Homeless beg to differ

Begging is a human right and beggars are human beings not ‘‘stray animals’’, advocates say.

Public Defence Service lawyer Alan Cressey said a bylaw banning begging would be unenforceable as it would breach the Bill of Rights.

‘‘To deny a person the right to ask others for help is the most fundamental breach of freedom of expression possible.’’

Begging was an important form of political expression as it raised awareness about poverty, addiction and mental health problems in our society, he said.

‘‘Don’t drive it underground. The fact that it’s visual is actually helpful for change.’’

The comments come after renewed calls from the Christchurch Central City Business Association to clear the CBD’s streets of beggars.

Christchurch City Mission chief executive Matthew Mark also warned the public not to give money to beggars, most of whom he said were not homeless and ‘‘made a jolly good living out of it’’.

Cressey made the case earlier this year that the Napier City Council was breaching three beggars’ fundamental freedom of expression. The council and police had brought charges against them under a council bylaw. The charges were eventually dropped and, to Cressey’s knowledge, the Napier bylaw had never been enforced.

The validity of similar bylaws had

"Beggars are not stray animals and they have as much of a right to be in the city as the rest of us." Christchurch Social Equity & Wellbeing Network executive officer Sharon Torstonson

been challenged overseas and found to be in breach of the constitutional right to freedom of expression and of the Universal Declaration of Human Rights.

He said existing laws could deal with aggressive begging or people blocking entranceways.

Cressey said it was often shopkeepers who caused trouble when they demanded beggars move and then filmed their reaction with their phone.

‘‘It’s actually the shopkeeper causing the disorder and it’s the beggar that gets arrested for it. That’s what we’re seeing in Napier,’’ he said. ‘‘Anyone’s allowed to be in a public space. Shopkeepers can’t demand beggars move out of a public space.’’

He said some beggars were not homeless but all had underlying issues including mental health, addiction and poverty.

‘‘Some of them have a house, own a cars or are on the benefit but they’re begging to afford to live.’’

Christchurch Social Equity & Wellbeing Network executive officer Sharon Torstonson said the city was for everyone, including homeless people and beggars.

‘‘I think it’s sad when we see a city as only belonging to nice, tidy people like us.

‘‘Beggars are not stray animals and they have as much of a right to be in the city as the rest of us.’’

There were ‘‘no little kids growing up with an ambition to be on the streets’’ begging. ‘‘It’s not an ambition in life. That’s what life does to them.’’

Some people used drugs and alcohol to ‘‘deal with pain’’.

‘‘If that’s what’s kind of helping them with the pain in their life then I’m prepared to let them make that choice. Other people would rather give money to the agencies helping them and that’s a valid choice too,’’ she said.

Anglican Advocacy Reverend Jolyon White said people ended up in the street for ‘‘complex reasons’’.

‘‘If you want a simple solution like ‘all beggars are druggies’ then try Netflix, not real life.’’

He advised people to give money to beggars if they wanted to, as well as donating to a charity such as the City Mission.

Trying to ban beggars or simply ignoring them was unhelpful, he said.

‘‘Talking to people humanises them and helps you understand that homeless people are no more of a homogeneous group than other groups of people.’’

Society could not rely on charity and social services to fix the issue, as the sector did not have the resources to do so, he said.