The proposal introduces a ban on the passive collection of money in several locations in the municipality. Civil Rights Defenders and the Centre for Social Rights are launching a joint appeal against the ban to the administrative court in Malmö as it is contrary to the Public Order Act, the European Convention on Human Rights and the Instrument of Government.

"The ban on begging causes unjustified and disproportionate restrictions of people's fundamental rights and liberties and should therefore be repealed," says John Stauffer, legal director at Civil Rights Defenders.

Is begging disruptive?

A municipality may impose special regulations to uphold law and order in a public space, but to beg for money does not constitute a disruption to such an extent that the ban is justified. Civil Rights Defenders and the Centre for Social Rights questions whether sitting or standing in a place and verbally or with the help of a sign asking another person for help in the form of money can even be considered to constitute a disruption of law and order.

In the media, the chair of the municipal executive board in Vellinge has outlined the reasons for the decision, explaining that residents of the municipality feel assailed by those who beg for money and that they experience these people as a problem.

"The purpose of these regulations is not that people should be spared any discomfort they may feel when confronted with poverty and vulnerability. The Public Order Act should not be used for political aims," says John Stauffer.

An unnecessary and discriminatory ban

In addition, the decision of the municipality to impose a local ban on begging will in practice mainly affect homeless people who belong to the Roma minority, which is discriminatory and a crime against the European Convention on Human Rights and the Instrument of Government. The enforcement of the ban also involves difficult issues of demarcation.

"How is it possible to determine who is begging passively and who is asking for help in other ways or simply is present in the area? The ban involves an imminent risk for arbitrary judgements and that Roma people may be subjected to discrimination," says John Stauffer.

In conclusion, Civil Rights Defenders and the Centre for Social Rights argue that the ban on begging in Vellinge municipality should be lifted because it:

• violates the right to freedom of expression and personal freedom;
• is not necessary, as begging is not disruptive to law and order;
• is not proportionate to the restrictions on human rights it will bring;
• constitutes an issue of demarcation regarding who is included in the ban, which may lead to arbitrary judgments;
• is discriminatory.