Clifton, Helen (2025) Legal, Financial, Physical and Structural: A Socio-Legal Analysis of the Reasons Why Disabled People are More Likely to Experience Homelessness. York Law Review, 6.
Abstract
This paper seeks to identify the barriers impeding Disabled people’s access to safe and secure housing, and to evaluate the extent to which UK law and government policy mitigates their harm. To provide context, the author revisits the atrocities experienced by Disabled people during the Second World War and the international measures taken in the aftermath of that war. The paper briefly reviews the evolution of the medical and social models of disability, considering how they inform domestic and international legal instruments. The discussion then turns to financial barriers facing Disabled people including additional costs, low employment and the scarcity of accessible housing. The paper explores the impact of welfare reform to the financial support available to Disabled people and the challenges when invoking the reasonable adjustment duty. Subsequently the focus turns to hidden disabilities: the prevalence of comorbidity; the debate surrounding the inclusion of substance dependency as a mental illness; and the unique challenges facing those with dual diagnosis. The paper will then evaluate key government approaches to homelessness since 1990, their economic and political context and the extent to which they have addressed homelessness. To conclude, the author will challenge the assumption that homelessness is the scourge of individuals who society has a moral duty to assist. They will argue instead that homelessness is a symptom of structural inequality and it is in addressing these harms that homelessness can be prevented for the most part and individuals’ economic, social and cultural human rights can be realised.
Metadata
Item Type: | Article |
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Authors/Creators: |
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Dates: |
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Institution: | The University of York |
Academic Units: | The University of York > Faculty of Social Sciences (York) > The York Law School |
Depositing User: | Repository Administrator York |
Date Deposited: | 10 Sep 2025 14:49 |
Last Modified: | 10 Sep 2025 15:29 |
Status: | Published |
Publisher: | University of York |
Identification Number: | 10.15124/yao-t5jc-9268 |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:231439 |