rather than addressing the root causes of homelessness, criminalization has been found to place more barriers in the way of escape by imposing expensive fines and generating criminal records, “driving employment and housing out of reach and circulating individuals from the street to the criminal justice system and back.”  This approach has failed to address the structural causes of homelessness and infringed on the fundamental rights to equality and non-discrimination, freedom from torture and CIDT (cruel, inhumane, or degrading treatment), liberty and security of person, freedom of movement, life, and housing – “opening the door to more brutality and discrimination."

RECOMMENDATIONS

Recommendations listed in the article are as follows: