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- Title
RIGHT TO HOUSING FOR THE VICTORIAN CHARTER OF HUMAN RIGHTS AND RESPONSIBILITIES? ASSESSING POTENTIAL MODELS UNDER THE INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS; THE EUROPEAN SOCIAL CHARTER; AND THE SOUTH AFRICAN CONSTITUTION.
- Authors
HOHMANN, JESSIE
- Abstract
In the face of a homelessness crisis in the State of Victoria, the Legislative Council Legal and Social Issues Committee of the Parliament of Victoria recommended in March 2021 that the State include a right to housing within the Charter of Human Rights and Responsibilities Act (2006) (Vic). But what should such a right to housing look like, and what will it protect within its scope? This article analyses three examples of a right to housing that Victoria might take as inspiration: the International Covenant on Economic, Social and Cultural Rights; the European Social Charter (Revised); and the Constitution of the Republic of South Africa Act 1996 (South Africa). It turns specific attention to the scope of the right; the interplay of its normative content and state obligations; and its interpretation. I argue that it is crucial to appreciate the interpretation of the right in each of these jurisdictions, in order to understand the potential consequences entailed in adopting a specific model for a right to housing. The article assesses the strengths, weaknesses and suitability of each potential right, to inform a robust discussion over the shape a right to housing could take in Victoria, and by extension, Australia.
- Subjects
SOUTH Africa; VICTORIA; RIGHT to housing; HUMAN rights; CONSTITUTIONAL law
- Publication
Monash University Law Review, 2022, Vol 48, Issue 2, p132
- ISSN
0311-3140
- Publication type
Article