children ’ s rights are human rights: a human rights approach for homeless children

ChildrenChildren’’s Rights are Human s Rights are Human Rights:Rights:

A human rights approach A human rights approach for homeless children for homeless children

ChildrenChildren’’s Rights are Human s Rights are Human Rights:Rights:

A human rights approach A human rights approach for homeless children for homeless children

NAEHCY Conference

November 15, 2009

NAEHCY Conference

November 15, 2009Eric TarsHuman Rights Program Director/Children & Youth AttorneyPhone: 202-638-2535E-mail: [email protected]: www.nlchp.org wiki.nlchp.org

Why Today?Why Today?

•4.5 million people homeless, 4.5 million people homeless, 1.5 million children1.5 million children•2 million homeless from 2 million homeless from foreclosures in next 2 yearsforeclosures in next 2 years•Wall Street bailoutWall Street bailout•Squeezed budgetsSqueezed budgets

•4.5 million people homeless, 4.5 million people homeless, 1.5 million children1.5 million children•2 million homeless from 2 million homeless from foreclosures in next 2 yearsforeclosures in next 2 years•Wall Street bailoutWall Street bailout•Squeezed budgetsSqueezed budgets

Why Human Rights?Why Human Rights?

“I think it is necessary to realize that we have moved from the era of civil rights to the era of human rights.”

- Martin Luther King, Jr.

“I think it is necessary to realize that we have moved from the era of civil rights to the era of human rights.”

- Martin Luther King, Jr.


Human Rights are based in human dignity.

Human Rights are based in human dignity.


• Human rights are universal and interdependent.• Human rights combine traditional

civil and political rights with economic, social, and cultural rights.• Human rights allow different actors

to see their causes under same umbrella.

• Human rights are universal and interdependent.• Human rights combine traditional

civil and political rights with economic, social, and cultural rights.• Human rights allow different actors

to see their causes under same umbrella.

Setting the stageSetting the stage

• International human rights framework for housing and education for children– Origins– Treaties– Specific standards

• Using human rights in the U.S.

• Challenges & Opportunities

• International human rights framework for housing and education for children– Origins– Treaties– Specific standards

• Using human rights in the U.S.

• Challenges & Opportunities

Origins of Human RightsOrigins of Human Rights

We have adopted a second Bill of Rights among these are …

…the right of every family to a decent home;…

…the right to a good education.

– Franklin Delano Roosevelt, State of the Union Address (1944)

We have adopted a second Bill of Rights among these are …

…the right of every family to a decent home;…

…the right to a good education.

– Franklin Delano Roosevelt, State of the Union Address (1944)

Universal Declaration of Human Rights


Art. 25(1):

Everyone has the right to a standard of living adequate for the health and well-being of himself [/herself] and of his [/her] family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of … circumstances beyond his [or her] control.

Art. 25(1):

Everyone has the right to a standard of living adequate for the health and well-being of himself [/herself] and of his [/her] family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of … circumstances beyond his [or her] control.



Art. 26:

Everyone has the right to education… Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms.”

Art. 26:

Everyone has the right to education… Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms.”

International Covenant on Economic, Social, & Cultural

Rights


RightsArticle 11(1):

The States Parties to the present Covenant recognise the right of everyone to an adequate standard of living for him[/her]self and his [/her] family, including adequate food, clothing and housing and to the continuous improvement of living conditions.

Article 11(1):

The States Parties to the present Covenant recognise the right of everyone to an adequate standard of living for him[/her]self and his [/her] family, including adequate food, clothing and housing and to the continuous improvement of living conditions.


Rights


RightsArticle 13:

…Education shall be directed to the full development of the human personality and the sense of its dignity, and shall strengthen the respect for human rights and fundamental freedoms…

Article 13:

…Education shall be directed to the full development of the human personality and the sense of its dignity, and shall strengthen the respect for human rights and fundamental freedoms…

Convention on the Rights of the Child

Convention on the Rights of the Child

Articles 28-29:

State parties recognize the right of the child to education…directed to the development of the development of the child’s personality, talents and mental and physical abilities to their fullest potential.

Articles 28-29:

State parties recognize the right of the child to education…directed to the development of the development of the child’s personality, talents and mental and physical abilities to their fullest potential.

What do economic & social rights require?

What do economic & social rights require?

• Progressive realization

• Relative standard, dependent on resources

• Non-discriminatory impact & intent

• Respect, protect, fulfill

• Progressive realization

• Relative standard, dependent on resources

• Non-discriminatory impact & intent

• Respect, protect, fulfill

Progressive RealizationProgressive Realization

• 1978 -2006: HUD budget cut by 60%

• NCLB not fully funded

• Recession budget cutbacks

• 1978 -2006: HUD budget cut by 60%

• NCLB not fully funded

• Recession budget cutbacks

Relative to resourcesRelative to resources

• War in Iraq/Afghanistan: $918 billion

• Number of affordable housing units we could have built: 7,057,801.

• Number of elementary school teachers for one year: 14,904,312

• Number of Head Start placements for one year: 125,579,800

• War in Iraq/Afghanistan: $918 billion

• Number of affordable housing units we could have built: 7,057,801.

• Number of elementary school teachers for one year: 14,904,312

• Number of Head Start placements for one year: 125,579,800

Non-discriminationNon-discrimination

• Both intentional and disparate effect• Persistent legacy of racial segregation• Importance of transportation, Title I

funding to homeless students

• Both intentional and disparate effect• Persistent legacy of racial segregation• Importance of transportation, Title I

funding to homeless students

Respect, Protect, FulfillRespect, Protect, Fulfill

• Respect - refrain from interference

• Protect - prevent private interference

• Fulfill - take active steps to ensure

• Respect - refrain from interference

• Protect - prevent private interference

• Fulfill - take active steps to ensure

Elements of the Right to HousingElements of the Right to Housing

• General Comment 4– Legal security of tenure– Services and infrastructure available– Affordability– Habitability– Accessibility– Location (work, school, child care)– Cultural adequacy

• General Comment 4– Legal security of tenure– Services and infrastructure available– Affordability– Habitability– Accessibility– Location (work, school, child care)– Cultural adequacy

Legal Security of TenureLegal Security of Tenure

• Guaranteed legal protection against forced eviction, harassment and other threats.

• Guaranteed legal protection against forced eviction, harassment and other threats.

• 4.5 million people are homeless annually, including 1.5 million children

• Foreclosure crisis• No right to a lawyer

in housing court

• 4.5 million people are homeless annually, including 1.5 million children

• Foreclosure crisis• No right to a lawyer

in housing court

AffordabilityAffordability

• Housing Costs should not compromise other basic needs

• Housing Costs should not compromise other basic needs

• Millions forced to choose between rent or food or medical care

• In no part of US can a minimum wage worker afford a 1 BR apt.

• Millions forced to choose between rent or food or medical care

• In no part of US can a minimum wage worker afford a 1 BR apt.

LocationLocation

• Adequate housing must be in a location which allows access to:– employment options,

– health-care services,

– schools,

– child-care centers

• Adequate housing must be in a location which allows access to:– employment options,

– health-care services,

– schools,

– child-care centers

• Services unavailable in poor, minority neighborhoods

• Services unavailable in poor, minority neighborhoods

Elements of the Right to Education

Elements of the Right to Education

• General Comment 13–Availability–Accessibility–Acceptability–Adaptability

• General Comment 13–Availability–Accessibility–Acceptability–Adaptability

AvailabilityAvailability

• Schools available in sufficient quantity, with sanitation facilities, trained teachers, materials, computer facilities, etc.

• Schools available in sufficient quantity, with sanitation facilities, trained teachers, materials, computer facilities, etc.

• MV - enrollment provisions make schools available

• But often, children turned away without rights

• MV - enrollment provisions make schools available

• But often, children turned away without rights

AccessibilityAccessibility

• Non-discrimination

• Physical accessibility

• Economic accessibility

• Non-discrimination

• Physical accessibility

• Economic accessibility

• MV anti-MV anti-segregationsegregation

• TransportationTransportation

• Supplemental Supplemental servicesservices

• MV anti-MV anti-segregationsegregation

• TransportationTransportation

• Supplemental Supplemental servicesservices

AcceptabilityAcceptability

• Form and substance, including curricula and methods must be relevant, appropriate, and good quality

• Form and substance, including curricula and methods must be relevant, appropriate, and good quality

• MV provides for availability & access, but schools may still be unacceptable

• MV provides for availability & access, but schools may still be unacceptable

AdaptabilityAdaptability

• Education must be flexible to adapt to the needs of communities and students

• Education must be flexible to adapt to the needs of communities and students

• MV “remove barriers to the enrollment and retention of homeless students and youth”

• MV “remove barriers to the enrollment and retention of homeless students and youth”

Human Rights ReviewHuman Rights Review

• American origins, followed by UDHR, ICESCR, and CRC• General Comment 4 • General Comment 13–Availability–Accessibility–Acceptability–Adaptability

• American origins, followed by UDHR, ICESCR, and CRC• General Comment 4 • General Comment 13–Availability–Accessibility–Acceptability–Adaptability

Using Int’l Law in the USUsing Int’l Law in the US

• Challenges– Ratification– RUDs

• Strategy:– Not straight enforcement, but read US law

consistent with international law

• Challenges– Ratification– RUDs

• Strategy:– Not straight enforcement, but read US law

consistent with international law

RatificationRatification

• Signed by President, ratified by 2/3 of Senate

• Art. VI (2) [A]ll Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

• Signed by President, ratified by 2/3 of Senate

• Art. VI (2) [A]ll Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

U.S. Ratified TreatiesU.S. Ratified Treaties

• International Covenant on Civil and Political Rights (ICCPR)

• International Convention on the Elimination of All Forms of Racial Discrimination (ICERD or CERD)

• Convention Against Torture and Other Forms of Cruel, Inhuman, or Degrading Treatment or Punishment (CAT)


• International Convention on the Elimination of All Forms of Racial Discrimination (ICERD or CERD)

• Convention Against Torture and Other Forms of Cruel, Inhuman, or Degrading Treatment or Punishment (CAT)

U.S. Non-Ratified TreatiesU.S. Non-Ratified Treaties

• International Covenant on Economic, Social, and Cultural Rights (ICESCR)

• Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)

• Convention on the Rights of the Child (CRC)• Convention on the Rights of Persons with

Disabilities (CRPD) • International Convention on the Protection of

All Migrant Workers and Members of their Families (Migrant Workers’ Convention)

• International Covenant on Economic, Social, and Cultural Rights (ICESCR)

• Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)

• Convention on the Rights of the Child (CRC)• Convention on the Rights of Persons with

Disabilities (CRPD) • International Convention on the Protection of

All Migrant Workers and Members of their Families (Migrant Workers’ Convention)

Reservations, Understandings, & Declarations

Reservations, Understandings, & Declarations

• Reservations limit scope of treaty - e.g. we know the treaty says no hate speech, but that conflicts with our 1st Amendment.

• Federalism understanding promotes state & local role in treaty implementation

• Non-self-execution declaration means can’t sue directly under treaty

• Reservations limit scope of treaty - e.g. we know the treaty says no hate speech, but that conflicts with our 1st Amendment.

• Federalism understanding promotes state & local role in treaty implementation

• Non-self-execution declaration means can’t sue directly under treaty

Treaty as Interpretive GuideTreaty as Interpretive Guide

• Charming Betsy

Legislation passed following the U.S.’s accession to a treaty should be interpreted to be consistent with that treaty (as supreme law of the land), unless Congress includes a specific directive that the U.S. intends to contravene international law.

See Murray v. The Schooner Charming Betsy, 6 US (2 Cranch) 64 (1804).

• Charming Betsy

Legislation passed following the U.S.’s accession to a treaty should be interpreted to be consistent with that treaty (as supreme law of the land), unless Congress includes a specific directive that the U.S. intends to contravene international law.

See Murray v. The Schooner Charming Betsy, 6 US (2 Cranch) 64 (1804).

Treaty EnforcementTreaty Enforcement


• International Convention on the Elimination of All Forms of Racial Discrimination (ICERD)


• International Convention on the Elimination of All Forms of Racial Discrimination (ICERD)

• Human Rights Committee (HRC)

• Committee on the Elimination of Racial Discrimination (CERD)

• Also Universal Periodic Review (UPR)

• Human Rights Committee (HRC)

• Committee on the Elimination of Racial Discrimination (CERD)

• Also Universal Periodic Review (UPR)

Shadow reportingShadow reporting

• US Reports to Committees• NGOs (social justice organizations) issue

shadow reports• Advocacy in Geneva• Concluding Observations from Committee

• US Reports to Committees• NGOs (social justice organizations) issue

shadow reports• Advocacy in Geneva• Concluding Observations from Committee

HRC Concluding Observation 22HRC Concluding Observation 22

The Committee is concerned by reports The Committee is concerned by reports that some 50 % of homeless people are that some 50 % of homeless people are African American although they African American although they constitute only 12 % of the U.S. constitute only 12 % of the U.S. population. (articles 2 and 26) population. (articles 2 and 26)

The State party should take measures, The State party should take measures, including adequate and adequately including adequate and adequately implemented policies, to ensure the implemented policies, to ensure the cessation of this form of de facto and cessation of this form of de facto and historically generated racial historically generated racial discrimination.discrimination.

The Committee is concerned by reports The Committee is concerned by reports that some 50 % of homeless people are that some 50 % of homeless people are African American although they African American although they constitute only 12 % of the U.S. constitute only 12 % of the U.S. population. (articles 2 and 26) population. (articles 2 and 26)

The State party should take measures, The State party should take measures, including adequate and adequately including adequate and adequately implemented policies, to ensure the implemented policies, to ensure the cessation of this form of de facto and cessation of this form of de facto and historically generated racial historically generated racial discrimination.discrimination.

Human Rights after Katrina

Anti-camping ordinance Human Rights after Katrina

Anti-camping ordinance

• Would have criminalized Would have criminalized sleeping on streetssleeping on streets

• Opposed with Constitutional Opposed with Constitutional argumentsarguments

• Combined with Human Rights Combined with Human Rights Committee and CERD Committee and CERD recommendationsrecommendations

• Would have criminalized Would have criminalized sleeping on streetssleeping on streets

• Opposed with Constitutional Opposed with Constitutional argumentsarguments

• Combined with Human Rights Combined with Human Rights Committee and CERD Committee and CERD recommendationsrecommendations

Human Rights after Katrina

Anti-camping ordinance Human Rights after Katrina

Anti-camping ordinance

Laws criminalizing Laws criminalizing homelessness will certainly homelessness will certainly have a disproportionate have a disproportionate impact on African American impact on African American communities in New Orleans communities in New Orleans and fly in the face of and fly in the face of these recommendations.these recommendations.

Laws criminalizing Laws criminalizing homelessness will certainly homelessness will certainly have a disproportionate have a disproportionate impact on African American impact on African American communities in New Orleans communities in New Orleans and fly in the face of and fly in the face of these recommendations.these recommendations.

Treaty as Interpretive GuideTreaty as Interpretive Guide

……Just over a month ago at the review before the Just over a month ago at the review before the CERD, a representative of the U.S. government CERD, a representative of the U.S. government stated that many agencies of the U.S. government stated that many agencies of the U.S. government ... have responsibilities for implementing the ... have responsibilities for implementing the International Convention on the Elimination of International Convention on the Elimination of Racial Discrimination including the states of the Racial Discrimination including the states of the United States, as well as other governmental United States, as well as other governmental entities such as its cities and counties…entities such as its cities and counties…

-Opening Statement to CERD cited in -Opening Statement to CERD cited in New Orleans Advocacy LetterNew Orleans Advocacy Letter

……Just over a month ago at the review before the Just over a month ago at the review before the CERD, a representative of the U.S. government CERD, a representative of the U.S. government stated that many agencies of the U.S. government stated that many agencies of the U.S. government ... have responsibilities for implementing the ... have responsibilities for implementing the International Convention on the Elimination of International Convention on the Elimination of Racial Discrimination including the states of the Racial Discrimination including the states of the United States, as well as other governmental United States, as well as other governmental entities such as its cities and counties…entities such as its cities and counties…

-Opening Statement to CERD cited in -Opening Statement to CERD cited in New Orleans Advocacy LetterNew Orleans Advocacy Letter

Right to Education AdvocacyRight to Education Advocacy

• National Dignity in Schools CampaignNational Dignity in Schools Campaign• Empowering directly affected victims Empowering directly affected victims to act as own advocatesto act as own advocates

• Create own human rights standardsCreate own human rights standards• Use own human rights opportunities Use own human rights opportunities –Children’s Rights Day - November Children’s Rights Day - November 2020

–Human Rights Day - December 10Human Rights Day - December 10

• National Dignity in Schools CampaignNational Dignity in Schools Campaign• Empowering directly affected victims Empowering directly affected victims to act as own advocatesto act as own advocates

• Create own human rights standardsCreate own human rights standards• Use own human rights opportunities Use own human rights opportunities –Children’s Rights Day - November Children’s Rights Day - November 2020

–Human Rights Day - December 10Human Rights Day - December 10

Other Concluding Observations Other Concluding Observations

• HRC 2006 - Critiqued continued racial HRC 2006 - Critiqued continued racial segregation and lack of active steps to segregation and lack of active steps to remediateremediate

• CERD 2008 - Critiqued continued racial CERD 2008 - Critiqued continued racial segregation and substandard housingsegregation and substandard housing

• Critiqued achievement gap and school-Critiqued achievement gap and school-to-prison pipeline, recommends to-prison pipeline, recommends affirmative action and decreased affirmative action and decreased criminalization of schools.criminalization of schools.

• HRC 2006 - Critiqued continued racial HRC 2006 - Critiqued continued racial segregation and lack of active steps to segregation and lack of active steps to remediateremediate

• CERD 2008 - Critiqued continued racial CERD 2008 - Critiqued continued racial segregation and substandard housingsegregation and substandard housing

• Critiqued achievement gap and school-Critiqued achievement gap and school-to-prison pipeline, recommends to-prison pipeline, recommends affirmative action and decreased affirmative action and decreased criminalization of schools.criminalization of schools.

Using Human Rights in U.S.Using Human Rights in U.S.

• Review–Ratification–RUD’s –Charming Betsy - interpretation

principle –Revolving door of international law

into national law

• Review–Ratification–RUD’s –Charming Betsy - interpretation

principle –Revolving door of international law

into national law

Upcoming OpportunitiesUpcoming Opportunities

• Universal Periodic Review

• H.Res 582 - Children’s Right to Housing

• Other human rights venues

• Universal Periodic Review

• H.Res 582 - Children’s Right to Housing

• Other human rights venues

Housing and Human Rights:The Rising Wave

Housing and Human Rights:The Rising Wave

• Human Rights can contribute to policy, litigation, and community organizing solutions

• Human rights can work at the local, state, and federal level

• Human Rights can contribute to policy, litigation, and community organizing solutions

• Human rights can work at the local, state, and federal level

Discussion & QuestionsDiscussion & Questions

Eric Tars

202-638-2535

[email protected]

www.nlchp.org

wiki.nlchp.org

Eric Tars

202-638-2535

[email protected]

www.nlchp.org

wiki.nlchp.org

children ’ s rights are human rights: a human rights approach for homeless children

Documents

era of human rights

human rights approach

political rights

bill of rights

childrens rights

human personality

human dignity

economic social rights