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New ICJ Guide online: adjudicating Economic, Social and Cultural Rights
by International Commision of Jurists (ICJ)
 
New International Commision of Jurists (ICJ) Guide online: adjudicating Economic, Social and Cultural Rights at national level.
 
The ICJ has launched its new Practitioners Guide on Economic, Social and Cultural Rights (ESCR), the 8th in the series of ICJ resources for legal practitioners, as well as its associated online searchable version.
 
This new Guide will inspire and help judges and lawyers working at national level to litigate cases involving economic, social and cultural rights.
 
It builds upon the longstanding work of the organization in favor of legal and judicial protection of these rights.
 
In particular, it aims at giving examples from a large variety of countries and jurisdictions of how courts and other bodies have dealt with the adjudication of these rights.
 
The Guide also addresses issues that legal practitioners are faced with at the different phases of litigation, from initiating a case and evidence building to the provision of remedies and the enforcement of judicial decisions.
 
In addition to the electronic version of the Guide in a book format, the ICJ also launched a searchable online version that is accessible on our website.
 
The ICJ hopes that these two versions of the new resource will be a useful tool for legal practitioners who want to promote ESCR and protect ESCR before their judicial and administrative bodies at the domestic level.
 
The organization will use the Guide in its work at various levels and especially in trainings and symposiums involving justice actors to promote a better access to justice for victims of violations of ESCR and for an increased accountability in these cases.
 
http://www.icj.org/themes/economic-social-and-cultural-rights/ http://www.amnesty.org/en/documents/pol34/001/2014/en/
 
(Composed of 60 eminent judges and lawyers from all regions of the world, the International Commission of Jurists promotes and protects human rights through the Rule of Law, by using its unique legal expertise to develop and strengthen national and international justice systems).


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No Safe Place: How Cities are making it Illegal to be Homeless
by Michael Maskin
Talk Poverty, National Law Center on Homelessness and Poverty
USA
 
August 2014
 
Tonight, thousands of homeless people in the United States will face the possibility of arrest because they do not have a safe place to sleep. Thousands more could be arraigned for sitting or standing in the wrong place. While they must sleep rest their legs, homeless people live in cities where these and other life sustaining activities are against the law, even though shelters face a critical shortage of beds.
 
Criminalization laws can take many forms. Most commonly, they outlaw sitting, sleeping in vehicles or outdoors, lying down, “hanging out,” sharing food, and camping. What makes them even more insidious is that they can be difficult to detect. Curfews on public parks are often explained by municipalities as a way to deter drug-related crimes.
 
In reality, they are frequently a way to ensure that homeless people don’t use park benches as beds.
 
By not having enough safe sleeping spaces, cities are forcing their homeless persons to live on the streets with virtually no other options, and then arresting them for doing so. These laws represent a gross violation of human rights, and have received a large amount of criticism from civil rights advocates around the country and the world.
 
In March, criminalization laws led to a man’s death. 56-year-old Jerome Murdough, a homeless veteran, was without shelter in New York City on a cold night. Searching for a safe place to sleep, he took refuge in an enclosed stairwell in a Harlem public housing building. He was discovered and arrested for trespassing. Since he didn’t have $2,500 to post bail, he was sent to Riker’s Island Prison, where he was placed in a hot cell and ignored for hours by prison staff. According to a city official, Murdough “basically baked to death” in the cell, and was found dead on the floor.
 
His disturbing saga highlights the dangers of criminalization laws; instead of receiving needed assistance, Murdough was treated like a criminal, and ultimately lost his life by trying to protect it.
 
The National Law Center on Homelessness and Poverty recently released a report entitled, No Safe Place: The Criminalization of Homelessness in U.S. Cities. The report details the alarming upward trend of these inhumane and ineffective statutes that criminalize homelessness—with specific examples from around the country—and highlights how the laws are both ineffective and also violations of human rights.
 
While Murdough’s death represents the most extreme effect of criminalization laws, countless other homeless people face situations every day that put their lives in danger. In No Safe Place, the Law Center recounts the story of Lawrence Lee Smith, a man in Boise, Idaho who became homeless after a degenerative joint disease made him unable to continue to work construction.
 
“He lived in a camper van for years until it was towed. He couldn’t afford to retrieve it, leaving him with nowhere to reside but in public places…due to frequent overcrowding of area homeless shelters. Mr. Smith was cited for illegal camping and was jailed for a total of 100 days. Due to the arrest, he lost his tent, his stove, and the fishing equipment he relied upon to live.”
 
In addition to a loss of property, many homeless people who are cited for sleeping in public also must pay fines that they can’t afford, which often results in jail time. A homeless woman, Sandy, tells her story in the report:
 
“I just basically wanted to get in a little bit safer situation so I hid . . . in this church. And they gave me a ticket and now I can’t pay for this ticket; it’s four-hundred bucks! You know, I can’t pay $80 dollars. I have no income whatsoever.”
 
In some cities, it is illegal to share food with homeless people. The report details the case of Birmingham, Alabama Pastor Rick Wood, who was ordered by police to stop serving hotdogs and bottled water to homeless people in a city park.
 
This makes me so mad,’ Wood told a local news station. ‘These people are hungry, they’re starving. They need help from people. They can’t afford to buy something from a food truck.’”
 
Bans on food-sharing exist in 17 of the cities studied by the Law Center and are based on the wrong assumption that free food services will bring an influx of homeless persons to the area. In reality, the bans simply force people to search for food in less safe places like dumpsters and trash cans.
 
There has been a nationwide increase in criminalization laws since 2011, despite mounting evidence that criminalization is the most expensive and least effective way to deal with homelessness. As cities increasingly opt for these bad policies, there will eventually be no safe place left for homeless people.
 
Instead, communities should focus on constructive alternatives to criminalization that actually work; policies like the “housing first” strategy that provides housing and supportive services to homeless people and is also much less costly than the price of jail stays and emergency room visits.
 
Could you survive if there were no place you were allowed to fall asleep, store your belongings, or stand still? There are far better policy choices than criminalization and making it illegal for people to simply try to survive; policies that are better for homeless people, and better for the character of our nation.
 
http://www.nlchp.org/


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