| |
NLCHP News: Five Fundamentals Campaign, Voting Rights Report Released, and Victory for Children's Education
 |
A publication of the National Law Center on Homelessness & Poverty |
 |
| Lawyers Working to End Homelessness |
Vol. 7, No. 7 |
|
|
|
From Maria's Desk |
 |
As the elections approach, we are gearing up to put
homelessness on the agenda-at all levels of
government. We are focusing not only on the
Presidential election, but also on the Congressional
and local elections. We invite your participation and
involvement!
On July 17, at 3:30 pm ET, national advocates will
officially launch our joint Five Fundamentals
Campaign to End & Prevent Homelessness. We've
created a toolkit that you can use in your community at
whatever level you wish. We are asking candidates to
pledge to end and prevent homelessness by
endorsing the five fundamentals and making them a
top priority if elected. Details for joining the national
conference call launching the campaign are below.
We're also planning activities at both national
conventions. On August 24, a breakfast will be held for
delegates to the Democratic convention to educate
them about homelessness and policies to end and
prevent it. The event is organized by Mayor John
Hickenlooper of Denver and the National Alliance to
End Homelessness, with the support and
participation of NLCHP and other national advocates.
It is essential that we get as many delegates involved
as possible! Please help by getting the word out to
your contacts. Educational events at the Republican
national convention may also be held. Watch our websit
e for more details in the coming weeks.
Events to register homeless people to vote are also
planned for both conventions, sponsored by local
advocates with support from the National Coalition for
the Homeless, NLCHP and others. More information
is available here.
Please let us know of your efforts in your
communities! Thanks for your work.
Maria Foscarinis
Executive Director

|
|
LAUNCH of the "FIVE FUNDAMENTALS CAMPAIGN" : A Challenge to Candidates for Public Office to Pledge to End Homelessness |
 |
Advocates and service providers concerned with
homelessness and poverty are invited to a conference
call for the launch of the "Five Fundamentals
Campaign." The campaign, organized by an assembly
of national organizations concerned with
homelessness, challenges candidates for public
offices at all levels and branches of government to
pledge to include, if elected, the prevention of and end
to homelessness among their public policy priorities.
The phone call will review the purpose of the
campaign, discuss campaign objectives, and
introduce participants to the materials contained in a
campaign tool kit. The tool kit will be available next
week at http://www.na
tionalhomeless.org/.
The call will take place Thursday, July 17, 2008, 3:00
PM eastern time,
DIAL-IN 866 878 4191, Code 1010942. For more
information about the campaign or the call, please
contact Andrew Malloy at
amalloy@nationalhomeless.org or 202.462.4822.
|
|
NLCHP Releases Voting Rights Report |
 |
With the assistance of the law firm of Hogan &
Hartson, the National Law Center on Homelessness
& Poverty (NLCHP) just released its third report on
protecting and promoting voting rights for homeless
persons. While homeless people cannot be denied
the right to vote just because they do not have a home,
state and federal laws make it difficult for homeless
people to exercise this important right. Some of the
biggest barriers homeless people face when
registering or voting are mailing address
requirements, durational residency requirements,
identification requirements, and getting to the polls on
Election Day.
NLCHP's report documents some of the barriers
people experiencing homelessness face when
attempting to register and vote and provides guidance
on how to overcome those barriers. The report also
contains a state-by-state listing of voting laws that
impact homeless people.
"We hope that our report can serve as a useful tool for
homeless persons and advocates alike to ensure that
homeless persons' voices are heard on Election Day,"
said Tulin Ozdeger, Civil Rights Director at NLCHP.
The report is available on the publications
section of the NLCHP web site. On July 8, 2008,
NLCHP conducted an audio training on voting rights
for homeless persons. Materials used during that training are
also available on the NLCHP web site.

|
|
Settlement Protects Homeless Children's Right to Education in Baltimore |
 |
On June 13, 2008, a federal district judge in Baltimore
City approved a class action settlement brought on
behalf of homeless students against the Baltimore
County Board of Education and its Superintendent in
Peterson v. Board of Education, Baltimore County, Civ.
No. 1-06-cv-1067. Plaintiffs were represented by
NLCHP partner the Public Justice
Center, Inc., a non-profit legal organization that
represents poor people and victims of discrimination
in a variety of areas, including homeless children's
education under the McKinney-Vento Homeless
Assistance Act.
The lawsuit was filed in April 2006, on behalf of
several mothers and their children who had been
residents at numerous homeless shelters in
Baltimore County. Plaintiffs encountered a variety of
barriers to their children's education in violation of
McKinney-Vento: some of the homeless students had
never been identified; others had serious difficulty
obtaining adequate or reliable transportation to their
schools of origin and then felt pressured to transfer to
the local school, against the child's best interest.
Moreover, Plaintiffs' counsel identified a number of
problems with the school system's policies and
procedures, and pressed for changes to forms and
policies to better identify and serve homeless
students.
Although the parties negotiated the case for two years,
the school system had agreed to implement major
changes - including an agreement that transportation
to the school of origin will be arranged within 4 days of
the date the student is identified as homeless - within
months of the filing. Plaintiffs will be monitoring the
settlement agreement for two years and are set to
receive the first round of compliance data at the
conclusion of the fall 2008 semester.
Text of the complaint, settlement, and other related
documents are available here on NLCHP's wiki site, still in its beta
version.
-Sally Dworak-Fisher of the Public Justice Center,
who litigated the Peterson case, contributed this
article. Thanks, Sally!

|
|
Sex Offender Registration Laws for Homeless People |
 |
The National Law Center on Homelessness & Poverty
recently signed on to an amicus (friend of the court)
brief filed in the Georgia Supreme Court to help draw
attention to problems with a portion of Georgia's sex
offender registration law that requires former sex
offenders to register their address with authorities but
does not allow such persons to register as homeless.
The law subjects people to additional penalties for
failing to register their address, but many jurisdictions
in Georgia will not accept an outside location - or in
some cases even a shelter address - as the person's
address under the registration law, thus subjecting
individuals to additional punishment solely on the
basis of their homelessness.
In the brief, NLCHP joined the Southern Center for
Human Rights, the Georgia Task Force for the
Homeless, and the Metro Atlanta Task Force for the
Homeless in arguing that the challenged portion
of the law, O.C.G.A. ยง 42-1-12(a)(1), violates
individuals' rights because (1) it is unconstitutionally
vague in that it fails to provide homeless citizens with
adequate notice of what is an acceptable "address"
under the statute; (2) the statute mentions nothing
about an intent requirement despite imposing
substantial criminal penalties, in violation of the Due
Process Clause, and (3) it punishes homeless
people on the basis of their "status" as homeless in
violation of the United States and Georgia
Constitutions' prohibition against punishment on the
basis of status.

|
|
Treaty Body Adds Appendage: Victims Seeking Economic Justice Can Now Be Heard |
 |
This summer, NLCHP and fellow human rights
advocates have good reason to celebrate. On June
18, 2008 the United Nations Human Rights Council
approved an Optional Protocol to the International
Covenant on Economic, Social and Cultural Rights
(OP-ICESCR). Optional protocols delineate how a
treaty body or committee listens to individual victims of
human rights violations and addresses their
concerns. Most major human rights treaties have
optional protocols in place. Yet, victims under this
treaty had no such mechanism. A treaty body existed
that could hear general country reports, but it was
missing something crucial: an ear for the victim. Now
individuals, including those suffering from inadequate
housing or forced evictions, have an ally who can
listen.
Under the OP-ICESCR the U.N. Committee on
Economic, Social and Cultural Rights has the
authority to "receive and consider communications set
forth" in the treaty. The Committee will be able to
provide "interim measures" for a State Party's "urgent
consideration." In other words, the Committee will
listen to and vocalize the concerns of individuals to
their government, recommend active steps to
ameliorate the problem and if necessary, request a
visit to the area for observation. The OP-ICESCR also
requires that victims communicating with the
Committee not be subjected to "ill-treatment or
intimidation" for seeking assistance. The OP-ICESCR
must be approved by the General Assembly and
ratified by 10 states before it goes into force.
Although the United States has not yet ratified the
underlying ICESCR, it is a signatory, meaning that its
domestic practices and policies may not contravene
the treaty's overall purpose. Regardless, the cases
brought to the ESCR Committee from other countries
will be useful in demonstrating a growing desire and
feasibility in enforcing affirmative duties on
governments, including a right to housing. NLCHP
welcomes the Optional Protocol, knowing that a new
wave of international discussion and jurisprudence on
the right to housing is at hand.
For more information visit:
OP-
IESCR Coalition
Center on Housing Rights and
Evictions
U.N. Press Release

|
|
NLCHP Receives Grant from the US Human Rights Fund |
 |
A special thanks to the US Human Rights Fund!
NLCHP has received a $100,000 program grant over
two years from the US Human Rights Fund. This grant
will support our work training and supporting
advocates and attorneys working to end and prevent
homelessness, educating policy makers, and
increasing public awareness of the human right to
housing.
|
|
NLCHP Admitted as Beneficiary to the 2008 Combined Federal Campaign |
 |
NLCHP has been admitted to the 2008 Combined
Federal Campaign (CFC) as a member of Human &
Civil Rights Organizations of America. The CFC allows
federal employees to designate charitable donations
to member organizations. The 2008 CFC will kick off
around the country in September. Visit http://ww
w.hcr.org/members_cfc.html for a complete
listing of members participating in the 2008 CFC.
|
|
Upcoming Audio Trainings |
 |
Over the next year, NLCHP will be hosting a series of
audio trainings on all of our programs, leading up to a
National Conference in early 2009.
Accessing Federal Nutrition Programs to Assist
Children in Shelter: July 31, 2008 2:00-3:00
EST
During this session we will discuss our research
findings on the Child and Adult Care Food Program.
We will also provide information on how domestic
violence and emergency shelters can better access
this vital safety net program.
Register for upcoming
trainings here - Stay tuned for a full schedule and
details!
|
|
Correction |
 |
Last month's article on the visit of the Special
Rapporteur on Racism omitted Miami as one of his
destinations. NLCHP regrets the error. An article on
the visit to Miami will appear in next month's issue of
In Just Times.
| Quick Links... |
 |
|
NLCHP is a 501(c)(3) organization. Visit our website at www.nlchp.org! Contact us at (202) 638-2535 or email us at
nlchp@nlchp.org
|
 |
 |
Forward email
|
|
|
NLCHP | 1411 K Street, NW, Suite 1400 | Washington | DC | 20005
|
|
| |