A/HRC/54/30
employment, persons experiencing homelessness are predominantly represented in the
informal economy.74 While not all forms of informal work are exploitative, indicators of
forced labour and exploitation are often evident in various informal sectors, as many of them
are poorly regulated by States. 75 It is clear that the provision of stable and long-term
employment opportunities in the formal economy to persons experiencing homelessness is
needed.
46.
Limited access to public services and decent work is often the result of a lack of
participation by persons experiencing homelessness in decision-making processes. This may
lead to the promotion of one-size-fits-all approaches, which do not take individual needs and
circumstances into consideration. It is inappropriate, for example, to place all children in
street situations into foster care and other similar arrangements, if doing so exacerbates their
vulnerabilities to contemporary forms of slavery. In this regard, according to recent research
conducted in over 30 European States, a large number of lesbian, gay, bisexual, transgender,
queer and intersex youth in situations of homelessness felt that tailored policies and support
for them were very weak or non-existent.76 Listening to the experiences and concerns of
persons in situations of homelessness is essential in devising appropriate short-, medium- and
long-term solutions that are suitable and acceptable to them.
47.
The criminalization of conduct associated with homelessness, such as sleeping in
public and loitering, is another manifestation of discrimination against persons experiencing
homelessness, including children in street situations, by law enforcement authorities in
various parts of the world. Many face penalties, such as fines or even incarceration, as a
result.77 In Malaysia, for example, the Destitute Persons Act reportedly has been used to
detain persons experiencing homelessness without trial. 78 Those who are forced to commit
offences, such as drug trafficking and theft, also face the full force of the law. Intersecting
forms of discrimination are also evident, as it has been suggested that criminalization more
frequently affects ethnic minorities and lesbian, gay, bisexual, transgender, queer and
intersex people.79 The possession of criminal records by persons experiencing homelessness
inevitably makes it much harder to promote their social and economic integration.
48.
Moreover, a lack of sufficient knowledge on the linkage between homelessness and
contemporary forms of slavery among private and public service providers poses another
challenge. This stems from a lack of reliable data or information on the subject matter.
Without a full understanding of the particular vulnerabilities and victimization surrounding
persons experiencing homelessness, including children in street situations, States and nongovernmental actors are not able to develop and implement appropriate and effective
strategies, including tailored assistance, which sufficiently reflects gender and other
dimensions. There is therefore an urgent need to enhance the knowledge base through
research, awareness-raising and training among the relevant stakeholders in both the
homelessness and anti-slavery sectors.
VIII. Initiatives to tackle homelessness and contemporary forms
of slavery
49.
The Special Rapporteur wishes to acknowledge that a wide variety of initiatives have
been adopted by States and private actors, which can address the ongoing challenges of
preventing persons experiencing homelessness from being victimized in contemporary forms
of slavery. The provision of emergency or temporary accommodations as immediate
74
75
76
77
78
79
GE.23-12640
E/CN.5/2020/3, para. 11.
See A/77/163.
J. Shelton, et al., “Perceptions: addressing LGBTI youth homelessness in Europe and Central Asia,
findings from a survey of LGBTI organisations”, ILGA-Europe, True Colors United and Silberman
Center for Sexuality and Gender at Hunter College (2021).
A/HRC/48/55, para. 25; A/HRC/41/33, para. 52; and submissions from Egna Legna Besidet and
Freedom Network USA.
A/HRC/44/40/Add.1, para. 50.
Submissions from A Way Home America, Aiden Anthony, the National Homelessness Law Center,
True Colors United and Freedom Network USA.
11
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos