Criminalising homelessness? : an analysis of vagrancy, begging and loitering laws in Malta

Abstract

This dissertation examines how the Maltese laws of vagrancy, begging and loitering relate to similar international laws that scholars argue disproportionately affect individuals experiencing homelessness. The research purpose was to understand the arguments both supporting and opposing such laws, and to consider how these insights might inform social policy in Malta. A qualitative research design was adopted, in which peer-reviewed academic literature was thematically analysed to identify recurring themes around the criminalisation of homelessness. The analysed articles included discussions on the implications of complaint driven enforcement practices, the barriers to reintegration and support faced by those experiencing homelessness, and the normative justifications for interventions targeting street homelessness. While efforts were made to locate literature outlining the negative consequences of repealing these provisions, no substantive evidence in favour of their retention were identified. This analysis informed the subsequent consideration of vagrancy, begging and loitering laws in Malta, and led to three recommendations: repeal Articles 338(w) and 338(x) of the Criminal Code, phase-out loitering bylaws, and invest in structural supports such as affordable housing and low-threshold services.