4/22/2024

Supreme Court will weigh banning homeless people from sleeping outside

The Supreme Court will consider Monday whether banning homeless people from sleeping outside when shelter space is lacking amounts to cruel and unusual punishment. The case is considered the most significant to come before the high court in decades on homelessness, which has reached record levels in the United States. In California and other Western states, courts have ruled that it’s unconstitutional to fine and arrest people sleeping in homeless encampments if shelter space is lacking. A cross-section of Democratic and Republican officials contend that makes it difficult for them to manage encampments, which can have dangerous and unsanitary living conditions. But hundreds of advocacy groups argue that allowing cities to punish people who need a place to sleep will criminalize homelessness and ultimately make the crisis worse as the cost of housing increases. Dozens of demonstrators gathered outside the court Monday morning with silver thermal blankets and signs like “housing not handcuffs.” The Justice Department has also weighed in. It argues people shouldn’t be punished just for sleeping outside, but only if there’s a determination they truly have nowhere else to go. The case comes from the rural Oregon town of Grants Pass, which started fining people $295 for sleeping outside to manage homeless encampments that sprung up in the city’s public parks as the cost of housing escalated. The measure was largely struck down by the San Francisco-based 9th Circuit Court of Appeals, which also found in 2018 that such bans violated the Eighth Amendment by punishing people for something they don’t have control over. The 9th Circuit oversees nine Western states, including California, which is home to about one-third of the nation’s homeless population. The case comes after homelessness in the United States grew a dramatic 12%, to its highest reported level as soaring rents and a decline in coronavirus pandemic assistance combined to put housing out of reach for more Americans, according to federal data. The court is expected to decide the case by the end of June.

4/12/2024

Top Europe rights court condemns Switzerland in landmark climate ruling

Europe’s highest human rights court ruled Tuesday that countries must better protect their people from the consequences of climate change, siding with a group of older Swiss women against their government in a landmark ruling that could have implications across the continent. The European Court of Human Rights rejected two other, similar cases on procedural grounds — a high-profile one brought by Portuguese young people and another by a French mayor that sought to force governments to reduce greenhouse gas emissions. But the Swiss case, nonetheless, sets a legal precedent in the Council of Europe’s 46 member states against which future lawsuits will be judged. “This is a turning point,” said Corina Heri, an expert in climate change litigation at the University of Zurich. Although activists have had success with lawsuits in domestic proceedings, this was the first time an international court ruled on climate change — and the first decision confirming that countries have an obligation to protect people from its effects, according to Heri. She said it would open the door to more legal challenges in the countries that are members of the Council of Europe, which includes the 27 EU nations as well as many others from Britain to Turkey. The Swiss ruling softened the blow for those who lost Tuesday. “The most important thing is that the court has said in the Swiss women’s case that governments must cut their emissions more to protect human rights,” said 19-year-od Sofia Oliveira, one of the Portuguese plaintiffs. “Their win is a win for us, too, and a win for everyone!” The court — which is unrelated to the European Union — ruled that Switzerland “had failed to comply with its duties” to combat climate change and meet emissions targets.

4/08/2024

Mexico breaks diplomatic ties with Ecuador after embassy raid

The Mexican president has quickly moved to break off diplomatic ties with Ecuador after police broke into the Mexican Embassy to arrest a former vice president who had sought political asylum there after being indicted on corruption charges. In an extraordinarily unusual move, Ecuadorian police forced their way into the embassy in the capital, Quito, to arrest Jorge Glas, who had been residing there since December. Police broke through the external doors of the Mexican diplomatic headquarters in the Ecuadorian capital and entered the main patio to get Glas. On Saturday, he was taken from the attorney general’s office to a detention facility in an armored vehicle followed by a convoy of military and police vehicles. People who had gathered outside the prosecutor’s office yelled “strength” as the vehicles began to move. The raid prompted Mexico’s President Andrés Manuel López Obrador to announce the break of diplomatic relations with Ecuador Friday evening. Glas has been convicted on bribery and corruption charges. Ecuadorian authorities are still investigating more allegations against him. “This is not possible. It cannot be. This is crazy,” Roberto Canseco, head of the Mexican consular section in Quito, told local press while standing outside the embassy. “I am very worried because they could kill him. There is no basis to do this. This is totally outside the norm.” Defending its decision, Ecuador’s presidency said in a statement: “Ecuador is a sovereign nation and we are not going to allow any criminal to stay free.” López Obrador fired back, calling Glas’ detention an “authoritarian act” and “a flagrant violation of international law and the sovereignty of Mexico.” Alicia Bárcena, Mexico’s secretary of foreign relations, posted on the social platform X that a number of diplomats suffered injuries during the break-in, adding that it violated the Vienna Convention on Diplomatic Relations. Diplomatic premises are considered “inviolable” under the Vienna treaties and local law enforcement agencies are not allowed to enter without the permission of the ambassador. WikiLeaks founder Julian Assange lived inside the Ecuadorian Embassy in London for seven years because British police could not enter to arrest him. Bárcena said that Mexico would take the case to the International Court of Justice “to denounce Ecuador’s responsibility for violations of international law.” She also said Mexican diplomats were only waiting for the Ecuadorian government to offer the necessary guarantees for their return home. Ecuador’s Foreign Ministry and Ecuador’s Ministry of the Interior did not immediately respond to a request for comment.