الوضع الليلي
1:17:38 
2023-09-07 
2489
Experiencing homelessness means not having stable, safe and adequate housing, nor the means and ability of obtaining it. It should be noted that international agencies, governments, researchers or civil society have adopted different definitions of homelessness depending on language, socioeconomic conditions, cultural norms, the groups affected and the purpose for which homelessness is being defined. The experience of homelessness is not fully captured without a richer definition that goes beyond the deprivation of physical shelter. Reducing the matter to putting a roof over one's head, would fail to take into account the loss of social connection - the feeling of "belonging nowhere" - and the social exclusion experienced by persons living in homelessness.
Definitions of homelessness used by UN Habitat, the Secretary-General of the United Nations, the Institute of Global Homelessness or the European Federation of Organizations Working on Homelessness (FEANTSA) have all in common to include various forms of homelessness: persons living in the streets, in open spaces or cars; persons living in temporary emergency accommodation, in women's shelters, in camps or other temporary accommodation provided to internally displaced persons, refugees or migrants; and persons living in severely inadequate and insecure housing, such as residents of informal settlements. Rough sleeping is thus only one manifestation of homelessness, but not necessarily the most frequent one.
Human rights standards
Homelessness violates the principle of human dignity enshrined in articles 1 and 22 of the Universal Declaration of Human Rights and in the International Covenants on Civil and Political Rights and Economic, Social and Cultural Rights.
States have recognized in Article 11 (1) of the International Covenant on Economic, Social and Cultural Rights the right of everyone to an adequate standard of living, including to food, clothing and housing and to the continuous improvement of living conditions. Article 12 states that everyone has the right to the highest attainable standard of health. States must furthermore guarantee according to Article 2 (2) that all economic, social and cultural rights "are exercised without discrimination of any kind as to... national or social origin, property, birth or other status", the latter includes as well housing status.
Homelessness and cruel, inhuman and degrading treatment
Persons in situations of homelessness have frequently been subjected to criminalization and cruel, inhumane and degrading treatment by public or private persons, including public and private security officials, arbitrary detention or forced institutionalization, deportation and other interference into their freedom of movement, denial of health care or other public services and benefits, including access to safe drinking water and sanitation.
The mere existence of homelessness has so far not yet been considered in itself as cruel, inhumane and degrading treatment, prohibited by Article 7 of the International Covenant on Civil and Political Rights. However, State failure to prevent or respond to persons in situation of homelessness can amount to cruel, inhumane and degrading treatment.
For example eviction into homelessness, forcible return to a country in which the person would face homelessness and destitution, or the refusal of public institutions to offer persons in situation of homelessness alternative accommodation and subsistence has - depending on the particular circumstances - been found to amount to cruel, inhuman and degrading treatment under international human rights law.
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