Da Mihi Elimo Sinam Propter Amorem Dei. The Double-edged ECtHR Lăcătuş Judgment on Criminalisation of Begging

S Ganty, Da Mihi Elimo Sinam Propter Amorem Dei. The Double-edged ECtHR Lăcătuş Judgment on Criminalisation of Begging, European Convention on Human Rights Law Review (Forthcoming)

20 Pages Posted: 18 Nov 2021

See all articles by Sarah Ganty

Sarah Ganty

Yale Law School; Central European University; Ghent University-Universiteit Gent, Faculty of Law, Students; Université Saint Louis Bruxelles

Date Written: November 15, 2021

Abstract

The numerous laws aiming at suppressing and prohibiting begging and vagrancy have followed one on top of the other through time to the present, raising important concerns in light of fundamental rights. However, it is only very recently that the question of the criminalisation of beggars appeared for the first time before the European Court of Human Rights in the Lăcătuş case. In this note, I argue that despite the fact that the Lăcătuş judgment will have far-reaching consequences for how poor people are protected under fundamental rights, it leaves open important questions regarding the rights of beggars not only as regards what it ambiguously ruled under the right to private and family life, but also as regards what it refused to examine under the freedom of expression and the prohibition of discrimination.

Keywords: begging, criminalisation of poverty, right to private and family life, freedom of expression, discrimination, vulnerability

Suggested Citation

Ganty, Sarah, Da Mihi Elimo Sinam Propter Amorem Dei. The Double-edged ECtHR Lăcătuş Judgment on Criminalisation of Begging (November 15, 2021). S Ganty, Da Mihi Elimo Sinam Propter Amorem Dei. The Double-edged ECtHR Lăcătuş Judgment on Criminalisation of Begging, European Convention on Human Rights Law Review (Forthcoming), Available at SSRN: https://ssrn.com/abstract=3964048

Sarah Ganty (Contact Author)

Yale Law School ( email )

127 Wall Street
New Haven, CT 06511
United States

Central European University ( email )

Hungary

Ghent University-Universiteit Gent, Faculty of Law, Students ( email )

Universiteitstraat 4
Ghent
Belgium

Université Saint Louis Bruxelles ( email )

Brussels
Belgium

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
39
Abstract Views
138
PlumX Metrics