Law on Homeless Individuals and Families Now Regulated

Decree No. 183/2023, published in the Official Gazette on April 5, 2023, regulates Law No. 27654 on Homeless Individuals and Families, which had been published on December 9, 2021. This law aimed at comprehensively guaranteeing human rights of homeless individuals and of those at risk of becoming homeless in Argentina.

The Decree defines “homeless individuals” as “those who, regardless of their social class or condition, gender, age, ethnic origin, nationality, migratory situation, religion, health condition, or any other, live in the streets or public spaces, permanently or temporarily, using or not private or state social aid services for night lodging”.

Further, the Decree considers “at risk of becoming homeless” those individuals:    

1. living in public or private medical, aid, penitentiary, etc. facilities, when they must leave such facilities by a certain date and they do not have housing at the time of leaving,
2. duty notified of an imminent eviction, an administrative decision, or a definite court sentence ordering the eviction but without means to afford housing,
3. living in temporary, precarious, or overcrowded settlements with no access to essential public services in such way that it affects their psycho-physical integrity, as long as these settlements do noy qualify as poor neighborhoods according to Law No. 27453.    

The Law establishes rights and guarantees for such individuals, considering their situation of homelessness and their risk of becoming homeless as situations of extreme social vulnerability restricting the exercise of fundamental rights such as:

1. personal dignity and physical integrity.
2. personal identity,
3. access to and use of services, infrastructure, and public spaces,
4. full access to social aid, health, and labor support services,
5. access to appropriate housing.  

The provisions in this law are of public order and in force throughout Argentina. The application authority is the Ministry of Social Development.

The Decree No. 183/2023 establishes that social organizations and public institutions and bodies will form a work roundtable to work as a network of social aid services.

Further, the Decree establishes that:

1. The Argentine Directorate of the National Registry of Persons and the Argentine Migrations Registry will promote policies facilitating homeless individuals or individuals at risk of homelessness prompt access to an ID through the “Programa Identificar” [Identify Program].
2. The application authority will draft a procedural protocol for security forces to treat homeless individuals or individuals at risk of homelessness. The protocol contemplates that if children and teenagers are involved, their jurisdiction of origin must not discriminate them.
3. Security forces faced with a situation of actual and imminent risk for an individual or for third parties arising from an alleged mental illness must intervene to avoid damages and call the emergency services immediately.
4. The National Protocol for Early Notice of Single and Family House Eviction in Registered Renting Regimes, approved by Resolution No. 5/2021 issued by the Ministry of Territorial Development and Habitat, and the immediate attention protocols for eviction of individuals in situations of extreme vulnerability will be applicable to individuals at risk of homeless. 
5. The application authority must coordinate with other competent entities the development of aid, health, and support services with a comprehensive and progressive perspective that promotes inclusion, work training, and completion of education.
6. The Ministry of Territorial Development and Habitat –together with the provinces, municipalities, and the City of Buenos Aires– will implement policies for accessing appropriate housing.

The Decree states as well that the application authority must create and coordinate a National Network of Social Integration Centers, available 24/7 every day of the year. This network must provide social aid services including basic lodging, food, hygiene, healthcare, workshops, and work training. These centers will have spaces and institutional dynamics suitable for families with children and teenagers to live together. The aim is to favor the unity of families and avoid children to be taken to the foster care system.

Finally, state employees working in this area will receive interdisciplinary training in matters such as children and teenagers, disability, old age, gender perspective, diversity and gender violence, mental health, and community addressing of problematic drug consumption.