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Date: March 28, 2024 Thu

Time: 4:49 am

Results for criminalization

3 results found

Author: Lurie, Kaya

Title: Discrimination at the Margins: The Intersectionality of Homelessness & Other Marginalized Groups

Summary: This brief addresses the intersectionality of homelessness and other marginalized groups. It examines six marginalized groups: racial minorities, women, individuals who identify as lesbian, gay, transgender, queer, or questioning (LGBTQ), individuals with a mental disability, incarcerated individuals, and veterans. The brief presents national and Washington State statistics to show how these six marginalized groups are represented in the homeless population compared to the general population. Moreover, it presents some of the causes of homelessness for these marginalized groups. This policy brief is particularly important to homeless rights advocacy because it humanizes the homeless population by outlining who is homeless and why. Categorizing a diverse group of people as "homeless" blanches this diversity by presenting these people as a homogenous group. Homogenizing the people who are homeless facilitates their dehumanization, erasing not only their diverse identities, but also obscuring the diverse causes of their homelessness. Homogenization also encourages erroneous negative stereotypes, assumptions, and prejudices. This brief unveils the diverse identities and causes of homelessness. This unveiling reveals that marginalized groups are disproportionately represented in the homeless population, and are therefore, disproportionately targeted by the ordinances that criminalize homelessness. Moreover, these criminalization laws are evidence of systemic and insidious discrimination of many marginalized groups. Because society has already rejected laws that discriminatorily target many of these same marginalized groups, the results of this study should compel society to re-examine the impact of laws that criminalize homelessness. Ultimately, this brief argues that laws that criminalize homelessness should be rejected because they are discriminatory.

Details: Seattle, WA: Seattle University School of Law, Homeless Rights Advocacy Project, 2015. 75p.

Source: Internet Resource: Accessed May 19, 2015 at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2602532

Year: 2015

Country: United States

URL: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2602532

Shelf Number: 135711

Keywords:
Criminalization
Discrimination
Homeless Persons
Homelessness
Poverty
Public Space

Author: Ortiz, Javier

Title: The Wrong Side of History: A Comparison of Modern and Historical Criminalization Laws

Summary: Like many other cities throughout the country, Washington's homeless population is being targeted through ordinances infused with a historical spirit of control and discrimination. The policy brief looks at the history of criminalization laws by focusing on historical criminalization laws and how they paved a way for current anti-homeless ordinances. The policy brief reveals that the spirit of historical criminalization laws is present in anti-homeless ordinances today. Since these historical laws have been repealed and overturned, so should anti-homeless ordinances that share the same spirit of control, exclusion, and discrimination. The brief focuses on five historical laws and modern anti-homeless ordinances through case studies: Vagrancy; Anti-Okie, Jim Crow, Ugly, and Sundown Town laws. Each section discusses the impetus for each law and the effect it had on targeted individuals. Next, the brief examines specific language from these laws and how they were applied - and ultimately, how they were overturned by judges, legislatures, and public opinion. The brief then shifts focus to three case studies of modern anti-homeless ordinances. This comparison reveals that modern anti-homeless ordinances share much of the same form, phrasing, and function as historical laws that banned African-Americans from attending public school with white Americans; that banned Midwesterners from entering Western states during the Great Depression; and that banned people with physical disabilities from residing in certain cities. And yet, anti-homeless ordinances are just contemporary expressions of the same impulse to marginalize already marginalized people. Ultimately, this brief shows that modern anti-homeless ordinances are just historically infamous laws in a new guise.

Details: Seattle, WA: Seattle University School of Law, 2015. 39p.

Source: Internet Resource: Accessed May 26, 2015 at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2602533

Year: 2015

Country: United States

URL: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2602533

Shelf Number: 135783

Keywords:
Criminalization
Homeless Persons
Homelessness
Poverty
Public Space

Author: Amnesty International

Title: Body Politics: Criminalization of sexuality and reproduction

Summary: There is a long history of states criminalizing sexuality and reproductive decisions relating to health. Unfortunately, despite increasing attention paid to the protection of human rights in the last few decades, the criminalization fever shows no signs of cooling. In some areas this trend appears to have gained renewed strength. Throughout much of the Americas, for example, women and health professionals can be punished for seeking, obtaining or providing abortion services. In certain states in Africa, opportunistic politicians have pumped life into antiquated statutes or passed new laws punishing same-sex activity with dire penalties. Notably, this rush to criminalization is not limited to developing or least developed states. The last few years has also seen a rise in women in the USA being jailed for otherwise legal acts conducted during pregnancy, and in many rich and poor states alike, individuals can still be prosecuted for transmission of HIV. Criminalization of sexual and reproductive health-related activity, in particular, stands as a significant impediment to the realization of human rights, particularly the right to health. Although such criminalization is justified by some as a "public health" measure, in most cases it exacerbates the underlying public health concern by driving risk behaviour underground and preventing the provision of effective health services; contributing to preventable illness and death. Criminalization of consensual reproductive and sexual behaviours also violates autonomy, which is the foundation on which an individual's ability to realise their right to health is built. In addition to implicating human rights adversely, criminalization of sexuality and reproductive decisions engenders stigmatization, discrimination and even violence against people engaged in (or suspected of engaging in) the prohibited behaviour, which can further place the health of vulnerable people at risk. Indeed, the individuals facing punishment tend to be members of poor, marginalized and vulnerable groups, as opposed to wealthy individuals engaging in the same behaviour. Moreover, such criminalization affects not just those against whom the law is directed, but negatively impacts the rights of entire populations by giving states power to interfere with individuals' private decision-making and forcing people to conform to strict sexual and gender norms. Using the force of state machinery to achieve illegitimate aims relating to the public morality can further lead to an environment generally permissive of arbitrary arrests and detention, harassment, stigmatization, discrimination and violence. Such use of power also weakens respect for the rule of law. Unfortunately, all too often criminalization of sexual and reproductive decisions and behaviours can be a means to gain political support from voters, especially when the targets of such punitive regulation are politically disenfranchised or socially marginalized. It is therefore crucial to highlight the depth and extent of this problem and to empower activists worldwide to challenge laws directly or indirectly criminalizing sexual and reproductive decisions and behaviours. Amnesty International's Primer and Toolkit - Body Politics: Criminalization of sexuality and reproduction - is a timely, meaningful and welcome contribution that can enable activists to both comprehend and challenge illegitimate criminalization of sexuality and reproductive decisions. It is vital to understand the extent to which criminalization has permeated states today and the damage which is done by such measures masquerading as legitimate public health or public morality initiatives. This Primer details the major areas of concern and the harm which both direct and indirect criminalization inflict on an individual's human rights and the health of society as a whole. It is not enough, however, to simply understand the problem of criminalization of sexuality and reproductive decisions; steps must also be taken to challenge it. The Toolkit provides concrete campaigning techniques such as mapping stakeholder participation and power, identifying advocacy targets, and building capacity. The Training Manual can be used to build understanding and capacity around these issues for a range of audiences and activists.

Details: London: AI, 2018. 220p.

Source: Internet Resource: Accessed March 16, 2018 at: https://www.amnesty.org/download/Documents/POL4077632018ENGLISH.PDF

Year: 2018

Country: International

URL: https://www.amnesty.org/download/Documents/POL4077632018ENGLISH.PDF

Shelf Number: 149485

Keywords:
Abortion
Criminalization
Health Services
Human Rights Abuses
Public Health