Why Criminalising the Homeless is Not the Answer

racial segregation that resulted in the oppression of South Africa’s black population by the South African State, whilst simultaneously privileging the country’s white population. The UN’s definition of apartheid was adopted by the 2002 Rome Statute of the International Criminal Court and is defined as “Inhumane acts … committed in the context of an institutionalized regime of systematic oppression and domination by one racial group over any other racial group or groups and committed with the intention of maintaining that regime.” Palestinian activists have called attention to the legal and social discrimination aforementioned, as well as other factors such as the existence of separate roads for Palestinians in the West Bank, as evidence of Israel being an apartheid state. This analogy has been endorsed by notable figures such as the South African anti-apartheid campaigner Desmond Tutu and leading Israeli historian Ilan Pappé. Support for Palestinian rights in Ireland is high. Senator Frances Black’s bill to ban the importation of goods from areas controlled illegally by Israel, most notably the West Bank, passed through the Seanad in July of this year. Support for the BDS campaign (Boycott, Divestment, Sanctions) which aims to pressure Israel to stop the discrimination against the Palestinian people and to withdraw from the West Bank, is also high. BDS actions vary from refusing to play against Israel’s football team to withdrawing investment from Israeli companies. The BDS campaign is notably backed by Trinity’s student body following a referendum held in March, 2018. The description of Israel as an apartheid state is certainly a compelling one. With Israeli forces having killed about 150 Palestinian protesters so far this year, Israeli oppression of the Palestinian people is unlikely to stop any time soon without significant international pressure. Calls to boycott the Eurovision Song Contest in 2019, which will be hosted in Israel, and the passage of Frances Black’s Occupied Territories Bill, ensures that that this issue will continue to be highly relevant in Ireland and across the world in the coming years.

GARETH FOYNES

JS LAW

In various jurisdictions, with Hungary being the most recent example to capture international attention, it has now become illegal for homeless people to stay on the streets. Proponents of such law justify it as a means of reducing the number of people that are homeless, which presently stands at 100 million. This is not only a vulgar approach, but also an illogical one. It means that those who are most in need of help are least likely to obtain it. This in turn exacerbates the suffering of those affected by this problem. The methods various governments are utilising include implementing policies which prevent homeless people from obtaining the necessities for survival or schemes that force homeless people to leave the, usually urban, area. Not only does this place increased demand on services outside of the excluded area to support the homeless, it also fails to tackle the root causes of homelessness, such as domestic violence or unfair rent rates. Further, some countries have introduced punitive measures such as fines against the homeless for begging or ‘loitering’, when they cannot even afford basic essential services. This practice has been reported in America for example, by the National Coalition for the Homeless. Such a sanction highlights how irrational and impractical this approach is for policymakers who genuinely want to tackle homelessness. Moreover, this method may likely exacerbate the homelessness crisis, as a criminal record makes it even more difficult to get a home or a job. Rather than this draconian approach, we must find a solution which does not breach the basic constitutional rights provided to all citizens.