The Criminalization of Homelessness: Ethical and Legal Implications

Abstract

Abstract

The criminalization of homelessness has become a pressing ethical and legal issue, as cities increasingly implement punitive measures to regulate public spaces. This study explores the impact of laws that penalize homelessness, focusing on their ethical implications, human rights concerns, and legal frameworks. It examines the historical and social factors contributing to homelessness and evaluates the role of constitutional protections in safeguarding the rights of homeless individuals. The findings highlight how criminalization exacerbates social exclusion, restricts access to essential services, and reinforces cycles of poverty. Ethical perspectives emphasize the need for a justice-oriented approach that prioritizes dignity, autonomy, and human rights over punitive enforcement. The study also critiques the legal inconsistencies in addressing homelessness and the failure of current policies to provide sustainable solutions. Alternative approaches, such as housing-first models and decriminalization strategies, are discussed as more effective means of addressing homelessness. The study concludes that systemic reforms are necessary to shift from punitive measures to supportive policies that uphold human dignity and foster social inclusion. Future research should explore the role of policy innovation, social services, and legal advocacy in addressing homelessness as a human rights issue.

Keywords: Criminalization of homelessness, Human rights, Legal frameworks, Social exclusion, Ethical considerations, Public policy, Housing-first approach