CLA News / Promoting Justice and Dignity: A Practitioners’ Guide to Decriminalising Poverty and Status: Institute of Commonwealth Studies, School of Advanced Study, University of London
The Institute of Commonwealth Studies (ICwS), in partnership with the International Commission of Jurists (ICJ) and the Commonwealth Secretariat (ComSec), has released a groundbreaking Practitioners’ Guide (PG) on a Human Rights-Based Approach to Criminal Law, with a special focus on the decriminalisation of poverty and status. This new publication forms part of a global campaign to rethink and reform criminal laws that unfairly target society’s most marginalised populations.
Addressing the Criminalisation of Poverty
Across the world—and within many Commonwealth countries—people living in poverty or experiencing homelessness are disproportionately represented in criminal justice systems. Laws that criminalize minor or “petty” offences such as loitering, begging, sleeping rough, vagrancy, informal trading, and littering perpetuate cycles of poverty rather than addressing their causes.
These outdated laws, often remnants of colonial legal systems, not only “Clog” court lists and prison systems but also reinforce structural inequalities. Discriminatory enforcement practices, profiling, and barriers to legal recourse further marginalize those already living at society’s edges—people who often experience intersecting forms of discrimination based on gender, race, disability, or migration status.
A Human Rights-Based Approach
The Practitioners’ Guide draws upon and seeks to operationalize the ICJ’s 8 March Principles for a Human Rights-Based Approach to Criminal Law, which outline how states can reform criminal laws in accordance with international human rights standards. The Guide serves as both a reference and practical tool for a wide range of justice sector actors—including legislators, policymakers, government officials, national human rights institutions, civil society organisations, and academics.
It provides:
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A clear and accessible legal and conceptual framework grounded in human rights law;
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Good practices and lessons learned from international, regional, and domestic experiences in decriminalising poverty-related offences;
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Practical guidance for integrating human rights principles into legislative reform, law enforcement, and policy-making.
Collaborative Development and Global Engagement
The development of the Guide has been deeply participatory. Throughout 2024, the ICwS and its partners convened regional consultations and validation sessions with civil society, practitioners, and other stakeholders across Africa, South Asia, and the Americas/Caribbean. Insights from these engagements have been instrumental in shaping the Guide’s content, ensuring its relevance across diverse legal and social contexts.
The global launch of the Practitioners’ Guide took place in October 2024 at the Commonwealth Heads of Government Meeting (CHOGM) in Samoa, marking a significant milestone in the Commonwealth’s ongoing commitment to human rights-based criminal justice reform.
Next Steps: Regional Launches and Capacity Building
Following its global debut, the Practitioners’ Guide will be rolled out regionally across Africa, Asia, and the Caribbean, accompanied by targeted outreach and advocacy. The Guide is also set to be presented for endorsement at the Commonwealth Law Ministers Meeting in Fiji in February 2026. Subsequent phases will include translation, capacity building, and thematic research to support sustained reform efforts across the Commonwealth.
A Vision for Justice Rooted in Dignity
The Practitioners’ Guide represents a vital step toward reimagining criminal law as a tool for justice rather than punishment of poverty. By aligning legal systems with international human rights obligations, it advances the vision of a Commonwealth where dignity, equality, and fairness are not privileges, but rights enjoyed by all.
