Monash University
Browse
4. Hohmann.pdf (655.07 kB)

A 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

Download (655.07 kB)
Version 2 2023-04-04, 15:45
Version 1 2022-11-23, 00:30
journal contribution
posted on 2023-04-04, 15:45 authored by Jessie Hohmann

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.

History

Publication Date

2022

Volume

48

Issue

2

Type

Journal Article

Pages

132–159

AGLC Citation

Jessie Hohmann, 'A 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' (2022) 48(2) Monash University Law Review 132