On 28 August 2009, the Centre made a Submission to the House of Representatives Standing Committee on Family, Community, Housing and Youth inquiry into proposed homelessness legislation for Australia.
Homelessness is a human rights issue and is both a cause and a consequence of poverty and other human rights violations. Therefore, the Centre submitted that the Australian Government’s response to homelessness should adopt a human rights-based approach in order to address the complex human rights issues that homelessness raises. In particular, any homelessness legislation should guarantee the right to adequate housing in Australia.
The Centre submitted that homelessness legislation should include the following features:
- the guarantee of a justiciable right to adequate housing;
- a requirement for the Australian Government to take reasonable legislative and other measures to progressively realise the right to adequate housing, as defined in international law;
- the provision of priority to vulnerable groups through an immediately enforceable right of access to emergency accommodation. Within a 10 year period, this right should be progressively expanded to apply to all persons in need;
- adequate protection of persons from forced evictions, including providing for necessary procedural protection and effective remedies;
- a requirement for meaningful participation by persons experiencing homelessness during policy development and in the delivery of homelessness services;
- a requirement for the Australian Government to adopt a comprehensive national housing strategy;
- clear provision for the right to adequate housing to be protected and provided on a non-discriminatory basis, ensuring equal access to housing;
- the establishment of an independent Housing Commissioner appointed to investigate and conciliate complaints relating to the right to adequate housing, and to investigate systemic issue;
- provision for a range of remedies for breaches of the right to adequate housing, including judicially enforceable remedies; and
- appropriate structural, process and outcome indicators to monitor the progressive realisation of the right to adequate housing, in particular the enjoyment of the right by vulnerable groups.
The Centre was provided with substantial research, drafting and editorial assistance in the preparation of the submission by the Mallesons Human Rights Law Group.
