Criminalisation of homelessness in Sweden, Pro bono report

Due to the scope of the assignment please note that this chapter only includes discussion of such actions that may result in a penalty (i.e. crimes) and does not include actions that may be taken by the government or the Swedish municipalities in order to control homelessness by actions such as reducing public space, trimming trees and bushes, closing public toilets, removing comfortable park benches and increasing lightning in areas where homeless individuals may reside.  Major Swedish cities like Gothenburg have in recent years introduced a zero‑tolerance policy against littering and loitering as well as an initiative to close public restrooms.  The goal is to turn the city into a “public common room”, but the policy is negatively impacting homeless people.There are no laws in Sweden that criminalise homelessness.  However, there are several provisions included in Swedish laws and regulations that may have an impact on a homeless individual’s way of life.Most of the provisions that affect homeless individuals are included in the Swedish Act on Public Order (1993:1617) (within this chapter, the “Act”) and local regulations that municipalities have issued pursuant to  the Act.  Each municipality may for example restrict the number of places where one can publically drink alcohol, bring a pet, sleep in a car or camp out.In addition, there are provisions in (i) the Swedish Penal Code (1962:700) regarding disorderly conduct, (ii) the Environmental Code (1998:808) regarding littering and (iii) the Act on the prohibition of knives and other dangerous objects (1988:254) that may be relevant as regards homeless individuals.

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English
Author: 
White & Case
Year of publication: 
2 012
Publisher: 
Housing Rights Watch
Organisation: 
FEANTSA
Subject: 
Homelessness
Criminalización
Country: 

Funders

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