The criminalization of homelessness, specifically the use of encampments, is a pervasive issue across the United States. Several cities nationwide are banning homeless individuals from using encampments in public spaces. Consequently, homeless persons are only given two options: violate the law and risk being punished or sleep outside without any comfort, warmth, or protection.
In April 2024, the Supreme Court of the United States heard City of Grants Pass v. Johnson to decide whether the Eighth Amendment makes it unconstitutional for states and local authorities to enforce laws prohibiting homeless individuals from using encampments.
Currently, under international and domestic law, the United States is failing to protect its homeless population’s human rights, specifically their right to be free from cruel and unusual punishment. Thus, this article illustrates several state ordinances criminalizing the homeless population’s use of encampments and proposes an international framework within an Eighth Amendment analysis.
