Keith Mack
Discrimination against the poor is a pressing issue that has gained traction in recent times, with the UN Special Rapporteur on extreme poverty and human rights, Olivier De Schutter, urging governments to take action. The problem is twofold, with both societal attitudes and legal frameworks contributing to the stigmatization and marginalization of individuals experiencing poverty. While the former perpetuates stereotypes and negative perceptions, it is the lack of legal protection that allows for direct discrimination in areas such as employment, housing, and access to services. This results in a cycle of poverty, where those affected are trapped by barriers that prevent them from improving their situation. The criminal justice system, in particular, has been criticized for its role in exacerbating this issue, with practices such as wealth-based bail contributing to mass incarceration of the poor.
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What You'll Learn
Homelessness criminalisation
For example, in the United States, almost every state has laws that ban activities associated with homelessness, such as prohibitions on panhandling, loitering, living in vehicles, or sharing food and water in public spaces. These laws have increased in recent years, with citywide bans on camping, sitting or lying in public, and panhandling on the rise. This has led to an increase in criminalisation and incarceration of homeless individuals, who are often jailed simply for surviving.
In Australia, vagrancy and public order laws have been used to criminalise homelessness since colonisation. Criminal offences like trespass, unlawful camping, loitering, and public nuisance are used to target homeless individuals, along with offences that criminalise survival-related activities such as begging. The enforcement of these laws is often justified as a way to "civilise" and protect the public from the "riskiness" of homeless people. However, research has consistently shown that criminal offending by homeless people is usually survival-related and that they are much more vulnerable to victimisation than the general public.
The criminalisation of homelessness is a complex issue that requires a welfare-oriented rather than a punitive approach. It is essential to recognise that homelessness is often a result of a lack of affordable housing and that criminalising homelessness does not solve the underlying problem. Instead, it creates additional barriers and increases costs for individuals and society as a whole. Furthermore, it perpetuates a cycle of poverty and discrimination against those experiencing homelessness or poverty, making it even more difficult for them to access essential services and improve their situation.
To address homelessness criminalisation, it is necessary to advocate for legal and systemic changes that protect the human rights of individuals experiencing homelessness and poverty. This includes amending laws to prohibit discrimination based on social condition, income level, and housing status. Additionally, implementing compassionate and therapeutic approaches to policing and sentencing, as well as providing access to affordable housing and services, can help reduce homelessness and improve the lives of those affected.
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Housing discrimination
The Department of Housing and Urban Development (HUD) is responsible for administering and enforcing the Fair Housing Act. Individuals who believe they have experienced housing discrimination can file a complaint with HUD or pursue legal action in federal or state court. HUD's website provides information on how to file a fair housing complaint. Additionally, the Fair Housing Assistance Program and the Fair Housing Initiatives program were established to support public agencies and fair housing agencies in addressing discrimination complaints and promoting fair housing practices.
It is important to note that certain exemptions exist, such as for owner-occupied buildings with fewer than four rental units and housing operated by religious organisations or private clubs for their members. However, even in these cases, discrimination based on protected characteristics is still prohibited. Additionally, while gender discrimination is prohibited, certain exceptions exist for discrimination based on sex, religion, or familial status.
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Employment discrimination
The Rehabilitation Act of 1973, specifically Sections 501 and 505, prohibits discrimination against individuals with disabilities, particularly in federal agencies and among federal contractors. The Americans with Disabilities Act (ADA) further bolsters these protections, ensuring equal opportunities in employment, transportation, public accommodations, and government services. The ADA prohibits discrimination in all employment-related activities, including hiring, pay, benefits, firing, and promotions.
Beyond these federal laws, the Equal Pay Act prohibits gender-based wage discrimination, ensuring that men and women receive equal pay for equal work. Furthermore, employees are protected from retaliation for exercising their rights, such as filing a complaint or participating in an investigation of an EEO complaint. This protection extends to individuals who have complained about discrimination or participated in a discrimination investigation.
To ensure compliance, courts scrutinize hiring criteria and practices to prevent discrimination against applicants. Employers are advised to review their policies and avoid certain topics during the application and interview processes, as some state laws prohibit inquiries related to protected characteristics. Overall, these laws provide a comprehensive framework to promote fairness and equal opportunities in the workplace, protecting individuals from unlawful discrimination and ensuring just treatment in all aspects of employment.
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Negative stereotyping
One common stereotype is the assumption that individuals experiencing poverty are "language-poor", which can negatively impact the assessment of low-income students' performance in education. This stereotype is based on the notion that children from low-income families have a smaller vocabulary or less complex language skills due to a perceived lack of interest in education or inferior language capabilities. This can lead to low expectations and unfair evaluations by teachers, affecting students' academic outcomes.
Another stereotype is that of the "bad parent", which suggests that parents experiencing poverty are less committed to the well-being of their children compared to middle-class parents. This stereotype can lead to negative judgments and treatment of low-income families, impacting their access to resources and opportunities that could improve their economic situation.
Additionally, there is a stigma associated with individuals receiving social assistance or experiencing homelessness and underemployment. They are often viewed as the "undeserving poor", which creates barriers to employment, education, and healthcare, perpetuating their poverty. The criminal legal system in countries like the United States further punishes people for being poor, with laws that criminalize homelessness and minor offenses, resulting in mass incarceration of individuals who cannot afford bail or fines.
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Wealth-based discrimination
In the legal context, wealth-based discrimination is evident in the criminal justice system, where individuals who cannot afford bail or legal fees may face harsher consequences compared to those with financial resources. For example, a person may be kept in jail before their trial simply because they cannot afford bail, while someone with financial means may secure their freedom. This creates a two-tiered system that disproportionately affects the poor. Additionally, laws that criminalize activities associated with homelessness, such as panhandling, loitering, or sleeping in public spaces, further contribute to wealth-based discrimination. These laws disproportionately target individuals experiencing homelessness, who often have no other choice but to engage in such activities to survive.
While there have been some legal challenges to address wealth-based discrimination, such as the Griffin decision, which held that a state could not discriminate against an indigent convicted criminal defendant, the overall response has been inadequate. In many cases, the Supreme Court has treated poverty-based discrimination claims as social and economic regulations rather than violations of equal protection rights. However, there are ongoing efforts to strengthen anti-discrimination laws and amend human rights codes to explicitly include protection against discrimination based on social condition, including income and employment status.
To effectively address wealth-based discrimination, it is essential to recognize the systemic nature of the problem and implement policies that promote equal opportunities for all, regardless of financial status. This includes improving access to education, employment, and housing, as well as providing the necessary tools and resources for individuals to break free from the cycle of poverty.
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Frequently asked questions
Povertyism is a term used to describe the harmful attitudes and behaviours towards poor people. This includes discrimination against people simply because they live on low incomes, or because they are unhoused, underemployed, or unable to afford basic needs.
Povertyism is evident in the criminal justice system, where people are incarcerated due to their inability to pay fines, fees, or bail. It also exists in housing, where eligibility for public housing is restricted if the applicant has a criminal record or is unemployed. People experiencing poverty are also at greater risk of being arrested and incarcerated for minor offences.
People living in poverty face barriers to employment due to the stigma attached to their socioeconomic status. They may be refused jobs, denied services, or face negative evaluations from employers. This further perpetuates the cycle of poverty, as stable employment is key to escaping it.
While international human rights laws recognize various forms of discrimination, such as the Equality Act 2010 in the UK, poverty or socioeconomic status is often not included as a protected characteristic. However, there are efforts to change this, such as proposed amendments to the Ontario Human Rights Code, which would make it illegal to discriminate based on social condition.
To combat povertyism, UN rights experts and special rapporteurs urge governments to review and amend anti-discrimination laws to include socioeconomic status as a protected ground. This includes recognizing that poverty is a failure of systems and challenging societal values that perpetuate discrimination against vulnerable groups. Additionally, creating affordable housing and services has proven to be a more effective solution than criminalizing homelessness.
