Homelessness and the law
Subtitle: constitution, criminal law and human rights
By: G. J. Vonk & A. Tollenaar (eds.).
Publisher: Wolf Legal Publishers
Published: 2014
Place of publication: Oisterwijk, The Netherlands
Language: eng
Number of pages: 236
ISBN-13: 9789462400948
Subjects: Homeless persons; Legal status, laws
Description: Ever since Dickens wrote his great novels we know that homelessness and the law are closely related. The relationship has not always been a good one for the individuals concerned. Now we have a welfare state and much has improved. The prevention of homelessness and the protection of the homeless has become a constitutional imperative. Yet this does not mean to say that the law always works in favour of the inclusion and emancipation of the homeless. Rigid exclusions remain, in particular for immigrants and repressive responses are on the rise. In the meantime courts soften the worse consequences of these policies by offering human rights remedies. This book brings together a selection of legal issues relating to the plight of the homeless. They are placed under the headings of: constitution, repression, immigration and human rights. The chapters give a unique insight into the latest policy developments in developed countries. The chapters cover legal issues in Australia, Canada, Switzerland and seven member states of the European Union.The overall conclusion is that homelessness creates a curious paradox in our legal orders. The same system that is responsible for exclusions and repression (in terms of national positive law) calls for the protection of the victims of these practices (in terms of human rights guarantees)--Page 4 of cover.
Notes: Includes bibliographical references (pages 223-234).
Table of contents: title: Homelessness and the law : a general introduction / Gijsbert Vonk; title: Homelessness, constitution and governance / Albertjan Tollenaar; title: The legal infrastructure to combat homelessness in the Czech Republic / Katerina Benasova; title: The right to housing as a constitutional imperative : the situation in Canada / Elizabeth Perreault; title: Tackling anti-social behaviour and homelessness with exclusion orders in the Netherlands, Belgium, England and Wales / Michel Vols & Dewi Duran; title: Down and under : criminal law enforcement and treatment programmes in Australia / Andrew Fletcher; title: Is begging a crime? : a case from the Netherlands / Koen Bandsma; title: Is the threat of homelessness a relevant factor in sentencing? / Miko van der Veen; title: Access to social assistance for EU citizens in Germany / Valentin Günther; title: Swiss social assistance for foreign nationals / Delphine Poussin; title: What does the right to housing in the United Kingdom entail and can it be said to be fair and non-discriminatory / Sarah Wallace; title: Rightlessness under the rule of law in the Netherlands? : on the position of non-returnable foreign nationals in the Netherlands / Sybren Koopmans; title: The impact of criminalisation of illegal stay on the living conditions of undocumented migrants / Dennis Ros; title: The effectiveness of EU law in protecting housing rights in the area of credit agreements relating to residential property / Jochem de Kok; title: Homelessness and access to justice in the UK / Anna Willis; title: Homelessness and access to justice in the Netherlands / Rieneke Roorda.