Bern's homeless shelters are now requiring identification for overnight stays, a new policy that significantly impacts individuals without legal residency. This decision has sparked debate regarding the city's approach to supporting vulnerable populations, particularly those without papers, known as Sans-Papiers.
Key Takeaways
- Bern now requires identification for homeless shelter access, affecting Sans-Papiers.
- Estimates suggest over half of Bern's homeless population lacks legal residency.
- Experts warn the policy exacerbates the already precarious lives of undocumented individuals.
- The debate centers on human rights versus legal residency requirements.
- Notschlafstellen are considered the last safety net, especially during harsh winters.
New Rules Impact Vulnerable Individuals
The recent policy change in Bern mandates that individuals seeking overnight shelter must present official identification. This directly affects Sans-Papiers, who often cannot provide such documentation. Jörg Dittmann, head of the Institute for Social Planning, Organizational Change, and Urban Development at the FHNW University of Applied Sciences and Arts, highlights the severe consequences.
"This decision hits people hard who are without a residence permit and also without shelter. These individuals rely on the help of the city and canton. Therefore, it is a significant tightening of their already precarious living situation," Dittmann stated.
Homeless shelters serve as a critical resource, particularly during the colder months. Without access, individuals are forced to sleep outdoors, facing considerable risks from cold and wet conditions. These shelters represent the last line of defense for many.
Key Statistic
More than 50% of Bern's homeless population is estimated to be without legal residency documents.
Legal and Ethical Dilemmas Emerge
The shelters themselves are navigating a complex legal landscape. Some facilities are invoking Article 12 of the Federal Constitution, which guarantees the right to assistance in emergencies, arguing they are obligated to admit people in need regardless of their legal status. This stance directly challenges the canton's directives.
The Federal Constitution's Article 12 states: "Persons in need and incapable of providing for themselves have the right to assistance and care, and to the means necessary for a decent life."
Background on Sans-Papiers
Sans-Papiers are individuals residing in a country without legal authorization. They often face significant barriers to accessing public services, employment, and housing, making them one of the most vulnerable groups in society.
Dittmann describes this as a difficult legal question. On one side, there is the argument based on human rights, asserting that every person has a right to shelter. On the other side, the argument focuses on the legal status of individuals who are not authorized to be in the country. This fundamental disagreement is playing out with real-world consequences for those in dire need.
Canton's Rationale and Calls for Alternatives
The Canton of Bern maintains that shelters must remain accessible for those legally residing in the country. This position prioritizes citizens and legal residents, creating a challenging situation for undocumented individuals.
Critics, including Dittmann, argue that this approach fails to address the underlying issue of homelessness among Sans-Papiers. He emphasizes the need for solutions that do not solely focus on exclusion. Excluding individuals from shelters does not resolve their situation; it merely pushes them further into the margins.
"It requires considerations on how people who are here illegally can also find safe and dignified shelter. Everyone has a duty here," Dittmann urged.
The current policy, he warns, entrenches the illegal status of these individuals and removes an opportunity for the state to engage with them, offering advice on their situation and realistic future prospects. A more holistic approach is necessary, one that acknowledges the human element of the crisis.
The Broader Impact of Exclusion
- Health Risks: Sleeping outdoors increases vulnerability to illness, particularly during winter.
- Safety Concerns: Undocumented individuals become more susceptible to exploitation and crime.
- Loss of Connection: Disconnecting from support services makes it harder for individuals to improve their circumstances.
- Humanitarian Concerns: The policy raises questions about Switzerland's commitment to basic human rights for all.
Addressing this complex issue requires a balanced approach that considers both legal frameworks and humanitarian principles. The ongoing debate in Bern highlights a critical challenge faced by many cities globally: how to support all vulnerable populations while upholding national laws.